DEA and HHS Further Extend Telemedicine Rules for Prescribing Controlled Substances

The U.S. Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have issued a fourth temporary extension[1] (the “Fourth Temporary Extension”) of rules that allow providers to prescribe controlled substances via telemedicine without an initial in-person exam through December 31, 2026. These rules, first introduced during the COVID-19 public health emergency,…

The Eliminating Kickbacks in Recovery Act – Enforcement Trends & Effects on Employment Arrangements

The Eliminating Kickbacks in Recovery Act (“EKRA”) was enacted in 2018 in an effort to address fraud occurring in substance use disorder (“SUD”) treatment.  EKRA prohibits paying, receiving, or soliciting remuneration in return for patient referrals to laboratories, recovery homes, and clinical treatment facilities.[1]  Under EKRA, clinical treatment facilities are defined broadly to include, “a…