[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1008.39]



[Page 1215-1216]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1008_ADVISORY OPINIONS BY THE OIG--Table of Contents

 

    Subpart D_Submission of a Formal Request for an Advisory Opinion

 

Sec.  1008.39  Additional information.



    (a) If the request for an advisory opinion does not contain all of 

the information required by Sec.  1008.36 of this part, or the OIG 

believes it needs more information prior to rendering an advisory 

opinion, the OIG may, at any time, request whatever additional 

information or documents it deems necessary. The time period for the 

issuance of an advisory opinion will be tolled from the time the OIG 

requests the additional information from the requestor until such time 

as the OIG determines that it has received the requested information.

    (b) The OIG may request additional information before or after the 

request for an advisory opinion has been accepted.

    (c) Additional information should be provided in writing and 

certified to be a true, correct and complete disclosure



[[Page 1216]]



of the requested information in a manner equivalent to that described in 

Sec.  1008.38 of this part.

    (d) In connection with any request for an advisory opinion, the OIG 

or DoJ may conduct whatever independent investigation they believe 

appropriate.

    (e) Requesting parties are required to notify the OIG if they 

request an advisory opinion in accordance with part 411 of this title 

from CMS about the arrangement that is the subject of their advisory 

opinion request.

    (f) Where appropriate, after receipt of an advisory opinion request, 

the OIG may consult with the requesting parties to the extent the OIG 

deems necessary.



[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38325, July 16, 1998]