HHS Prescriptions via Telemedicine

Updated on: Jan 22, 2025

Latest Event


  • Jan. 2025 HHS Final Rule
  • On Jan. 17, 2025, HHS published final rule in federal register, effective Feb. 18, 2025.

On May 10, HHS issued temporary rule on telemedicine prescriptions.

  • HHS issued a temporary rule to extend certain exceptions granted to existing Drug Enforcement Agency (DEA) regulations due to Covid Public health emergency (PHE).
  • DEA was granted exemptions that allowed prescribing of medication via telemedicine.
  • Proposal aims to ensure a smooth transition for patients and practitioners that have come to rely on the availability of telemedicine for controlled medication prescriptions.
  • Temporary rule in place until implementation of a final set of telemedicine regulations.
  • Telemedicine Flexibilities
  • Due to Covid PHE DEA was granted temporary exceptions to the Ryan Haight Act (PL 110-425) to allow prescribing of controlled medications via telemedicine encounters.
  • Even if the prescribing practitioner had not conducted an in-person medical evaluation.
  • Telemedicine flexibilities authorized practitioners to prescribe schedule II–V controlled medications via audio-video telemedicine encounters, including narcotic medications.
  • In Mar. 2023, DEA and HHS proposed rules to make permanent some of telemedicine flexibilities established during Covid and establish effective controls against diversion.
  • After reviewing proposal comments issued this temporary rule to extend flexibilities.
  • Full set of telemedicine flexibilities regarding prescription of controlled medications as were in place during the COVID–19 PHE will remain in place through Nov. 11, 2023.
  • For any practitioner-patient telemedicine relationships established on/before Nov. 11, 2023, the flexibilities will continue via a one-year grace period through Nov. 11, 2024.
  • Effectiveness
  • Telemedicine prescription provisions effective May 11, 2023, through Nov. 11, 2023.
  • Oct. 2023 HHS Covid Telemedicine Exception Extended
  • On Oct. 10, 2023, HHS extended Covid-19 telemedicine exception to Dec. 31, 2024.
  • Nov. 2024 HHS Covid Telemedicine Exception Extended
  • On Nov. 19, 2024, HHS extended exception, effective Jan. 1, 2025, to Dec. 31, 2025.
  • Jan. 2025 HHS Final Rule
  • On Jan. 17, 2025, HHS published final rule in federal register, effective Feb. 18, 2025.
Regulators
HHS
Entity Types
Ins
Reference
90 FR 6523, 1/17/2025; 89 FR 91253, 11/19/2024; 88 FR 69879, 10/10/2023; 88 FR 30037, 5/10/2023, Docket: DEA-407; RIN: 1117-AB40, 1117-AB78; COVID-19; Citation: PL 110-425;
Functions
Claims/Accelerated Benefits; Compliance; Legal; Operations; Product Administration
Countries
United States of America
Category
State
N/A
Products
Insurance; Insurance-Health
Rule Type
Final
Regions
Am
Rule Date
May 10, 2023
Effective Date
Feb 18, 2025
Rule ID
172308
Linked to
N/A
Reg. Last Update
Jan 17, 2025
Report Section
US Insurance