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Articles by Grayson Dimick
Health Law Daily Wrap Up , EXPERT INSIGHTS—Peptides First, Paperwork Later: HHS Clears Six For Compounding Ahead Of Bulks List Rulemaking , (Nov 4, 2026)
Articles Law Firms Organizations Law Firms Mentioned:McDermott Will & Schulte By Monica R. Chmielewski, Kyle Y. Faget, Patrick Zanayed, Emica Kim, Jae Hyun Lee, Grayson I. Dimick, Marshall E.
DEA appears close to finalizing telemedicine special registration
Overview The US Drug Enforcement Administration (DEA) submitted a final telemedicine special registration rule for review to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) on August 25, 2026.
CMS imposes Medicare DMEPOS moratorium (and Florida says, “Hold my beer”)
On February 27, 2026, the Centers for Medicare and Medicaid Services (CMS) announced a six-month nationwide enrollment moratorium prohibiting initial Medicare enrollment for seven types of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers – the first nationwide DMEPOS enrollment freeze in the program’s history (the moratorium).
Healthcare Regulatory Check-Up Newsletter | September 2025 Recap
Tony Maida’s articles from McDermott Will & Schulte are most popular: within Food, Drugs, Healthcare and Life Sciences topic(s) in United States McDermott Will & Schulte are most popular: within Food, Drugs, Healthcare, Life Sciences, Cannabis & Hemp and Privacy topic(s) This issue of McDermott Will & Schulte's Healthcare Regulatory Check-Up highlights regulatory activity for September 2025, including an update on the Centers for Medicare & Medicaid Services (CMS) Rural Health Transformation...
DEA Extends Telemedicine Flexibilities For Controlled Substance Prescribing For 2026
McDermott Will & Schulte are most popular: within Food, Drugs, Healthcare, Life Sciences, Cannabis & Hemp and Energy and Natural Resources topic(s) The US Drug Enforcement Administration (DEA) 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 (PHE) and were scheduled to expire on December 31, 2025.
Telehealth flexibilities set to expire January 30, with two-year extension proposed: What you need to know | JD Supra
US Congress has previously extended the Medicare fee-for-service telehealth flexibilities that were originally implemented in 2020 during the COVID-19 public health emergency multiple times. The latest extension is set to expire January 30, 2026, without further congressional action.
DEA extends telemedicine flexibilities for controlled substance prescribing for 2026 | JD Supra
The US Drug Enforcement Administration (DEA) 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 (PHE) and were scheduled to expire on December 31, 2025. The flexibilities are now extended through December 31, 2026.
DEA signals extension of telemedicine flexibilities for controlled substance prescribing for 2026 | JD Supra
A new rule posted on the Office of Management and Budget (OMB) registry suggests that the US Drug Enforcement Administration (DEA) is planning an additional extension of COVID-19-era flexibilities for telemedicine prescribing of controlled substances beyond the current expiration date of December 31, 2025. The new rule is entitled Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications and is not yet available for public review.
CMS launches $50 billion Rural Health Transformation Program | JD Supra
Public Law 119‑21 (also known as the One Big Beautiful Bill Act) created a $50 billion Rural Health Transformation (RHT) Program to strengthen healthcare across the rural United States. The $50 billion fund will be allocated to approved states, with 50% of the funding to be distributed equally across all states that have approved applications. The other 50% will be distributed by the Centers for Medicare & Medicaid Services (CMS) based on a variety of factors.
OIG continues focus on RPM services in new data-driven report | JD Supra
On August 25, 2025, the US Department of Health and Human Services Office of Inspector General (OIG) issued a report analyzing Medicare billing for remote patient monitoring (RPM) services. With nearly one million Medicare beneficiaries receiving RPM services in 2024, RPM services have been the focus of recent OIG alerts, reports, and workplan items.
