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Policy & oversight

Medicare Patients Can Still Fill Controlled Substance Prescriptions via Telehealth Through Year-End as Permanent Rules Await Finalization

The Drug Enforcement Administration and HHS extended telemedicine prescribing flexibility for controlled substances through December 31, 2026, keeping video-based prescriptions accessible for Medicare patients with mental health and substance use needs while federal agencies work to finalize a permanent framework.

By the Goodsurance editorial teamAugust 4, 2026

Medicare beneficiaries who receive controlled substance prescriptions through video appointments, including medications for mental health conditions, anxiety, sleep disorders, and opioid use disorder, can continue doing so through December 31, 2026. The Drug Enforcement Administration, jointly with the Department of Health and Human Services, published a fourth temporary extension of telemedicine prescribing flexibilities on December 31, 2025.

Under the extension, DEA-registered practitioners may prescribe Schedule II through V controlled substances to patients via audio-video telehealth without a prior in-person evaluation. For opioid use disorder treatment, audio-only telehealth is also permitted for qualifying Schedule III through V medications, a provision that supports access for patients in areas with limited broadband or technology resources.

The temporary extension has been renewed repeatedly since the end of the federal Public Health Emergency in 2023, when the original COVID-era prescribing flexibility expired. Each renewal has been paired with stated intentions to finalize a permanent regulatory pathway, known as the proposed Special Registration for Telemedicine, which would allow qualified practitioners to prescribe controlled substances remotely under clearly defined standards.

That permanent rule was proposed in the Federal Register in January 2025, but DEA and HHS had not published a final version as of mid-2026. The agencies face a year-end deadline. If a final rule is not published by December 31, 2026, another extension or congressional action would be needed to avoid disruption for patients who rely on telehealth for ongoing controlled substance management.

For Medicare patients, the current system remains in effect through the end of this year.

In plain words

Many people get prescriptions for mental health drugs and other medications through video calls, without going to a doctor's office. A federal rule lets this continue through December 31, 2026. This rule has been extended several times since the COVID pandemic ended. The government proposed a permanent version of this rule in 2025 but has not finished writing it. If the permanent rule is not done by December 31, 2026, something more would need to happen to keep video prescriptions available in 2027. For now, Medicare patients who get controlled substance prescriptions by video can continue to do so through the end of this year.

Source: HHS
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