[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1008.5]



[Page 1212]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1008_ADVISORY OPINIONS BY THE OIG--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  1008.5  Matters subject to advisory opinions.



    (a) An individual or entity may request an advisory opinion from the 

OIG regarding--

    (1) What constitutes prohibited remuneration within the meaning of 

section 1128B(b) of the Act;

    (2) Whether an arrangement, or proposed arrangement, satisfies the 

criteria set forth in section 1128B(b)(3) of the Act for activities that 

do not result in prohibited remuneration;

    (3) Whether an arrangement, or proposed arrangement, satisfies the 

criteria set forth in Sec.  1001.952 of this chapter for activities that 

do not result in prohibited remuneration;

    (4) What constitutes an inducement to reduce or limit services under 

section 1128A(b) of the Act to Medicare or Medicaid program 

beneficiaries; and

    (5) Whether any activity, or proposed activity, constitutes grounds 

for the imposition of a sanction under sections 1128, 1128A or 1128B of 

the Act.

    (b) Exceptions. The OIG will not address through the advisory 

opinion process--

    (1) What the fair market value will be, or whether fair market value 

was paid or received, for any goods, services or property; or

    (2) Whether an individual is a bona fide employee within the 

requirements of section 3121(d)(2) of the Internal Revenue Code of 1986.



[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38324, July 16, 1998]