C.F.R. » Title 42 » CHAPTER V—OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—OIG AUTHORITIES › PART 1008—ADVISORY OPINIONS BY THE OIG › Subpart F—Scope and Effect of OIG Advisory Opinions

42 C.F.R. § 1008.53

Affected parties

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An advisory opinion issued by the OIG will have no application to any individual or entity that does not join in the request for the opinion. No individual or entity other than the requestor(s) may rely on an advisory opinion.

Notes of Decisions
Cited in 2 cases, 1999–2014 · leading case: United States ex rel. McDonough v. Symphony Diagnostic Servs., Inc., 36 F. Supp. 3d 773 (S.D. Ohio 2014).
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United States ex rel. McDonough v. Symphony Diagnostic Servs., Inc., 36 F. Supp. 3d 773 (S.D. Ohio 2014). “But in any case, OIG’s identification of a practice as “suspect” merely triggers further investigation by OIG; it does not render a practice per se illegal or unlawful, as even Relator’s expert acknowledges. (See Dep. of Kathleen McNamara, Doc.”
Zimmer, Inc. v. Nu Tech Med., Inc., 54 F. Supp. 2d 850 (N.D. Ind. 1999). “While no individual or entity other than the requestor may rely on an advisory opinion, 42 C.F.R. § 1008.53 , Zimmer requested Advisory Opinion 98-1, so its introduction of and rebanee on that opinion is not improper.”
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