[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: 42CFR1008.55]



[Page 1218]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

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

 

           Subpart F_Scope and Effect of OIG Advisory Opinions

 

Sec.  1008.55  Admissibility of evidence.



    (a) The failure of a party to seek an advisory opinion may not be 

introduced into evidence to prove that the party intended to violate the 

provisions of sections 1128, 1128A or 1128B of the Act.

    (b) An advisory opinion may not be introduced into evidence by a 

person or entity that was not the requestor of the advisory opinion to 

prove that the person or entity did not violate the provisions of 

sections 1128, 1128A or 1128B of the Act or any other law.



[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38326, July 16, 1998]