42 C.F.R. § 411.388 When advisory opinions are not admissible evidence.
Title 42 - Public Health
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]
Title 42: Public Health
PART 411—EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT
Subpart J—Financial Relationships Between Physicians and Entities Furnishing Designated Health Services
§ 411.388 When advisory opinions are not admissible evidence.

