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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.
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.