Section 1008.5 - Matters subject to advisory opinions(a) An individual or entity may request an advisory opinion from the OIG regarding-(1) What constitutes prohibited remuneration within the meaning of section 1128B(b) of the Act;(2) Whether an arrangement, or proposed arrangement, satisfies the criteria set forth in section 1128B(b)(3) of the Act for activities that do not result in prohibited remuneration;(3) Whether an arrangement, or proposed arrangement, satisfies the criteria set forth in § 1001.952 of this chapter for activities that do not result in prohibited remuneration;(4) What constitutes an inducement to reduce or limit services under section 1128A(b) of the Act to Medicare or Medicaid program beneficiaries; and(5) Whether any activity, or proposed activity, constitutes grounds for the imposition of a sanction under sections 1128, 1128A or 1128B of the Act.(b)Exceptions. The OIG will not address through the advisory opinion process-(1) What the fair market value will be, or whether fair market value was paid or received, for any goods, services or property; or(2) Whether an individual is a bona fide employee within the requirements of section 3121(d)(2) of the Internal Revenue Code of 1986.62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38324, July 16, 1998