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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

Invisible Algorithms: The Hidden Role of Artificial Intelligence in USCIS Immigration Processing

February 10, 2026The Department of Homeland Security has confirmed that artificial intelligence and machine learning tools are now integrated into numerous operational functions within U.S. Citizenship and Immigration Services (USCIS). These tools are described as mechanisms to improve efficiency, reduce backlogs, and assist officers in managing an unprecedented volume of applications. DHS emphasizes that human adjudicators retain decision-making authority and that AI systems do not independently grant or deny immigration benefits. Find out how AI affects the U.S. immigration process.Client Alert

OAAPN | Year In Review: 2026 Ohio Board of Nursing and Ohio Law Rules

February 9, 2026Find out key changes to Ohio law and the Ohio Board of Nursing rules that have directly impacted APRN practice over the past year, including Psychiatric Inpatient Documents, Intimate Examinations, Signature Authority, Duties Related to Fetal Death, Retail IV Therapy Clinics, Release from Permanent Restrictions, Disciplinary Action, Course on Drugs and Prescriptive Authority, Overdose Reversal Drugs, Office Based Opioid Treatment, Withdrawal Management for Substance Use Disorder, Safe Haven Program, and more.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.
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