Opioid Abuse and Telehealth Access: The Special Registration Rule’s Attempt at Striking the Right Balance
- June 27, 2025
- Emma Spiro , Petrillo Klein + Boxer LLP
- Cara Hume , Petrillo Klein + Boxer LLP
Policymakers have struggled to balance the benefits of increased access to remote health care against the incremental risk of opioid abuse and diversion posed by telehealth services. Medicare and Medicaid, for example, imposed strict limitations on access to telehealth services, often relying on outdated assumptions of who could benefit, such as restricting telehealth services to only those in designated rural populations. The COVID-19 pandemic prompted a relaxation of these restrictions, leading to increased concerns about the potential for fraud and abuse in telehealth opioid prescribing. Providers are obligated to assess patients for signs of addiction, and there is no doubt patient behaviors are more easily assessed in-person: slurred speech, withdrawal symptoms, and track marks, are just some examples of patient red flags that may prove difficult to appreciate on video or audio.
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