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DEA and HHS Issue its Third Extension of Telemedicine Flexibilities through 2025

Client Alert
December 2, 2024

The Drug Enforcement Administration (DEA) together with the U.S. Department of Health and Human Services (HHS) has extended telemedicine flexibilities for the prescribing of controlled medication through December 31, 2025.

Prior to telemedicine flexibilities, the Ryan Haight Act required that a prescribing provider could only prescribe controlled medications to patients whom they had evaluated in-person. The DEA made temporary exceptions to this Act in 2020 in response to COVID-19, granting prescribing providers the authority to prescribe Schedule II-V controlled medications from a telemedicine evaluation alone. However, these prescriptions still had to comply with the requirements outlined in the DEA guidance documents, DEA regulations, and applicable Federal and State laws.

The DEA received more than 38,000 comments in response to its set of proposed telemedicine rules in March 2023 and held two days of listening sessions as a result. This feedback prompted the DEA and HHS to ultimately extend the current telemedicine flexibilities through the end of 2024. While the two agencies continue working to issue a final set of telemedicine regulations, they decided to extend telemedicine flexibilities for a third time through December 31, 2025.

This extension benefits both patients and providers by ensuring expanded patient access to these prescriptions and allowing sufficient time for providers to become compliant with any new standards that may eventually appear in the final set of regulations.

If you have questions about the DEA and HHS’s decision to issue a third extension of telemedicine flexibilities, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Kate Crawford at khcrawford@bmdllc.com.

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Client Alert

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.Client Alert

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

January 26, 2026The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.Client Alert

Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

January 23, 2026Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.Client Alert

Understanding the Seven Core Elements of an Effective Healthcare Compliance Program

January 22, 2026The Affordable Care Act requires healthcare providers participating in Medicare, Medicaid, and CHIP to maintain an effective compliance program. Guidance from the Department of Health and Human Services and the Office of Inspector General outlines seven core elements that form the foundation of these programs, from written policies and compliance oversight to auditing, training, and corrective action. This alert highlights each element and explains how practices can tailor compliance programs to their size and risk profile while meeting federal expectations.Client Alert

Preventing a Board Investigation

January 21, 2026Healthcare professionals in Ohio are subject to licensing board investigations that can lead to disciplinary action. Staying compliant with regulations, documenting carefully, and operating within your professional scope can help prevent issues. If contacted by a board, working with an attorney is critical to protect your license and rights.
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