News & Analysis as of September 2, 2025

Telemedicine

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

The Health Record - Healthcare Law Insights, V 2, Issue 6, June 2025

Spilman Thomas & Battle, PLLC on 6/9/2025

Welcome to our sixth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the impact of supply chain and tariff issues on the industry, the veto of Florida's...more

DEA Releases Long-Awaited Telehealth Special Registration Proposal, but Adoption Is Uncertain

McDermott+ on 1/20/2025

On January 15, 2025, the US Drug Enforcement Administration (DEA) released a proposed rule entitled Special Registrations for Telemedicine and Limited State Telemedicine Registrations. This proposed rule would establish three...more

Congress Extends Telehealth Flexibilities for Two More Years

Sheppard Mullin Richter & Hampton LLP on 12/19/2024

With only two weeks remaining in the year, Congress is considering a government funding deal (the “Further Continuing Appropriations and Disaster Relief Supplemental Appropriations Act, 2025” or the “Bill”) that includes a...more

Update: Telehealth “Cliff” Looming at End of 2024

Bradley Arant Boult Cummings LLP on 12/18/2024

As 2024 comes to a close, the telehealth space continues to be uncharted territory. When the COVID-19 pandemic began, the ability to deliver telehealth expanded as providers sought to provide quality care unrestricted by...more

DEA and HHS Extend COVID-19 Telemedicine Prescribing Flexibilities Again

Wilson Sonsini Goodrich & Rosati on 11/20/2024

The federal Drug Enforcement Agency (DEA) and the U.S. Department of Health and Human Services (HHS) have extended COVID-19 telemedicine flexibilities for prescribing controlled substances. Until December 31, 2025, a...more

DEA Extends Telemedicine Flexibilities for Controlled Substance Prescribing Through December 31, 2025

McDermott Will & Schulte on 11/19/2024

The US Drug Enforcement Administration (DEA) further extended flexibilities that allow providers to prescribe controlled substances via telemedicine without first performing an in-person visit. The flexibilities were...more

DEA Extends Telehealth Lifeline for Patients

Robinson+Cole Health Law Diagnosis on 11/18/2024

On November 15, 2024, the Drug Enforcement Administration (DEA) and the Department of Health & Human Services (HHS) jointly announced an extension of current COVID-era tele-prescribing flexibilities for another year – through...more

Update: Federal and State Agencies Release Telehealth-Related Updates

Bradley Arant Boult Cummings LLP on 10/29/2024

Following the telehealth boom initiated by the COVID-19 pandemic, agencies continue to contend with competing interests in the telehealth space. Current legislation on both state and federal levels indicates that while these...more

Pending DEA Extension on Prescription of Controlled Substances via Telemedicine

McDermott+ on 10/14/2024

A new rule posted on the Office of Management and Budget (OMB) registry suggests that the Drug Enforcement Administration (DEA) is planning an additional extension of COVID-19 flexibilities for telemedicine prescribing of...more

CMS Proposes Extending COVID-Era Telehealth and Supervision Flexibilities through CY 2025

Baker Donelson on 7/30/2024

The Centers for Medicare & Medicaid Services (CMS) proposed to extend a number of COVID-era regulatory flexibilities related to telehealth, remote services, and supervision in the CY 2025 Medicare Physician Fee Schedule (PFS)...more

Healthcare Execs Face Federal Drug Charges in Landmark Telehealth Case

Bradley Arant Boult Cummings LLP on 7/3/2024

In a first-of-its-kind prosecution, federal prosecutors have charged two healthcare executives with unlawfully distributing controlled substances, such as Adderall, through a telehealth website. These charges demonstrate...more

Healthcare Regulatory Check-up Newsletter | April 2024 Recap

McDermott Will & Schulte on 5/29/2024

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025...more

Exploring the Virtual Care Policy Landscape One Year Post-PHE

McDermott+ on 5/15/2024

May 11, 2024, marked one year since the end of the COVID-19 public health emergency (PHE), and not much has changed in Medicare telehealth policy. We are still operating under temporary waivers and flexibilities and, as a...more

Health Care Fraud Enforcement in 2024

Foley Hoag LLP - White Collar Law &... on 4/11/2024

This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... The government had another busy year in 2023 investigating and prosecuting health...more

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

Bass, Berry & Sims PLC on 2/27/2024

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we...more

2024: The Year of the Telehealth Cliff

McDermott Will & Schulte on 1/15/2024

What does December 31, 2024, mean to you? New Year’s Eve? Post-2024 election? Too far away to know? Our answer: December 31, 2024, is when we will go over a “telehealth cliff” if Congress fails to act before that date,...more

Looking Forward: Top Policy Areas for 2024

McDermott+ on 1/4/2024

Happy New Year! As we enter 2024, we want to lay out some of the main regulatory issues (both new and old) that McDermott+Consulting will be tracking over the next year. While these may evolve, we think they are still...more

Telehealth Prescribing Flexibilities for Controlled Substances Extended Through End of 2024

Burr & Forman on 11/10/2023

The rule allowing for providers to prescribe controlled substances via telehealth, set to expire for new patient-provider relationships on November 11, has been extended through the end of 2024....more

Tele-Prescribing Flexibilities Extended Again in Second Temporary Rule

Sheppard Mullin Richter & Hampton LLP on 10/18/2023

This month, the Drug Enforcement Administration (“DEA”), in conjunction with the Substance Abuse and Mental Health Services Administration (“SAMHSA”), issued a Second Temporary Rule further extending the telemedicine waivers...more

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

Polsinelli on 10/12/2023

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

DEA Further Extends Flexibilities for Controlled-Substance Prescribing via Telemedicine

McDermott Will & Schulte on 10/9/2023

The United States Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) have further extended flexibilities that allow providers to prescribe controlled substances...more

HIPAA & Telemedicine in Texas: Are Audio-Only Telemedicine Services Allowed?

Hendershot Cowart P.C. on 9/5/2023

In June 2022, the U.S. Department of Health and Human Services (HHS) issued new guidance on the use of remote communication technologies to deliver audio-only telemedicine in compliance with the Health Insurance Portability...more

Healthcare Regulatory Check-Up Newsletter | May 2023 Recap

McDermott Will & Schulte on 6/23/2023

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for May 2023. We discuss several criminal and civil enforcement actions that involve violations of the False Claims Act (FCA)...more

Trending in Telehealth: May 23 – 30, 2023

McDermott Will & Schulte on 6/2/2023

Trending in Telehealth is a series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies,...more

DEA Reverses Course and Extends Telehealth Prescriptions of Controlled Substances

Dickinson Wright on 5/22/2023

Reversing previously proposed rules, the DEA recently issued new guidance allowing the continued use of telehealth when prescribing controlled substances following the end of the Covid-19 public health emergency (“PHE”)....more

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