110 STAT. 2002 PUBLIC LAW 104-191—AUG. 21, 1996 "(B) Whether an arrangement or proposed arrangement satisfies the criteria set forth in section 1128B(b)(3) for activities which do not result in prohibited remuneration. "(C) Whether an arrangement or proposed arrangement satisfies the criteria which the Secretary has established, or shall establish by regulation for activities which do not result in prohibited remuneration. "(D) What constitutes an inducement to reduce or limit services to individuals entitled to benefits under title XVIII or title XIX within the meaning of section 1128B(b). "(E) Whether any activity or proposed activity constitutes grounds for the imposition of a sanction under section 1128, 1128A, or 1128B. " (3) MATTERS NOT SUBJECT TO ADVISORY OPINIONS.— Such advisory opinions shall not address the following matters: "(A) Whether the fair market value shall be, or was paid or received for any goods, services or property. "(B) Whether an individual is a bona fide employee within the requirements of section 3121(d)(2) of the Internal Revenue Code of 1986. "(4) EFFECT OF ADVISORY OPINIONS. — " (A) BINDING AS TO SECRETARY AND PARTIES INVOLVED.— Each advisory opinion issued by the Secretary shall be binding as to the Secretary and the party or pgirties requesting the opinion. "(B) FAILURE TO SEEK OPINION. —The failure of a party to seek an advisory opinion may not be introduced into evidence to prove that the party intended to violate the provisions of sections 1128, 1128A, or 1128B. "(5) REGULATIONS.— "(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this section, the Secretary shall issue regulations to carry out this section. Such regulations shall provide for— "(i) the procedure to be followed by a party apply- ing for an advisory opinion; "(ii) the procedure to be followed by the Secretary in responding to a request for an advisory opinion; "(iii) the interval in which the Secretary shall respond; "(iv) the reasonable fee to be charged to the party requesting an advisory opinion; and "(v) the manner in which advisory opinions will be made available to the public. "(B) SPECIFIC CONTENTS. — Under the regulations promulgated pursuant to subparagraph (A)— "(i) the Secretary shall be required to issue to a party requesting an advisory opinion by not later than 60 days after the request is received; and "(ii) the fee charged to the party requesting an advisory opinion shall be equal to the costs incurred by the Secretary in responding to the request. "(6) APPLICATION OF SUBSECTION.— Th is subsection shall apply to requests for advisory opinions made on or after the date which is 6 months after the date of enactment of this section and before the date which is 4 years after such date of enactment.
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