DEA Further Extends Flexibilities for Controlled-Substance Prescribing via Telemedicine

By Amanda Enyeart, Marshall E. Jackson, Jr., Lisa Schmitz Mazur, Dale C. Van Demark, Patrick Zanayed, Purnima Boominathan, Grayson I. Dimick, Jayda Greco and Rachel Stauffer on October 25, 2023

Posted In Employee Benefits, Health and Welfare Plans

The US Drug Enforcement Administration and the Substance Abuse and Mental Health Services Administration have further extended flexibilities that allow providers to prescribe controlled substances via telemedicine without first performing an in-person visit. The flexibilities were initially provided during the COVID-19 public health emergency. The extension runs through December 31, 2024.

Amanda Enyeart
Focused on compliance, transactions and sector-specific counseling, Amanda Enyeart works with her clients to deploy digital health technology in compliance with a wide range of health law regulations. She is particularly concentrated on telehealth, fraud and abuse, information technology, data strategies and digital health matters. She provides counsel on all aspects of telehealth and other healthcare delivery modalities, advising on the complex patchwork of state-by-state regulatory issues, including practitioner licensure, Medicare and Medicaid reimbursement, compliance with the federal Stark Law and Anti-Kickback Statute, and state fraud and abuse laws.Read Amanda Enyeart's full bio.

Marshall E. Jackson, Jr.
Marshall E. Jackson, Jr. focuses his practice on transactional and regulatory counseling for clients in the health care industry, as well as advises clients on the legal, regulatory and compliance aspects of digital health. Marshall provides counseling and advice to hospitals and health systems, private equity firms and their portfolio companies, post/sub-acute providers, physician practices, and other public and private health care companies in a variety of complex transactions and health regulatory compliance matters. Read Marshall Jackson's full bio.

Lisa Schmitz Mazur
Lisa Schmitz Mazur advises health care providers and technology companies on a variety of legal, regulatory and compliance matters with a particular focus on digital health topics, including telehealth, telemedicine, mobile health and consumer wellness. Lisa advises a variety of health care providers and technology companies involved in “digital health,” including assisting clients in developing and implementing telemedicine programs by advising on issues related to professional licensure, scope of practice, informed consent, prescribing and reimbursement. Lisa helps clients identify and understand the relevant legal issues, and develop and implement practical, forward-thinking solutions and strategies that meet the complex and still-evolving digital health regulatory landscape. Read Lisa Schmitz Mazur's full bio.

Dale C. Van Demark
With his robust experience in health system affiliations, joint venture transactions, cross-industry collaborations and the development of new healthcare delivery models, Dale C. Van Demark works at the forefront of strategic transactions and digital health matters in the health, life sciences and technology industries. As a sought-after legal, strategic and policy advisor, he’s well-informed on integrating information technology into healthcare and has worked with clients in the realms of delivery of care, life sciences research and development, and artificial intelligence. Dale C. Van Demark serves as a co-chair of the Firm's Digital Health practice. Read Dale Van Demark's full bio.

Patrick Zanayed
Patrick Zanayed represents private equity funds, telehealth start-ups, strategic investors, ambulatory surgery centers, behavioral health facilities and physician practices in a variety of transactional and regulatory matters. Read Patrick Zanayed's full bio.

Purnima Boominathan
Purnima Boominathan delivers full-spectrum legal counsel to venture-backed and public companies providing business-to-business services in the digital health space. She has particular expertise facilitating the creation, delivery and implementation of telemedicine. Purnima advises innovators working at the intersection of artificial intelligence and healthcare and offers practical insights into healthcare data privacy and legal issues related to at-home laboratory services. Read Purnima Boominathan's full bio.

Grayson I. Dimick
Grayson I. Dimick focuses her practice on regulatory and transactional matters affecting a wide range of clients across the health care industry. Grayson advises clients on a variety of issues, including the regulatory and compliance aspects of digital health. She also conducts due diligence on health care transactions. Read Grayson Dimick's full bio.

Jayda Greco
Jayda Greco works at the intersection of healthcare regulatory, privacy and compliance, product counseling and marketing law, with particular emphasis on digital health products and services. Often working cross-functionally with stakeholders in sales, finance, marketing and product, Jayda is adept at devising creative and practical legal solutions for digital health initiatives to meet business objectives. Read Jayda Greco's full bio.

Rachel Stauffer
Rachel is a highly experienced government relations and legislative affairs strategist and advocate who is informed by a solid foundation of health policy knowledge. Prior to joining McDermottPlus, Rachel served as the director of policy and government relations for a health IT contractor, where she developed the company’s first strategic plan for government relations. She grew the company’s profile on Capitol Hill by establishing new relationships with key leaders in the federal, state and military health program space. As a result, the company became an authoritative source on a variety of legislative approaches, especially related to veterans’ health. Read Rachel Stauffer's full bio.

DEA Further Extends Flexibilities for Controlled-Substance Prescribing via Telemedicine

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