OIG advisory opinion rule sunsets in one week

Health care attorney Sandy Teplitzky of the Baltimore-based firm Ober Kaler, who was influential in bringing about the initial authorization for the advisory opinion process, says he is optimistic that the process will be re-authorized, perhaps as part of an appropriations bill.

However, he argues the process could be improved if the Office of Inspector General had 90 days, instead of 60, to issue its opinions. Likewise, he contends that it would be better to exempt requests from the Freedom of Information Act process.

Teplitzky argues that trade associations should be allowed to request advisory opinions on behalf of their members, which is currently prohibited. He also maintains that everyone, as opposed to just requestors, should be able to rely on the opinions that are issued and that a process should be created to address requests that are rejected.