07/14/2026
The U.S. Department of Health and Human Services Office of Inspector General (HHS OIG) recently issued OIG Advisory Opinion 26-16, a favorable opinion addressing a health center’s “food-as-medicine” program. The program provides eligible low-income patients with certain chronic conditions free produce boxes or healthy-food vouchers, together with nutrition counseling, health assessments, laboratory testing, and related clinical services.
In the opinion, OIG concluded that the arrangement implicates both the Federal Anti-Kickback Statute (AKS) and the Beneficiary Inducements Civil Monetary Penalty (CMP) because the free food benefits constitute remuneration and are connected to federally reimbursable healthcare services. Nevertheless, OIG determined that the arrangement presented a sufficiently low risk of fraud and abuse and stated that it would not impose administrative sanctions under the specific facts presented…
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