News & Analysis as of

Ryan Haight Act

Mintz - Health Care Viewpoints

Telehealth Update: DEA Extends Flexibility in Prescribing Controlled Substances via Telehealth Through 2024

On October 10, 2023, the Drug Enforcement Administration (DEA) published another temporary rule extending the COVID-era telemedicine flexibilities that allow physicians and other prescribers to prescribe controlled substances...more

Bradley Arant Boult Cummings LLP

Does the End Justify the Means? Privacy Advocates React to the Cooper Davis Act

This summer, a proposed amendment to the Controlled Substances Act known as the Cooper Davis Act (the “Act”) is making its way through congressional approvals and causing growing dissension between and among parents, consumer...more

Sheppard Mullin Richter & Hampton LLP

DEA and SAMHSA Extend Tele-Prescribing Flexibilities

This week, the Drug Enforcement Administration (“DEA”), in conjunction with the Substance Abuse and Mental Health Services Administration (“SAMHSA”), issued a temporary rule extending the telemedicine waivers of the Ryan...more

Foley & Lardner LLP

DEA Extends Telemedicine Flexibilities for Prescribing of Controlled Medications

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On May 10, 2023, the Drug Enforcement Agency (DEA) released a new regulation – “Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications” – temporarily extending the “full set” of...more

Husch Blackwell LLP

Two Weeks’ Notice for the Public Health Emergency: What’s Next for Telehealth

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The Department of Health and Human Services (HHS) has announced its plan to end the Federal Public Health Emergency (PHE) for COVID-19 on May 11, 2023. Due to the COVID-19 pandemic, emergency declarations, legislation, and...more

Fox Rothschild LLP

Telehealth Practitioners Must Be Aware of the DEA’s Proposed New Rules for Prescribing Controlled Substances via Telemedicine

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Telehealth practitioners must take note of the DEA’s proposed rule making that would impact the way telehealth practitioners can prescribe controlled substances. The Ryan Haight Act and the Proposed Rules-...more

Goodwin

DEA Proposes Rules to Allow Prescribing Controlled Substances via Telemedicine, Subject to Significant Limitations

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Less than one month after the Biden administration’s announcement on January 20, 2023, declaring the end of the public health emergency (PHE) on May 11, 2023, the US Drug Enforcement Administration (DEA) has announced...more

Holland & Hart LLP

Public Health Emergency Ends May 11, 2023: Check Your Readiness

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After three years, the federal public health emergency (PHE) will expire May 11, 2023. Most of the relaxed regulatory and payor standards will end on or within a few months after the deadline, including many relating to: ...more

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

Sheppard Mullin Richter & Hampton LLP

DEA Proposes Rule for Post-PHE Telemedicine

On February 24, 2023, the Drug Enforcement Agency (“DEA”) announced a new proposed rule, which provides some much-anticipated guidance related to the implications of telemedicine prescribing under Ryan Haight Act of 2008...more

Robinson+Cole Health Law Diagnosis

As COVID-19 Emergency Waivers End, DEA Proposes to Expand Tele-Prescribing of Controlled Substances

On February 24, 2023, the federal Drug Enforcement Administration (DEA) issued a pair of proposed rules to make permanent certain “telemedicine flexibilities” related to the prescribing of controlled substances via telehealth...more

Foley & Lardner LLP

DEA’s Proposed Rules on Telemedicine Controlled Substances Prescribing after the PHE Ends

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On February 24, 2023, the Drug Enforcement Agency announced proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency expires. The proposed rules are open for public...more

Foley & Lardner LLP

Public Health Emergency Ends May 11: What Telehealth Companies Need to Know

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On January 30, 2023, the Biden Administration announced its intent to end the COVID-19 public health emergency (PHE) on May 11, 2023. The PHE has been in place for over three years during which time many telehealth and...more

Mintz - Health Care Viewpoints

Telehealth Update: PHE Extended Through April 2023, But Some Key Telehealth Flexibilities Will Stick Around Longer

The COVID-19 Public Health Emergency (PHE), which was originally declared nearly three years ago, has been renewed through April 2023. As we’ve previously covered, the PHE allowed federal and state regulators to relax certain...more

Foley & Lardner LLP

2023 Forecast for Digital Health Startups and Telemedicine Law

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With 2022 closed, there is growing anticipation (trepidation?) about what is in store for digital health in the new year. Will venture funding trickle or will 2023 see more liquidity in the markets? What legal and policy...more

Foley & Lardner LLP

American Hospital Association Urges DEA to Issue Special Registration for Telemedicine Controlled Substances

Foley & Lardner LLP on

The American Hospital Association (AHA), on behalf of its nearly 5,000 member hospitals and health systems, sent a letter urging the Drug Enforcement Agency (DEA) to take immediate action to allow telemedicine prescribing of...more

Sheppard Mullin Richter & Hampton LLP

Recent Developments in Telehealth Enforcement

The COVID-19 Public Health Emergency (“PHE”) led to a rapid expansion in the utilization of telehealth. Now, almost three years later, governmental entities have focused their attention on telehealth services and the...more

Foley & Lardner LLP

Expanded Medicare Telehealth Coverage for Opioid Use Disorder Treatment Services Furnished by Opioid Treatment Programs

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Starting January 1, 2023, Medicare will cover telehealth-based treatment services delivered by federally-accredited opioid treatment programs (OTPs), commonly referred to as “methadone clinics.” This new reimbursement is...more

Foley & Lardner LLP

ATA Calls for Stakeholder Letter on Telemedicine Controlled Substances and Ryan Haight Act

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A coalition of health care associations has issued a call for stakeholders to sign onto a letter urging the Drug Enforcement Agency (DEA) to take immediate action allowing telemedicine prescribing of controlled substances...more

Husch Blackwell LLP

Telehealth’s Post-Pandemic Growth Trajectory

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DEA waivers regarding the Ryan Haight Act could play a major role in telehealth’s future. In the first decade of the 21st century, deaths attributable to overdoses of prescription drugs saw an alarming spike in volume,...more

Foley & Lardner LLP

New Florida Law Allows Telemedicine Prescribing of Controlled Substances

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Florida has taken another step towards expanding telemedicine. On April 6, 2022, Governor Ron DeSantis signed into law legislation to remove Florida’s prior restrictions on telemedicine prescribing of controlled substances....more

Foley & Lardner LLP

The Federal Telehealth Extension and Evaluation Act: What You Need to Know

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What is the Telehealth Extension and Evaluation Act? The Telehealth Extension and Evaluation Act would establish a two-year extension for certain COVID-19 emergency telehealth waivers. The legislation aims to extend the...more

Goodwin

Prescribing Controlled Substances Via Telemedicine Remains Reliant On Public Health Emergency Exception

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The U.S. Congress passed the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (“Ryan Haight Act”) because of “the increasing use of prescription controlled substances by adolescents and others for non-medical...more

Foley & Lardner LLP

New Massachusetts Telehealth Law Signed: Top 3 Changes

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Massachusetts has a new telehealth law on the books, signed into law by Governor Charlie Baker as part of a comprehensive healthcare bill. The telehealth provisions constitute only a portion of the 70-page legislation, but...more

Foley & Lardner LLP

Telehealth and Substance Use Disorder Treatment: State Law Issues

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...Our prior article discussed federal law barriers to entry for the use of telehealth in substance use disorder (SUD), and specifically, opioid use disorder (OUD) treatment, and highlighted notable opportunities to use...more

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