CMS proposes RPM reimbursement updates, requests information on reimbursing for SaaS | JD Supra
Overview Over the past several years, the Centers for Medicare & Medicaid Services (CMS) has expanded payment for remote monitoring services in an effort to recognize and pay for non-face-to-face services that improve care management for Medicare beneficiaries.
CMS proposes RPM reimbursement updates, requests information on reimbursing for SaaS
Over the past several years, the Centers for Medicare & Medicaid Services (CMS) has expanded payment for remote monitoring services in an effort to recognize and pay for non-face-to-face services that improve care management for Medicare beneficiaries.
Action on New York consent to payment law unlikely before 2026 | JD Supra
NY Public Health Law (PHL) § 18-c, regarding consent for payment of certain medical services, was enacted as part of the 2025 New York State budget. As drafted, it requires patient consent to payment for treatment costs. The New York State Department of Health (NYSDOH) is not currently enforcing the statute, however, pending additional guidance.
Congress Extends Certain Telehealth Flexibilities Through March 31, 2025
KEY UPDATE At the close of 2024, US Congress passed a short-term extension of Medicare telehealth flexibilities as part of the American Relief Act, 2025 (ARA). The Medicare telehealth waivers, originally enacted as part of the COVID-19 public health emergency (PHE) and subsequently extended through legislation, were set to end on December 31, 2024. These flexibilities, along with the Acute Hospital Care at Home waiver program, are now set to expire March 31, 2025.
New York Executive Budget Proposes Patient Consent to Payment Law Updates | JD Supra
KEY UPDATE The recently released New York State Executive Budget for Fiscal Year 2026 contains proposed revisions to a recently enacted law impacting how healthcare providers obtain patients’ consent to payment. NY Public Health Law (PHL) § 18-c currently requires that patients provide consent for payment separate from consent to receive healthcare services. That consent to payment cannot be given before the provider discusses treatment costs with the patient and the patient receives services.
Healthcare Regulatory Check-Up Newsletter | December 2024 Recap | JD Supra
This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for December 2024. We discuss several civil and criminal enforcement actions pertaining to healthcare fraud and abuse authorities, including alleged violations under the False Claims Act (FCA), federal Anti-Kickback Statute (AKS), and Physician Self-Referral Law (Stark Law).
DEA Extends Telemedicine Flexibilities for Controlled Substance Prescribing Through December 31, 2025 | JD Supra
The US Drug Enforcement Administration (DEA) 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 (PHE) and were scheduled to expire on December 31, 2024. This extension extends the flexibilities through December 31, 2025.
NY Providers Take Note: New Consent to Payment Laws Effective October 20 | JD Supra
KEY UPDATE On October 20, 2024, two new laws will take effect in New York that impact how healthcare providers obtain consent to payment and collect payments from patients. These laws will affect all providers, particularly those who maintain patients’ credit card information on file, including many digital health providers.
NY Providers Take Note: New Consent to Payment Laws Effective October 20
KEY UPDATE On October 20, 2024, two new laws will take effect in New York that impact how healthcare providers obtain consent to payment and collect payments from patients. These laws will affect all providers, particularly those who maintain patients’ credit card information on file, including many digital health providers.
Trending in Telehealth: September 17 – 30, 2024 | JD Supra
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.
Texas AG’s Landmark AI Settlement: A Wake-Up Call for Health Tech & AI Companies
Healthcare providers, payors, and other healthcare organizations should be aware of a recently announced, “first-of-its-kind” settlement between the Texas attorney general and a healthcare generative artificial intelligence (AI) company resolving allegations that the company made a series of false and misleading statements about the accuracy and safety of its AI products.
Texas AG’s Landmark AI Settlement: A Wake-Up Call for Health Tech & AI Companies | JD Supra
The Texas Attorney General (AG) recently announced a “first-of-its-kind” settlement with a healthcare generative artificial intelligence (AI) company, Pieces Technologies, Inc., resolving allegations that the company made a series of false and misleading statements about the accuracy and safety of its AI products.
