News & Analysis as of

Health Care Providers Prescribing Authority

Bradley Arant Boult Cummings LLP

DEA Issues Proposed Rule for Prescribing of Controlled Substances via Telemedicine

On March 1, 2023, the Drug Enforcement Administration (DEA) released the proposed rule, “Telemedicine Prescribing of Controlled Substances When the Practitioner and the Patient Have Not Had a Prior In-Person Medical...more

Epstein Becker & Green

Will the Supreme Court’s Latest Decision on Mens Rea Leave Medical Professional Prosecutions Ruan-ing on Empty?

Epstein Becker & Green on

In a brush-back pitch to DOJ opioid initiatives, the U.S. Supreme Court this past June issued an important decision clarifying the mental state the government must establish to convict a licensed medical professional of...more

Oberheiden P.C.

U.S. Supreme Court Overturns Doctors’ Opioid Convictions in Ruan v. United States, Paving the Way for Additional Appeals

Oberheiden P.C. on

On June 27, 2022, the U.S. Supreme Court issued an important decision for doctors who have been convicted of violating the federal Controlled Substances Act in connection with the nation’s opioid crisis. In Ruan v. United...more

Quarles & Brady LLP

High Court Rules “State of Mind” Relevant in Prosecuting Prescribers under the Controlled Substance Act

Quarles & Brady LLP on

Last week the Supreme Court ("the Court") released a decision holding that the Federal Controlled Substance Act (the "Act") provision that criminalizes the dispensing of a controlled substance “except as authorized” includes...more

Polsinelli

Changes Coming For Prescribers To The Texas Prescription Drug Monitoring Program

Polsinelli on

In response to the opioid epidemic, many states, including Texas, created prescription drug monitoring programs to monitor high-risk patients and provider behaviors. The Texas Prescription Drug Monitoring Program (“PMP”) is...more

McAfee & Taft

New year brings new electronic prescribing law

McAfee & Taft on

Last year, the Oklahoma legislature joined a growing number of states in taking direct aim at the opioid crisis by enacting legislation designed to combat the forgery of paper prescriptions. More than a year and a half after...more

McAfee & Taft

New year brings new electronic prescribing law - Gavel to Gavel

McAfee & Taft on

In May of 2018, the Oklahoma Legislature enacted House Bill 2931 as part of an ongoing effort to combat the opioid crisis. HB 2931 is expected to help lessen the opioid crisis by combating forgery of paper prescriptions. ...more

K&L Gates LLP

CMS Proposes Rules to Implement SUPPORT Act Coverage and Reimbursement of Opioid Treatment

K&L Gates LLP on

Recently, the Centers for Medicare & Medicaid Services (“CMS”) published its annual proposed rule outlining potential changes to the Medicare Physician Fee Schedule (“PFS”) for upcoming Calendar Year (“CY”) 2020 (“Proposed...more

Baker Donelson

Most Restrictive Medicare Enrollment Rules Proposed for Opioid Treatment Programs

Baker Donelson on

Grounded in the bipartisan Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act designed to "alleviate the nationwide opioid crisis," CMS's proposed...more

McAfee & Taft

Opioid prescribing requirements to change in Oklahoma on November 1

McAfee & Taft on

This spring, Oklahoma joined several states in the nationwide movement to restrict opioid prescriptions. Generally, Senate Bill 1446 places limits on the number of opioid pills that practitioners can prescribe and puts in...more

Nossaman LLP

Avoiding Medical Board Discipline when Prescribing Opiates

Nossaman LLP on

There is a host of new, ever changing, and conflicting guidelines from a multitude of regulators and academic societies. This evolving and uncertain landscape is making the life of a practicing pain physician in the midst of...more

Baker Donelson

Expanded Telehealth Coverage in New Opioids Legislation

Baker Donelson on

On October 3, 2018, the Senate voted 98-1 to pass a compromise opioids response package that includes key provisions to expand telehealth coverage and reimbursement. The House had previously passed the opioids agreement...more

