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Fraud Prevention & Detection

Advisory Opinions

  
 

Advisory Opinions

Frequently Asked Questions (FAQs) About the Advisory Opinion Process

Current Regulations

Preliminary Checklist for Advisory Opinion Requests

Preliminary Questions

CMS Advisory Opinion Website

   

In accordance with section 1128D (b) (5) (A) (v) of the Social Security Act and 42 CFR 1008.47 of our regulations, advisory opinions issued by the Office of Inspector General are being made available to the general public through this OIG website. One purpose of the advisory opinion process is to provide meaningful advice on the application of the anti-kickback statute and other OIG sanction statutes in specific factual situations. Please note, however, that advisory opinions are binding and may legally be relied upon only by the requestor. Since each opinion will apply legal standards to a set of facts involving certain known persons who provide specific statements about key factual issues, no third parties are bound nor may they legally rely on these advisory opinions.

We have redacted specific information regarding the requestor and certain privileged, confidential or financial information associated with the individual or entity, unless otherwise specified by the requestor.

   

Current Regulations

    

2001

 

 

 

The OIG Interim Final Rule (62 FR 7350) PDF and Revised Final Rule (63 FR 38311) PDF addressing the procedural aspects for submitting a request and obtaining a formal advisory opinion from the Office of Inspector General, can be found under the Authorities and Federal Register Notices section of this web site.

 

To access the full and current regulatory text in 42 CFR part 1008, go to the Code of Federal Regulations on-line at http://www.access.gpo.gov/nara/cfr/waisidx_99/42cfr1008_99.html

 

 

 

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Information Regarding Preliminary Questions and Supplementary Information for Obtaining OIG Advisory Opinions

    

 

 

Set forth below are the proposed preliminary questions and supplementary information for addressing requests for OIG advisory opinions in accordance with section 1128D of the Social Security Act and 42 CFR 1008.18 of our regulations. A Federal Register notice was published on March 21, 1997 (62 FR 13621) specifically solicited public comments on this information collection activity. After receipt and due consideration of public comments, the OIG will submit the proposed preliminary questions to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act (44 U.S.C. 2501-2530). We will provide public notice when a formal request is submitted to OMB. The preliminary questions will not be used until approved by OMB.

    

Preliminary Checklist

 

 

12/4/01

Preliminary Checklist for Advisory Opinion Requests (revised June 1999): Updated checklist to reflect revised OIG final regulations on the Advisory Opinion Process (63 FR 38311; July 16, 1998)

Preliminary Questions

 

 

 

Recommended Preliminary Questions and Supplementary Information for Addressing Requests for OIG Advisory Opinions In Accordance With Section 1128D of the Social Security Act and 42 CFR Part 1008

 

 

 

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