Telehealth Flexibilities Extended Through 2026; Medicare Rules Updated
HHS and DEA extended telehealth controlled-substance prescribing flexibilities to end-2026.
Why it matters: Legal and compliance teams must navigate updated telehealth rules affecting data privacy, prescribing liability, and Medicare reimbursement through 2027.
- HHS and DEA extended telemedicine prescribing flexibilities for controlled substances through December 31, 2026.
- Congress extended Medicare telehealth flexibilities, including billing updates, through December 31, 2027.
- Telehealth visits increased 79% from January 2019 to January 2026; remote patient monitoring services grew nearly 4,000%.
- The 2026 Medicare Physician Fee Schedule added new remote patient monitoring (RPM) billing codes with higher reimbursement rates.
The U.S. Department of Health and Human Services (HHS) and Drug Enforcement Administration (DEA) have extended temporary telemedicine prescribing rules for scheduled controlled substances through December 31, 2026. These flexibilities originally allowed providers to prescribe medications without an initial in-person visit during the public health emergency. HHS announcement confirms the extension ensures continued access while addressing regulatory compliance challenges.
Separately, Congress passed the Consolidated Appropriations Act, 2026, extending key Medicare telehealth flexibilities, including permanent updates to billing and reimbursement policies, through December 31, 2027. These provisions impact how providers claim remote services and remote patient monitoring (RPM), with implications for legal compliance and audit risk. An industry analysis at Medical Economics outlines these updates and their significance.
Telehealth utilization reflects rapid growth: encounters increased 79% between January 2019 and January 2026, while RPM services surged nearly 4,000%, according to data cited by Healthcare IT News. RPM involves using technology to monitor patients remotely, such as wearable devices or mobile apps, creating new areas of legal exposure around data privacy and reimbursement compliance. However, many health systems continue to face financial losses due to reimbursement constraints and operational costs. The detailed Healthcare IT News report explores these tensions.
The 2026 Medicare Physician Fee Schedule introduced new RPM billing codes—99445 and 99470—and increased payment rates for existing codes (99453, 99454, 99457, 99458, 99091). These coding changes, detailed by CCN Health, affect provider revenue and necessitate careful documentation to meet regulatory standards.
Steve Wasson, Chief Data and Intelligence Officer at Strata Decision Technology, noted that providers increasingly adopt technology-driven care to mitigate workforce shortages and meet rising patient demand, underscoring ongoing shifts in healthcare delivery models that legal teams must understand.
By the numbers:
- 79% — increase in telehealth encounters from January 2019 to January 2026
- ~4,000% — growth in remote patient monitoring services over the same period
- Two new RPM Medicare billing codes (99445, 99470) and rate increases for five existing codes in 2026 Physician Fee Schedule
Yes, but: While extensions ease regulatory burden, legal teams should monitor evolving state laws on telehealth prescribing and data privacy, which may vary and create compliance complexities.
What's next: Legal teams should prepare for potential further regulatory reviews as temporary public health emergency provisions sunset and more permanent telehealth standards are established, expected by late 2026.