Trending In Telehealth: August 26 - September 17, 2024
MW McDermott Will & Emery More McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. With more than 1,100 lawyers across several office locations worldwide, our team works seamlessly across practices, industries and geographies to deliver highly effective solutions that propel success.
Trending in Telehealth: August 26 – September 17, 2024 | JD Supra
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.
Corporate Transparency Act: Key Considerations for Virtual Care Providers | JD Supra
As of January 1, 2024, the US Corporate Transparency Act (CTA) requires corporations, limited liability companies, limited partnerships and other similar entities to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), a bureau within the US Department of the Treasury. Although the US District Court for the Northern District of Alabama declared the CTA unconstitutional in March 2024, the decision in the underlying case is limited to the plaintiff.
Corporate Transparency Act: Key Considerations for Virtual Care Providers
As of January 1, 2024, the US Corporate Transparency Act (CTA) requires corporations, limited liability companies, limited partnerships and other similar entities to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), a bureau within the US Department of the Treasury. Although the US District Court for the Northern District of Alabama declared the CTA unconstitutional in March 2024, the decision in the underlying case is limited to the plaintiff.
Trending in Telehealth: February 12 - February 26, 2024
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care. Trending in the past week: Interstate compacts Professional standards A CLOSER LOOK Finalized Legislation & Rulemaking South Dakota enacted the Counseling Compact, making it the to ratify the compact.
Trending in Telehealth: February 5 – 12, 2024 | JD Supra
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.
ESG Implications in the US and Europe
ESG Ratings The European Council and Parliament provisionally agreed upon a proposed regulation on ESG rating activities to boost transparency and increase investor confidence in ESG ratings. ESG ratings providers would be regulated by the European Securities and Markets Authority (ESMA) and would have to be authorized and supervised by ESMA.
Trending in Telehealth: February 5 - 12, 2024
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.
Trending in Telehealth: January 29 – February 5, 2024 | JD Supra
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care. Trending in the past week: Interstate compacts Medicaid coverage Private payor coverage A CLOSER LOOK Legislation & Rulemaking Activity in Proposal Phase Highlights: In Michigan, HB 4579 and HB 4580 passed both chambers.
Healthcare Regulatory Check-Up Newsletter | December 2023 Recap | JD Supra
This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for December 2023. We discuss several civil and criminal enforcement actions that involve alleged violations of the False Claims Act (FCA) and the Anti-Kickback Statute (AKS).
Medicare Provider and Supplier Enrollment Requirements: Program Integrity Changes for 2024 | JD Supra
The US Centers for Medicare & Medicaid Services (CMS) finalized important changes to the Medicare provider and supplier enrollment regulations, including adding marriage and family therapists (MFTs) and mental health counselors (MHCs) as supplier types eligible for enrollment. Other enrollment changes include increasing CMS’ authority to deny or revoke enrollments and deactivate providers’ billing privileges after six months of non-billing and creating a new “stay of enrollment” status.
Medicare Provider and Supplier Enrollment Requirements: Program Integrity Changes for 2024
The US Centers for Medicare & Medicaid Services (CMS) finalized important changes to the Medicare provider and supplier enrollment regulations, including adding marriage and family therapists (MFTs) and mental health counselors (MHCs) as supplier types eligible for enrollment. Other enrollment changes include increasing CMS’ authority to deny or revoke enrollments and deactivate providers’ billing privileges after six months of non-billing and creating a new “stay of enrollment” status.
Medicare provider and supplier enrollment requirements: program integrity changes for 2024
CMS has the authority to revoke a Medicare provider's or supplier's enrollment for a variety of reasons, including the provider's or supplier's failure to adhere to Medicare enrollment requirements, exclusion by the Office of Inspector General (OIG), and felony convictions, among other bases. When a provider or supplier is revoked, the provider or supplier is generally barred from reenrolling in Medicare for a period of one to 10 years, based on the severity of the basis for revocation.
