Articles and Blogs

This past week, the Drug Enforcement Administration (“DEA”) and the U.S. Department of Health and Human Services (“HHS,” and together with the DEA, the “Agencies”) announced the release of three highly anticipated rules related to the prescription of controlled substances through telemedicine. These new rules include: A final rule on the “Expansion of Buprenorphine Treatment... READ MORE

This Week (September 15, 2023): Drug Enforcement Administration (“DEA”) officials have been holding pre-regulatory listening sessions with stakeholders to discuss a new special provider registration requirement for practitioners who are prescribing controlled substances through telehealth without first establishing a provider-patient relationship. Why it Matters: The special registration is mandated by the Ryan Haight Act,... READ MORE

On January 3, 2023, the U.S. Food and Drug Administration (“FDA”) released an updated Mifepristone Risk Evaluation and Mitigation Strategy (the “Mifepristone REMS Program”), which reverses the requirement that the drug be dispensed directly to a patient by certified prescriber in a clinic or a medical office (the “in-person dispensing requirement”). The updated Mifepristone... READ MORE

Medicare payment policy changes established under the CMS CY 2023 Medicare Physician Fee Schedule (“MPFS”) Final Rule, issued on November 1, 2022, become effective January 1, 2023. Below is a high-level summary of significant changes established for 2023. Evaluation and Management (E/M) Visits Over the past several years, CMS engaged in efforts with the... READ MORE

Recently, the Department of Health and Human Services Office of Inspector General (“OIG”) issued Advisory Opinion No. 22-08 (the “Advisory Opinion”), approving a federally qualified health center’s (“FQHC’s”) provision of “locked” smartphones and chargers to existing patients in order to promote access to telehealth services (the “Arrangement”). Background The FQHC primarily serves low-income individuals,... READ MORE

This was another dynamic year for the health care industry and for health care real estate, which is demonstrating remarkable resiliency and innovative success in the face of unprecedented challenges. This article summarizes a number of key 2021 takeaways and trends that were discussed during our 2021 Health Care Real Estate Year in Review... READ MORE

On November 17, 2021, the Drug Enforcement Administration (“DEA”) issued an advanced notice of proposed rulemaking (“ANPR”) with the goal of obtaining further information regarding the practice of telepharmacy. The DEA is seeking input as it considers promulgating new telepharmacy regulatory requirements. Interested stakeholders have until January 18, 2022 at 11:59 PM EST to... READ MORE

CMS issued the CY 2022 Medicare Physician Fee Schedule Final Rule on November 2, 2021, to include some minor expansion of coverage for telehealth services. Importantly, the general statutory coverage restrictions related to rural areas and defined originating sites will again be in place following the end of the Public Health Emergency (“PHE”) unless... READ MORE

In a Report and Order released March 30, 2021, the Federal Communications Commission (“FCC”) announced its plan to move forward with the second round of funding (“Round 2”) of its COVID-19 Telehealth Program (“Program”). As noted in our prior article, this announcement comes after Congress appropriated additional funding and directed the FCC to seek... READ MORE

While the COVID-19 public health emergency (“PHE”) has driven significant change throughout health care, some of the more expansive changes relate specifically to the provision of care through telehealth technology (“Virtual Care”). Given the nature and extent of the PHE flexibilities, use of telehealth has skyrocketed. Medicare beneficiaries used telehealth for 43.5% of their... READ MORE