The U.S. Department of Health and Human Services Office of Inspector General (OIG) posted on October 25, 2023 Advisory Opinion No. 23-08, in which OIG rejected a proposed arrangement from a cochlear implant device manufacturer (the requestor) that would provide a free hearing aid to certain qualified patients who received a cochlear implant. OIG concluded the proposed arrangement could generate prohibited remuneration under the federal Anti-Kickback Statute (AKS) and the Beneficiary Inducement Law and could violate those laws if the requisite intent were present.
Under the proposed arrangement, the manufacturer would offer a bundle consisting of a cochlear implant made by the manufacturer and a free hearing aid manufactured by a third party. The cochlear implant would be purchased by a hospital or ambulatory surgical center (ASC), and for certain “bimodal hearing candidates,” a hearing aid would be provided for free to the patient along with the cochlear implant. OIG determined that the proposed arrangement implicated the AKS because the manufacturer would provide remuneration in the form of a free hearing aid that may induce patients and providers (e.g., ASCs) to purchase the manufacturer’s cochlear implant, which is reimbursable by FHCPs.
Recent Posts
Aerobic Physical Activity in U.S. Adults: An Updated Report
In 2022, the American Academy of Audiology shared an update regarding two data briefs about physical activity in the United States. One was related to…
Adding Vestibular Training to Post-Stroke Care
A recent study by Mishra and colleagues (2026) examined individuals with chronic post-stroke disequilibrium. Participants (n=18) received either traditional balance therapy or balance therapy plus…
No Surprises Act Reform: One to Watch in the Lame-Duck Session
As Congress prepares for the lame-duck session following the November midterm elections, health care legislation could be among the issues lawmakers seek to address before…