Baker Donelson

Hard Lessons Learned from a Multi-State Medical License Holder

Baker Donelson on

Holding a medical license in several states can lead to some unforeseen and unfortunate consequences. Even a conscientious practitioner can inadvertently run afoul of a state's practice act or regulations, which differ from...more

Sheppard Mullin Richter & Hampton LLP

The VA MISSION Act: Enhancing Healthcare for Veterans

On Wednesday, June 6, 2018, President Trump signed into law the “John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Networks Act” a.k.a. the VA MISSION Act...more

Akerman LLP - Health Law Rx

Class III Hospital Permits – Efficient Drug Management May Become a Reality

At the close of the 2018 session, the Florida Legislature passed Senate Bill (SB) 675, which if allowed to become law by the Governor, will help hospitals and their facilities that are under common control manage their...more

Troutman Pepper

NJ Prescribers Now Subject to New Limits on Payments From Pharma Manufacturers

Troutman Pepper on

A recently finalized New Jersey rule imposes new limits on prescriber acceptance of gifts and compensation from pharmaceutical manufacturers and their agents, and will likely have a significant impact on many prescriber...more

Hogan Lovells

New Jersey Issues Rules to Chill Drug Manufacturer Payments to Prescribers

Hogan Lovells on

The New Jersey Attorney General plans to finalize new limits on payments and other benefits that New Jersey licensed prescribers may accept from pharmaceutical manufacturers, although the expected final rule is less...more

Foley & Lardner LLP

20 FAQs for Telemedicine Providers in Ohio

Foley & Lardner LLP on

The Ohio Medical Board just published new FAQs and guidance on practicing via telemedicine, addressed to Ohio physicians and physician assistants. The FAQs follow the Ohio rules for telemedicine prescribing of drugs and...more

Fox Rothschild LLP

Proposed New Jersey Regulation Would Restrict Pharma Gifts To Prescribers

Fox Rothschild LLP on

Gov. Christie’s Administration recently proposed a regulation to curtail the prescription of unnecessary opioid painkillers. Christie, who serves as the Chairman of President Trump’s Commission on Combating Drug Addiction...more

Chambliss, Bahner & Stophel, P.C.

Beware of TennCare Reimbursement and Prescribing Issues - TennCare Completes Implementation of the ACA's Medicaid Registration...

Due to recent TennCare changes, health care providers not registered with TennCare should consider registering to avoid issues in prescribing for TennCare patients and to preserve TennCare revenue. ...more

Foley & Lardner LLP

New Jersey’s Telemedicine Law: What Providers Need to Know

Foley & Lardner LLP on

New Jersey has a new telemedicine law, recently signed by Governor Chris Christie. The law cements the validity of telehealth services in the Garden State, establishes telemedicine practice standards, and imposes telehealth...more

Foley & Lardner LLP

DOJ and OIG Focus on Opioid Abuse: Medical Professionals Who Overprescribe May Be Targets

Foley & Lardner LLP on

Two recent announcements reflect that the U.S. Government is taking aggressive steps to address opioid abuse by identifying and targeting the involvement of medical professionals in facilitating opioid abuse involving Federal...more

Foley & Lardner LLP

Prescribing Controlled Substances Without an In-Person Exam: The Practice of Telemedicine Under the Ryan Haight Act

Foley & Lardner LLP on

Editor’s Note: This article is the second in a series addressing telemedicine prescribing and controlled substances, designed to give some much needed practical guidance and orientation to established healthcare providers,...more

Foley & Lardner LLP

Telemedicine Prescribing and Controlled Substances Laws

Foley & Lardner LLP on

Editor’s Note: This article is the first of a series addressing telemedicine prescribing and controlled substances, designed to give some much needed practical guidance and orientation to established health care providers,...more

Mintz - Health Care Viewpoints

FTC Again Urges Consideration of Competitive Impact on State Regulation of APRNs

The Federal Trade Commission (FTC) submitted written comments last week on the likely competitive impact of a legislative proposal in West Virginia to modify the supervision requirements imposed on Advanced Practice...more

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