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HHS Advisory Opinions

The Office of the General Counsel (“OGC”), at the sole discretion of the General Counsel, may issue Advisory Opinions either (i) in response to requests by the public soliciting the views of the General Counsel on significant legal issues or (ii) sua sponte to clarify the Department’s legal position on a critical issue.  The OGC Advisory Opinions represent the then current views of the General Counsel and are subject to modification as warranted.  The Advisory Opinions do not create binding legal norms, are not meant to bind the public in any way, do not have the force and effect of law, and are not final agency action.

Current Advisory Opinions

  • Advisory Opinion 25-01
  • Advisory Opinion 24-02
    These opinions represented the view of OGC during a prior Administration.  They are federal records and should be preserved.  They do not, however, represent the views of the current Administration.
  • Advisory Opinion 24-01 - OGC is reconsidering this opinion.
    These opinions represented the view of OGC during a prior Administration.  They are federal records and should be preserved.  They do not, however, represent the views of the current Administration.
  • Advisory Opinion 21-02
  • Advisory Opinion 21-01
  • Advisory Opinion 20-06 WITHDRAWN*
  • Advisory Opinion 20-05
  • Advisory Opinion 20-04
  • Advisory Opinion 20-03
  • Advisory Opinion 20-02
  • Advisory Opinion 20-01

*People using assistive technology may not be able to fully access information in these files. For assistance, contact the HHS Office of the General Counsel at (202) 690-7998 or by emailing Barbara.McGarey@hhs.gov.

Content created by Office of the General Counsel (OGC)
Content last reviewed March 10, 2025
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