42 CFR 411.388 - When advisory opinions are not admissible evidence.

Regulations last checked for updates: Feb 11, 2026

Title 42 - Public Health last revised: Feb 02, 2026

View all text of Subpart J [§ 411.350 - § 411.389]

§ 411.388 - When advisory opinions are not admissible evidence.

The failure of a party to seek or to receive an advisory opinion may not be introduced into evidence to prove that the party either intended or did not intend to violate the provisions of sections 1128, 1128A or 1128B of the Act.

[69 FR 57230, Sept. 24, 2004]

authority: 42 U.S.C. 1302,1395w,1395hh,and

source: 54 FR 41734, Oct. 11, 1989, unless otherwise noted.

cite as: 42 CFR 411.388