The telehealth industry faces ongoing uncertainty following multiple regulatory developments and high-profile prosecutions. On December 30, 2025, the Drug Enforcement Agency and Department of Health and Human Services jointly extended temporary flexibilities for prescribing controlled substances via telehealth through December 31, 2026. The extension allows all DEA-registered providers to prescribe Schedule II-V controlled substances through telehealth regardless of when the provider-patient relationship began, subject to state law restrictions and requirements for legitimate medical purposes using two-way, real-time audio-visual or audio-only technology.
The extension was designed to prevent care disruption while the DEA/HHS finalizes permanent regulations. The DEA had released a proposed rule in January 2025 for a “special registration” process allowing controlled substance prescribing without an initial in-person visit but received over 6,000 public comments requesting further clarity and reduced operational burden.
Enforcement and Medicare coverage uncertainty
A federal jury convicted Done Global’s founder and CEO Ruthia He and clinical president David Brody on charges related to telemedicine prescribing of controlled stimulants for ADHD. The case marks the Department of Justice’s first criminal drug distribution prosecution arising from telemedicine prescribing. Prosecutors alleged from February 2020 through January 2023, Done-affiliated clinicians issued extraordinarily high volumes of Adderall prescriptions while operating under policies undermining independent clinical judgment. On December 17, 2025, a federal grand jury also indicted Done and Mindful Mental Wellness with similar charges through February 2025, alleging a new professional corporation was created to continue the conspiracy after pharmacies ceased accepting prescriptions.
Medicare telehealth flexibilities face a “cliff” on January 30, 2026. A government shutdown on October 1, 2025 eliminated the flexibilities, causing dramatic adverse impacts, before they were restored through a continuing resolution. While bipartisan support exists for extending the flexibilities and standalone bills like the CONNECT for Health Act are pending, Congress has been unable to pass permanent legislation beyond continuing resolutions.
This article is an AI-assisted summary. All facts and figures are drawn from the original report: https://natlawreview.com/article/telehealth-update-telehealth-flexibilities-convictions-and-indictment-and-2026