National Law Review June 6, 2022
OIG REMOVES BASIS FOR REJECTING ADVISORY OPINION REQUESTS
On January 11, 2022, OIG published a final rule removing a frequently cited basis for rejecting requests for advisory opinions. Because the rule is procedural, it was promulgated without notice and comment. OIG unexpectedly released the rule before the close of comments on a request for information in which OIG specifically sought feedback on the advisory opinion process.
The rule removes the requirement that OIG reject advisory opinion requests when “the same or substantially the same course of action is under investigation or has been the subject of a proceeding involving HHS or another governmental agency.” OIG cited two reasons for the change: more flexibility for OIG to issue favorable or unfavorable...
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