Advisory Opinions
In accordance with section 1128(D)(b) of the Social Security Act (42 U.S.C. 1320a-7d(b)) and 42 CFR part 1008, OIG issues advisory opinions about the application of OIG's fraud and abuse authorities to the requesting party's existing or proposed business arrangement. As required by the statute, these advisory opinions are being made available to the public through this OIG Web site.
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.
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Quick Links/Resources
- Preliminary Checklist for Advisory Opinion Requests
- Recommended Preliminary Questions and Supplementary Information
- The full and current regulatory text of regulations governing requests for advisory opinions is available on the Code of Federal Regulations Web site. 42 CFR part 1008
- The OIG Final Rule (73 Fed. Reg. 40982) revising the procedural aspects for submitting payments for advisory opinion costs.
- The OIG Interim Final Rule (73 Fed. Reg. 15937) revising the procedural aspects for submitting payments for advisory opinion costs.
- The OIG Interim Final Rule (62 Fed. Reg. 7350) and Revised Final Rule (63 Fed. Reg. 38311) addressing the procedural aspects for submitting a request and obtaining a formal advisory opinion from OIG.
- 05-01-2012
- Advisory Opinion 12-05
(concerning a rewards program under which consumers would earn gasoline discounts based on the amount spent on purchases in retail stores and pharmacies, including cost-sharing amounts paid in connection with items covered by Federal health care programs.) - 04-30-2012
- Advisory Opinion 12-04
(concerning certain aspects of an exclusive contract for emergency transport services between a municipality and an ambulance company that reimburses the municipality for dispatch services and for certain costs incurred when municipal firefighters drive transports.) - 04-26-2012
- Advisory Opinion 12-03
(concerning a proposal by a municipal fire department to share certain costs related to dispatch and other services with hospital-based ambulance providers that participate in the local 911 emergency dispatch system.) - 04-11-2012
- Notice of Modification to Modified Advisory Opinion 08-17
(concerning Advisory Opinion No. 08-17, which was issued on 10-21-2008, as previously modified, regarding a nonprofit, tax-exempt, charitable organization's proposed arrangement to provide counseling from a law firm regarding financially needy patients' eligibility for federal and state funded benefits programs and, for patients who appear to be eligible, assistance from the law firm in applying for benefits.) - 03-27-2012
- Advisory Opinion 12-02
(concerning a proposal to operate a website that would display coupons and advertising from health care providers, suppliers, and other entities.) - 03-15-2012
- Advisory Opinion 12-01
(concerning a proposal to establish a group purchasing organization ("GPO") that would be wholly owned by an entity that also wholly owns many of the potential participants in the GPO, and to pass through to participants in the GPO a portion of the payments received by the GPO from vendors.)
Advisory Opinions for 2012
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