New York Withdraws Proposed Market Conduct Regulations for PBMs, Adopts Licensure Rules | JD Supra
OVERVIEW On October 31, 2023, the New York State Department of Financial Services (DFS) released a notice withdrawing its proposed market conduct rules for pharmacy benefit managers (PBMs). The proposed rules, announced August 16, 2023, would have significantly increased the state’s oversight of PBMs. At the same time, DFS finalized licensure rules for PBMs, to be effective November 15, 2023.
DEA Further Extends Flexibilities for Controlled-Substance Prescribing via Telemedicine | JD Supra
The United States Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) 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 (PHE). The extension runs through December 31, 2024.
New York Proposes Regulations Expanding State’s Ability to Regulate PBMs | JD Supra
The New York State Department of Financial Services (DFS) recently announced the publication of proposed regulations that would increase the state’s oversight of pharmacy benefit managers (PBMs). According to DFS, the proposed regulations would be “the most comprehensive set of market conduct rules for pharmacy benefit managers in the country.” If enacted, the regulations would govern a wide range of PBM activities.
Trending in Telehealth: July 25 – 31, 2023 | JD Supra
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care. Trending in the past week: Professional Practice Standards A CLOSER LOOK Finalized Legislation and Rulemaking Nevada finalized a rule that updates its physical therapy standards.
July Trending in Telehealth
July Trending in Telehealth Numerous states—including Alaska, Maryland, California and Colorado—have been busy finalizing rulemaking and legislation impacting Medicaid coverage and maternal health. What have these states been up to over the last month? Learn more here.
Trending in Telehealth: July 18 – 24, 2023 | JD Supra
Trending in Telehealth is a new series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.
Trending in Telehealth: July 18 - 24, 2023
Trending in Telehealth is a new series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.
Trending in Telehealth: July 11 – 17, 2023 | JD Supra
Trending in Telehealth is a new series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.
Teleprescribing of Controlled Substances Temporarily Extended Beyond PHE – What’s Next? | JD Supra
The US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are extending telehealth flexibilities that allow providers to prescribe controlled substances. While the extension is in place, the DEA indicated that, in light of the 38,000 comments it has received, it will be further evaluating its recently proposed rules for post-PHE telemedicine prescription of controlled substances.
Teleprescribing of Controlled Substances Temporarily Extended Beyond PHE - What’s Next?
The US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are extending telehealth flexibilities that allow providers to prescribe controlled substances. While the extension is in place, the DEA indicated that, in light of the 38,000 comments it has received, it will be further evaluating its recently proposed rules for post-PHE telemedicine prescription of controlled substances.
McDermott Health 2023 Annual Report - Digital Health: 2022 Year in Review | JD Supra
Digital health is one of the fast-growing segments of the healthcare market, with patients, clinicians and regulators increasingly aligned behind the opportunities that digitization presents. Over the last three years, patients and clinicians alike have embraced digitally delivered care and telehealth- related flexibilities.
Digital Health: 2022 Year in Review
Register now for your free, tailored, daily legal newsfeed service. Questions? Please contact Register To view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF . USA March 21 2023 Digital health is one of the fast-growing segments of he healthcare market, with patients, clinicians and regulators increasingly aligned behind the opportunities that digitization presents.
DEA Proposes Limited Post-PHE Telemedicine Prescription of Controlled Substances | JD Supra
On February 24, 2023, the US Drug Enforcement Administration (DEA) two proposed rules (the Telemedicine Controlled Substance Proposed Rule and the Telemedicine Buprenorphine Proposed Rule) that would establish additional potential pathways for the prescription of certain controlled substances in limited quantities via telehealth without an initial in-person medical examination.
Digital Health: 2022 Annual Report
OVERVIEW Digital health is one of the fast-growing segments of the healthcare market, with patients, clinicians and regulators increasingly aligned behind the opportunities that digitization presents. Over the last three years, patients and clinicians alike have embraced digitally delivered care and telehealth- related flexibilities.
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