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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

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HHS Accessibility Requirements for Medical Diagnostic Equipment: What Health Care Providers Need to Know

July 8, 2026Health care providers that receive federal financial assistance are now subject to updated HHS accessibility requirements for medical diagnostic equipment under Section 504 of the Rehabilitation Act. With the July 8, 2026, compliance deadline in effect, covered providers should ensure they have the required accessible equipment, train staff, and review operational practices to reduce compliance risk and provide accessible care for patients with disabilities.Client Alert

Florida Super Lawyers® Recognizes Brennan Manna Diamond Attorneys to the 2026 Lists

June 26, 2026BRENNAN, MANNA & DIAMOND is proud to announce that three of our attorneys have been designated to the 2026 Florida Super Lawyers® and Florida Rising Stars® lists. Super Lawyers is based on multiple categories of independent research and peer evaluation to identify outstanding lawyers.Client Alert

Supreme Court Clears Path for TPS Terminations: What Employers Need to Know

June 25, 2026The U.S. Supreme Court's June 25, 2026 decision in Mullin v. Doe and Trump v. Miot removed legal obstacles that had delayed the termination of Temporary Protected Status (TPS) for Haiti and Syria. The ruling also reinforces the administration's authority to terminate other TPS designations currently under review. Employers should immediately identify workers whose employment authorization is tied to affected TPS programs, review Form I-9 records, and prepare for forthcoming USCIS guidance before taking any employment action.Client Alert

The Risks of Outsourcing Medical Billing and the Importance of State-Law Compliance

June 24, 2026Offshoring medical billing and other administrative functions can reduce costs, but it also raises significant compliance, operational, and contractual risks. Although HIPAA does not explicitly prohibit protected health information from being accessed or stored outside the United States, healthcare providers and their vendors remain responsible for safeguarding patient information and complying with state-specific restrictions that may limit or prohibit offshore subcontracting.
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