Mid-Atlantic Health Law TOPICS
Did You Know? Summer 2026
Schedule II-V Controlled Substances Telemedicine Extension: Did you know that on December 31, 2025, the Drug Enforcement Administration (DEA) and Department of Health and Human Services (HHS) issued a fourth extension of telemedicine flexibilities for the prescribing of controlled substances? Specifically, DEA-registered practitioners may continue to prescribe schedule II-V controlled substances via telemedicine to a patient without having to conduct an in-person medical evaluation through December 31, 2026.
Schedule III-V Controlled Substances Telemedicine Final Rule: Did you know that on December 31, 2025, a final rule expanding the circumstances for practitioners to prescribe schedule III-V controlled substances to treat opioid use disorder via a telemedicine encounter, including an audio-only telemedicine encounter, became final? Now, after a practitioner reviews the patient’s prescription drug monitoring program data for the state in which the patient is located during the telemedicine encounter, the practitioner may prescribe an initial six-month supply of such medications, instead of the previous 30-day limitation, through audio-only means. DEA and HHS also removed the requirement that an in-person medical evaluation of some sort must be conducted to prescribe more than the initial supply of buprenorphine. Additional prescriptions can also be issued under other forms of telemedicine as authorized under the Controlled Substances Act (that is, emergency situations requiring telemedicine evaluation), or after an in-person medical evaluation is
conducted.
Medicare Telehealth: Did you know that on February 3, 2026, Congress passed legislation that preserves expanded Medicare reimbursement for telehealth through 2027? Therefore, at least until December 31, 2027, clinicians will continue to be reimbursed for providing services to Medicare beneficiaries using both audio-only communication platforms and interactive telecommunications platforms.
Kennedy M. Hagens
410-576-4146 • khagens@gfrlaw.com