How do I get an OIG advisory opinion?

Submit a request Advisory opinion requests must be submitted in PDF format to [email protected]. You will receive an initial response to your advisory opinion request that accepts, rejects, or seeks additional information regarding the request within 10 business days of submitting your request.

Which agency provides opinions on the Stark law?

Congress authorized the HHS Secretary to create addi- tional regulatory exceptions to the Stark Law, to issue advisory opinions, and to issue regulations interpreting the Stark Law.

What is the meaning of advisory opinion?

A court’s nonbinding interpretation of law. It states the opinion of a court upon a legal question submitted by a legislature, government official, or another court.

What best describes an advisory opinion?

Which of the following statements BEST describes Advisory Opinions? They are not part of USPAP but illustrate applicability and provide guidance.

What are exceptions under Stark?

For example, the following exceptions to the Stark Law require a written, signed agreement: office space and equipment rental, personal service arrangements, physician recruitment arrangements, group practice arrangements, and fair market value compensation arrangements. 42 C.F.R. 411.357.

What is the difference between the Stark Law and the Anti-Kickback Statute?

The Anti-Kickback Law covers referrals for all services from anyone including physicians or pharmaceutical companies. Conversely, the Stark Law is for referrals from physicians only and covers a set list of “Designated Health Services” (DHS).

What is the role of advisory opinion 11 with regard to appraisal reporting?

Standards Rule 2-2 states that, “each written appraisal report must be prepared under one of the following options and prominently state which option is used: Appraisal Report or Restricted Appraisal Report.” USPAP Advisory Opinion 11 provides further commentary and a comparison chart for these reporting options to aid …

What are advisory opinions in USPAP?

The ASB issues Advisory Opinions which are a form of guidance to illustrate the applicability of USPAP in specific situations and to offer advice from the ASB for the resolution of appraisal issues and problems. Advisory Opinions are not part of USPAP. There are currently 32 active Advisory Opinions.

What are the 5 basic rules under USPAP?

There are five basic rules located in the Preamble section of USPAP. These include the Ethics Rule, Record Keeping Rule, Competency Rule, Scope of Work Rule and Jurisdictional Exception Rule. The Ethics Rule is to promote and preserve the public trust.

What is an OIG advisory opinion?

Most advisory opinion requests seek guidance regarding the anti-kickback statute or the anti-kickback “safe harbor” regulations. However, OIG is authorized to issue advisory opinions as to the application of the following laws and regulations:

What is the purpose of the advisory opinion process?

One purpose of the advisory opinion process is to provide meaningful advice on the application of the anti-kickback statute and other OIG sanction statutes in specific factual situations. Please note, however, that advisory opinions are binding and may legally be relied upon only by the requestor.

What is a triggering dollar amount for advisory opinions?

A triggering dollar amount is the maximum amount that you are willing to spend on an advisory opinion. If you designate a triggering dollar amount, we will stop processing your request and notify you if the costs have reached, or are likely to exceed, the amount you designate.

Is it illegal to not seek an advisory opinion?

No, the advisory opinion process is voluntary. Failure to seek an advisory opinion about a transaction or business arrangement may not be introduced into evidence to prove that the party intended to violate the law. What are appropriate subject matters for advisory opinion requests?