Lexology November 19, 2024
McDermott Will & Emery

The Consolidated Appropriations Act (CAA), 2023 (Public Law 117-328), signed into law on December 29, 2022, extended certain key telehealth flexibilities instituted during the COVID-19 public health emergency (PHE) through December 31, 2024. These included the Medicare telehealth flexibilities, the telehealth safe harbor for health savings account (HSA)-eligible high deductible health plans (HDHPs), and the Acute Hospital Care at Home (AHCAH) Initiative. Without congressional action, these waivers and flexibilities will end on December 31, 2024.

Though the US Drug Enforcement Administration (DEA) issued a third temporary extension of its policy around the prescription of certain controlled substances through telemedicine, until December 31, 2025, further action from DEA is needed around a permanent policy. This update provides information on these policies,...

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