Failing that, hardware designs, and the software - along with all necessary instructions - at least have to be put in escrow in the event that the company goes under. That would not immediately help, but at least there would be a fighting chance... As in this case to still be able to have someone fix/use the software to calibrate the implant.
This should be standard regulation for approving such implants.
And this can and should be paired with the other suggestions here such as mandatory insurance, etc.
Edited for clarity