Lexology January 8, 2026
The end of 2025 saw several notable developments for the telehealth industry with early 2026 poised to potentially challenge the industry with the impending expiration of the short-term extension of the Medicare telehealth flexibilities. Below we highlight activity from late 2025 and provide an outlook for 2026.
DEA/HHS Controlled Substances Prescribing Telehealth Flexibilities
As December drew to a close, telehealth providers were anxiously awaiting news regarding the COVID-19 era flexibilities for prescribing controlled substances via telehealth. The flexibilities, which have been extended three times and were set to expire on December 31, 2025, temporarily waive the in-person requirements for prescribing under the Controlled Substances Act. On December 30, 2025, the Drug Enforcement Agency (DEA) and the Department of Health and...
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