42 CFR § 1008.15 - Facts subject to advisory opinions.

---
identifier: "/us/cfr/t42/s1008.15"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 1008.15 - Facts subject to advisory opinions."
title_number: 42
title_name: "Public Health"
section_number: "1008.15"
section_name: "Facts subject to advisory opinions."
chapter_name: "OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "OIG AUTHORITIES"
part_number: "1008"
part_name: "ADVISORY OPINIONS BY THE OIG"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1320a-7d(b)."
regulatory_source: "62 FR 7357, Feb. 19, 1997, unless otherwise noted."
cfr_part: "1008"
---


# 1008.15 Facts subject to advisory opinions.

(a) The OIG will consider requests from a requesting party for advisory opinions regarding the application of specific facts to the subject matters set forth in § 1008.5(a) of this part. The facts must relate to an existing arrangement, or one which the requestor in good faith plans to undertake. The plans may be contingent upon receiving a favorable advisory opinion. The advisory opinion request should contain a complete description of the arrangement that the requestor is undertaking, or plans to undertake.

(b) Requests presenting a general question of interpretation, posing a hypothetical situation, or regarding the activities of third parties do not qualify as advisory opinion requests.

(c) An advisory opinion request will not be accepted, and/or an opinion will not be issued when—

(1) The request is not related to a named individual or entity; or

(2) An informed opinion cannot be made, or could be made only after extensive investigation, clinical study, testing, or collateral inquiry.

[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38324, July 16, 1998; 87 FR 1369, Jan. 11, 2022]