News & Analysis as of

Substance Abuse Public Health Emergency

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

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After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Foley & Lardner LLP

Opioid Treatment Programs: SAMHSA Makes Permanent Regulatory Flexibilities

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On February 1, 2024, the Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services, announced a final rule updating the regulations regarding Opioid Treatment Programs...more

Harris Beach PLLC

HHS Office of Inspector General Publishes August Work Plan Updates

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In its August 15, 2023, Enforcement listserv notice, the U. S. Department of Health and Human Services Office of Inspector General (“OIG”) published its Work Plan Updates for August. This article will highlight three of the...more

McDermott Will & Emery

Teleprescribing of Controlled Substances Temporarily Extended Beyond PHE – What’s Next?

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The US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are extending telehealth flexibilities that allow providers to prescribe controlled substances. While the...more

Foley & Lardner LLP

2023 Telemedicine & Digital Health Trends

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Medicare telehealth post-Public Health Emergency (PHE): With the COVID-19 PHE concluding on May 11, 2023, many of the telehealth flexibilities the Centers for Medicare & Medicaid Services (CMS) implemented during the PHE will...more

McDermott Will & Emery

Preparing for the End of the Covid-19 Emergency: Mental Health Parity Financial Requirements and Quantitative Treatment...

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The Biden administration has announced its intention to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our series introduction for more information). Among other...more

Stevens & Lee

The End of the Public Health Emergency: Updated Guidance

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On February 9, 2023, the U.S. Department of Health and Human Services (“HHS”) announced that the Public Health Emergency (“PHE”) arising from the COVID-19 pandemic, declared under Section 319 of the Public Health Service Act,...more

Manatt, Phelps & Phillips, LLP

DEA Releases Proposed Rules Regarding Telemedicine Prescribing of Controlled Substances

The Big Picture - On February 24, the Drug Enforcement Administration (DEA), in consultation with the Department of Health and Human Services (HHS), issued two proposed rules that address the prescribing of controlled...more

McDermott Will & Emery

Way Too Early Preview: What the Midterm Election Results Might Mean for Health Policy in 2023

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Although we are still awaiting final results of the November 8, 2022, midterm elections, the US House of Representatives appears likely to flip to Republican control, while the US Senate will remain in Democratic hands....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

Telemedicine Laws for Opioids and Substance Use Disorder Treatment

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Continued access to telehealth services, particularly as it relates to medication assisted treatment (MAT) for substance use disorder (SUD), enjoys strong support among patients and clinicians, yet laws continue to trail...more

Foley & Lardner LLP

Medicare Telehealth Services for 2023 – CMS Proposes Substantial Changes

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On July 7, 2022, the Centers for Medicare and Medicaid Services (CMS) released its proposed 2023 Medicare Physician Fee Schedule (PFS) rule. The rule, if enacted as proposed, will: Create three new permanent telehealth...more

Mintz - Health Care Viewpoints

White House Issues Telehealth Guidance on Substance Use Disorder Services

On June 22, 2022, the White House Office of National Drug Control Policy (ONDCP) issued guidance advocating for Congress and federal agencies to make permanent certain telehealth access measures for people struggling with...more

Holland & Knight LLP

Holland & Knight Health Dose: May 10, 2022

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Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector. ...more

Foley & Lardner LLP

Behavioral Health Trends for 2022

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Over the last two years, behavioral health (BH) has been one of the biggest growth areas in the health care ecosystem, fueled by the Public Health Emergency (PHE) but in many ways an ignored, overlooked, understaffed, and...more

King & Spalding

Omnibus Spending Bill Passed by Congress Includes Healthcare Provisions

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On March 10, 2022, the Senate passed a $1.5 trillion omnibus appropriations bill (the Omnibus Bill) to fund the federal government for fiscal year 2022 (FY 2022) that contained significant healthcare-related provisions...more

Foley & Lardner LLP

Medicare Telehealth and Substance Use Disorder Treatment FAQs: New CMS Reimbursement Requirements

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In the 12-month period starting in April 2021, over 100,000 people have died from drug overdoses, a 28.5% increase from the same period the year before. While the opioid crisis has been a declared public health emergency...more

Foley & Lardner LLP

Medicare Telehealth Mental Health FAQs: CMS and the New In-Person Exam Requirement

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The Centers for Medicare & Medicaid Services (CMS) has finalized its rule on in-person exam requirements for Medicare coverage of telehealth-based mental health services when the patient is located at home. The Frequently...more

White and Williams LLP

Are Telehealth Laws Here to Stay? A Survey of Legislation in NJ, DE, NY, PA and MA

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As COVID-19 vaccines continue to roll out across the county, there is uncertainty as to whether certain telehealth laws that significantly impacted healthcare providers, payors and patients during the public health emergency...more

Buchalter

HHS Proposed HIPAA Changes: 7 Things to Know

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On December 10, 2020, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to...more

Foley & Lardner LLP

Telehealth and Substance Use Disorder Treatment: Regulatory Barriers to Entry Can Mean Opportunity for Innovative Companies

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...As COVID-19 cases spread across the U.S., another public health issue continues to escalate: the rise of opioid-related overdose deaths. For patients with a substance use disorder (SUD), the pandemic has increased feelings...more

Rivkin Radler LLP

CARES Act Changes Privacy Rules for Substance Use Disorder Records

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The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, made some substantial changes to the confidentiality rules for substance abuse and mental health records to bring them in line...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter – Special Edition: Mental Well-Being Resources for Lawyers During COVID-19

While skilled in handling high-pressure situations, attorneys are now being pushed like never before. Unforeseen and unforeseeable client needs arise each day, requiring immediate attention. Meanwhile, many lawyers have taken...more

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