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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.

HHSDEAtelemedicinetelehealth
Client Alert

USCIS Policy Change Impacting Work Authorization: Advisory for Employers and Human Resources

December 8, 2025USCIS has issued a policy memorandum pausing immigration benefit processing for individuals from 19 high-risk countries and requiring a re-review of certain previously approved cases. This change may affect work authorization, employment verification, and workforce stability. Employers and HR teams should review impacted employees and update compliance procedures.Client Alert

CMS Releases CY 2026 Medicare Physician Fee Schedule Final Rule with Key Payment and Telehealth Updates

December 4, 2025CMS issued the CY 2026 Medicare Physician Fee Schedule Final Rule on October 31, 2025, with changes effective January 1, 2026. The Final Rule includes increases to the conversion factor, a new efficiency adjustment, updates to practice expense methodology, permanent telehealth policy changes, revised payment for skin substitutes, expanded rules for Part B drugs and biologicals, enhanced policies for Rural Health Clinics and Federally Qualified Health Centers, and new care management and behavioral health services.Client Alert

Ohio Department of Medicaid Updates: Key Changes to Physician Reimbursement Rates in Early Parenthood

December 3, 2025The Ohio Department of Medicaid has proposed amending Ohio Administrative Code Rule related to covered Medicaid reimbursements for physicians. Beginning on January 1, 2026, they are proposing an increase to rates for prenatal care, childbirth, and infant care and provider visits.Client Alert

Name, Image, and Likeness Agreements in Healthcare

November 14, 2025For example, some healthcare providers have begun to utilize "Name, Image, and Likeness" agreements to promote the brand they have created through their healthcare practice.  We have seen the most healthcare NIL activity with longevity and wellness providers, as well as orthopedics.Client Alert

Compounding GLP-1 Drugs - Recent Updates

November 13, 2025Recent guidance from the Ohio Board of Pharmacy (“BOP”) indicates that providers should generally use the FDA approved GLP-1 drug, rather than a non-FDA approved compounded version of the medication. Importantly, if a GLP-1 drug is commercially available, it cannot be copied through compounding. Currently, compounded copies of Tirzepatide and Semaglutide are not permitted.
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