42 CFR § 411.388
When advisory opinions are not admissible evidence
June 11, 2020
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]