Search
Medicaid Monitor
Monday, October 26, 2026 · Updated 6:06 AM MT · 15 stories today
Mon, Oct 26 · 15 stories todayPRO
← All stories
LegalOctober 23, 2026

OIG Approves Hearing Referral Program Under Anti-Kickback Safe Harbor

The HHS Office of Inspector General issued Advisory Opinion 26-18 on September 9, 2026, approving a proposed arrangement connecting patients with potential hearing loss to participating audiologists, hearing aid specialists and ENT providers. A company whose parent makes ENT medical devices would operate the referral program, charging participating hearing providers a flat annual membership fee unrelated to referral volume or value. OIG found the arrangement implicates the Anti-Kickback Statute but qualifies for the referral services safe harbor because participation is open, fees are cost-based, providers retain clinical independence, and patients receive written disclosures and must consent before referral. OIG did not address the separate arrangement between the requestor and primary care clinicians using the underlying hearing-screening device.

Why it mattersProviders and vendors structuring paid referral networks for Medicaid- and Medicare-reimbursable services must mirror these safe harbor conditions, open participation, cost-based fees, clinical independence and documented patient consent, to avoid Anti-Kickback Statute liability.

Managed Care

Read the full article at hallrender.com →
Share this briefing

You might also like

← All stories

Get the daily briefing.