What law applies to the OIG advisory opinion process?
Congress established the OIG advisory opinion process as part of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Information about the process can be found by reviewing the following law and regulations: • Statute. The statute is section 1128D(b) of the Social Security Act (the “Act”), 42 U.S.C. § 1320a-7d(b) • Regulations. Regulations implementing the process can be found at the following locations: • in the Code of Federal Regulations at 42 CFR Part 1008 ; or • in the Federal Register by reviewing the Interim Final Rule at 62 Fed. Reg. 7,350 (1997), the Revised Final Rule at 63 Fed. Reg. 38,311 (1998), and the Interim Final Rule at 73 Fed. Reg.15937 (2008), and the Final Rule at 73 Fed. Reg. 40982 (see Current Regulations).
