What are appropriate subject matters for advisory opinion requests?
Most advisory opinion requests seek guidance regarding the anti-kickback statute, section 1128B(b) of the Act, or the anti-kickback “safe harbor” regulations at 42 CFR ยง 1001.952. However, the OIG may also issue advisory opinions regarding the exclusion authorities in section 1128 of the Act, the civil monetary penalty authorities in section 1128A of the Act, and the criminal penalties in section 1128B of the Act. A party seeking an advisory opinion can help us process its request more quickly by identifying the specific subsections of 1128, 1128A, or 1128B of the Act about which the party is seeking an opinion and by providing facts relevant to the specific subsections.
