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Tele-Prescribing Flexibilities Extended Again in Second Temporary Rule

Healthcare Law Blog

As described in a previous update , the DEA proposed a rule in March 2023 to extend some flexibilities while making permanent certain scenarios in which a practitioner could prescribe controlled substances without a prior in-person evaluation. Sheppard Mullin will continue to monitor developments and provide updates as they arise.

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Medicare Physician Fee Schedule for 2023: What Providers Need to Know

Hall Render

Medicare payment policy changes established under the CMS CY 2023 Medicare Physician Fee Schedule (“MPFS”) Final Rule , issued on November 1, 2022, become effective January 1, 2023. Below is a high-level summary of significant changes established for 2023. Telehealth Services. Evaluation and Management (E/M) Visits.

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DEA & SAMHSA Issue Temporary Rule Extending COVID-19 Telemedicine Flexibilities for Controlled Substances Prescribing Beyond the Termination of COVID-19 PHE

Hall Render

Notably, the Temporary Rule, which can be accessed here , extends the COVID-19 PHE telemedicine flexibilities (hereinafter, “telemedicine flexibilities”) for six months following the end of the PHE (through November 11, 2023). Hall Render blog posts and articles are intended for informational purposes only.

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Key Healthcare Provisions of the Consolidated Appropriations Act, 2023

Healthcare Law Blog

On December 29, 2022 , President Biden signed the Consolidated Appropriations Act, 2023 (the “Act”). In addition to funding, the Act modifies certain telehealth provisions, expands and extends components of the Medicare and Medicaid programs, and supports initiatives within the behavioral health and substance use treatment spaces.

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The Wait is Over. Or Is It? DEA’s Proposed Rules Around Telemedicine Prescribing: Initial Impressions and Key Takeaways

Health Law Advisor

Both the proposed rules related to telemedicine prescribing of Schedule III-V non-narcotic controlled substances, and the separate proposed rules related to telemedicine prescribing of buprenorphine, were published in the Federal Register on March 1, 2023. 21 U.S.C. § 802(17).

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Five Opportunities to Use the Law to Address Persistent OUD Treatment Gaps 

Bill of Health

These and other impediments are remnants of the “war on drugs” and are both the product of and the nourishment for moral defect judgments that perpetuate stigma against people with OUD. Code § 1701 et seq.

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Proposed Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

Hall Render

On December 2, 2022, the Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) released a proposed rule modifying the Confidentiality of Substance Use Disorder Patient Records regulations at 42 CFR Part 2 (“Part 2”). Your primary Hall Render contact.

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