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Virtual Oversight, Real Impacts: “Incident-To” and Beyond in CMS’s CY 2026 PFS Proposed Rule

Key Takeaways - CMS proposes to significantly expand the use of virtual direct supervision for incident-to services, removing prior limitations based on Professional Component (PC)/Technical Component (TC) indicators and...more

Still in Telemedicine Limbo: DEA Issues Third Temporary Rule Extending Controlled Substance Prescribing Flexibilities Through...

The Drug Enforcement Administration (DEA) has announced a third temporary extension of the telemedicine flexibilities originally implemented during the COVID-19 Public Health Emergency (PHE). This third extension continues...more

DEA Issues Second Temporary Rule Extending Controlled Substance Prescribing Flexibilities Through December 2024

On October 6, 2023, the Drug Enforcement Agency (DEA) and the Department of Health and Human Services (HHS) issued a Second Temporary Rule, further extending the ability to prescribe controlled substances via telemedicine...more

Proposed Regulatory Oversight on the Emerging Use of Artificial Intelligence in Digital Health

Recent months have seen a heightened interest in artificial intelligence (“AI”)-based technology solutions. Although AI is derived from neural networks that date back to the 1940s, new technologies such as generative AI...more

DEA Temporary Rule Extends Telemedicine Flexibilities Through November 2023 and Grants Additional One-Year Grace Period

Two days ahead of the expiration of the COVID-19 Public Health Emergency (PHE), the  Drug Enforcement Agency (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a temporary rule extending...more

DEA to Extend Current Telemedicine Flexibilities

The Drug Enforcement Administration (DEA) is seeking approval from the White House to temporarily extend current COVID-19 Public Health Emergency (PHE) flexibilities for prescribing controlled substances via telemedicine....more

DEA Announces Permanent Flexibilities for the Prescribing of Controlled Substances via Telemedicine

On February 24, 2024, the Drug Enforcement Administration (“DEA”) released a long-anticipated proposed rule that aims to permanently extend controlled substance prescribing flexibilities beyond the COVID-19 Public Health...more

Telehealth: CMS Proposes to Discontinue Audio-Only E/M Services and Virtual Direct Supervision in 2023 Proposed Rule

On July 07, 2022 the Centers for Medicare and Medicaid Services (“CMS”) released the 2023 Physician Fee Schedule (“PFS”) Proposed Rule, which proposes several significant changes to Medicare telehealth services....more

Congress Grants Five Month Extension for Telehealth Flexibilities

On Tuesday, March 16, 2022, President Biden signed into law H.R. 2471, the Consolidated Appropriations Act, 2022 (“2022 CAA”). This new law includes several provisions that extend the Medicare telehealth waivers and...more

Telehealth: Key Takeaways From The CY2022 PFS Final Rule

In November 2021, the Centers for Medicare and Medicaid Services (“CMS”) issued the Physician Fee Schedule Final Rule (“Final Rule”) which includes several telehealth policy updates that will go into effect in calendar year...more

Medicare Telehealth Update: CMS Releases CY2022 PFS Proposed Rule

On July 23, 2021, the Center for Medicare & Medicaid Services (“CMS”) released the CY 2022 Physician Fee Schedule Proposed Rule (“Proposed Rule”) which outlines several proposed changes to reimbursement of Medicare telehealth...more

Telehealth: New Executive Order and CY2021 Proposed Regulatory Changes

On August 3, 2020, President Trump issued an Executive Order seeking to improve care provided to individuals in rural communities by increasing access to care through telehealth....more

President Trump Issues Telehealth Executive Order and Proposed Regulatory Changes

On August 3, 2020, President Trump issued an Executive Order seeking to improve care provided to individuals in rural communities by increasing access to care through telehealth....more

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