Thomas Ferrante Examines Uncertainty in Telehealth Extensions and DEA Prescribing Rules

Foley & Lardner LLP partner Thomas (T.J.) Ferrante assessed the telehealth policy landscape in the Report on Medicare Compliance article, “Telehealth Flexibilities Are Back Through January; It’s ‘Hard to Plan.’”

“The good news is the shutdown is over,” Ferrante explained, cautioning that this recent extension only goes until January 30, 2026.

“The ephemeral nature of telehealth extensions is wearing thin,” he continued, emphasizing that providers need a permanent fix and noting that “there’s a lot of data and clinical evidence it should be extended permanently, and it’s bipartisan.” The continual legislative delays make it “hard to plan” for both providers and telehealth platforms, he added.

Ferrante also addressed the prospect of another one-year extension of telehealth prescribing of controlled substances, noting that the Office of Management and Budget received the proposed rule from the Drug Enforcement Administration on November 12 “so we will expect it come out shortly, theoretically.”