Articles and Blogs

On Tuesday, October 10, 2023, the Drug Enforcement Administration (“DEA”) and the Department of Health and Human Services (“HHS”) issued a second temporary rule (the “Second Temporary Rule”) extending the effective period for the COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications (“telemedicine flexibilities”). These telemedicine flexibilities were previously extended by an earlier temporary... READ MORE

On Tuesday May 9, 2023, the Drug Enforcement Administration (“DEA”), jointly with the Substance Abuse and Mental Health Services Administration (“SAMHSA”), announced that it will publish a rule to temporarily extend current telemedicine flexibilities for prescribing controlled substances beyond the termination of the Federal Public Health Emergency (“PHE”), which will occur on May 11,... READ MORE

On Friday, February 24, 2023, the Drug Enforcement Administration (“DEA”) proposed new regulations that would permanently allow for telemedicine-controlled substance prescriptions, including induction of medication assisted therapy (“MAT”) using buprenorphine. These long-awaited rules will be subject to an accelerated, 30-day notice and comment period that ends March 31, 2023 to allow for implementation prior... READ MORE

On September 2, 2022, the Office of the Inspector General (“OIG”) published a study assessing potential Medicare program integrity risks related to the proliferation of telehealth services during the first year of the COVID-19 pandemic. OIG identified 1,714 providers with billing practices deemed “high risk” to the Medicare program. These providers billed approximately 500,000... READ MORE

The COVID-19 state of emergency has spurred unprecedented change in the realm of telehealth. This trend continues – but despite the headlines, there is more work to do. I. CMS Telehealth Proposals CY 2021 PFS On August 3, 2020, CMS posted the proposed Physician Fee Schedule rule (“Proposed Rule”) for CY 2021. The Proposed... READ MORE

The OIG has issued updated guidance on the provision of a telemedicine platform by hospitals to physicians with an additional FAQ, which deviates slightly from OIG’s April 3, 2020 Policy Statement. In its original Policy Statement, which can be found here, OIG stated it would apply enforcement discretion to transactions that fully comply with... READ MORE

The lack of medical supplies and equipment necessary to treat patients and to protect individuals and health care workers from becoming infected with and spreading COVID-19 has been a constant refrain during this pandemic. The overall supply of these essential items, ranging from ventilators to personal protective equipment (“PPE”) to prevent the spread of... READ MORE

As part of its recent round of FAQs related to COVID-19, CMS clarified that distant site practitioners may furnish Medicare telehealth services from their homes.  However, these distant site providers, and the clinics/group practices to whom they reassign benefits, must update their Medicare enrollment with the provider’s home location. The FAQ reads: Can the... READ MORE

Until today, the United States Drug Enforcement Agency (the “DEA”) has prohibited telemedicine prescribing of controlled substances unless the provider had previously seen the patient in a traditional in‑person physical encounter, or under other various narrow circumstances. But today, the DEA invoked their emergency authority at 21 U.S.C. § 802(54)(D) to permit telemedicine prescribing... READ MORE

On July 10, 2019, the Federal Communications Commission (“FCC”) voted unanimously to move forward with its new $100 million telehealth initiative, which seeks to bring telehealth services to low-income Americans, veterans and medically underserved communities. In its Notice of Proposed Rulemaking, the FCC detailed its proposed telehealth initiative rules and anticipated program requirements. As currently... READ MORE