DEA, HHS extend telehealth controlled substance prescription rule
The Drug Enforcement Administration and the U.S. Department of Health and Human Services (HHS) care are extending COVID-era prescribing rules that allow certain controlled substances to be prescribed via telehealth consults.
According to an announcement from the agencies, the extension will expire at the end of 2025. However, this is the third time the telehealth rule expiration has been pushed forward, and a litany of telehealth and provider groups would likely prefer the flexibility to become permanent, given the contents of a letter many of them sent to Congress in September.
The rule allows for the prescribing of drugs like Adderall and buprenorphine, used to treat ADHD and opioid use disorder respectively.
“The ongoing challenges in accessing mental health and substance use treatment services, particularly in rural and underserved areas, underscore the importance of maintaining these flexibilities,” the letter from more than 300 organizations calling themselves the American Telemedicine Association (ATA) reads. “More than half of U.S. counties do not have a psychiatrist. The shortage is even more prominent in rural areas, with nearly three quarters of rural counties lacking a psychiatrist.”
The group put out a statement applauding the decision as a first step toward developing a permanent solution that appeases regulators and benefits patients.
“As we close out this year and prepare for 2025, we will remain actively engaged with the incoming Trump administration, the DEA, the HHS, interagency partners, and other key stakeholders to establish a permanent framework that ensures appropriate and necessary access to care for millions of Americans,” Kyle Zebley, the ATA’s senior vice president, said in the statement.
Regulators remain concerned about companies abusing the flexibility provisions to overprescribe drugs that have a black market value and contribute to addiction.
As an example, The U.S. Department of Justice (DoJ) charged two executives of telehealth company Done in a $100 million drug prescription scheme back in June, alleging the duo committed fraud in order to justify Adderall reimbursement filings. If convicted, they could serve 20 years in prison. Done has denied the allegations.
The DEA is working on an amicable solution, the agency said. The extension will be used in part to give the agency “time to consider a new path forward for telemedicine.”
The full text of the extension can be found here.
Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.