Association of 300 telehealth groups urges Congress to extend COVID-era rules
In a letter sent to Congress, more than 300 groups from the American Telemedicine Association (ATA)—a trade association representing telehealth companies and medical provider organizations—are urging lawmakers to extend COVID-era rules, particularly as it pertains to the prescription of controlled substances.
The extension to allow certain highly regulated drugs to be prescribed via telehealth extends from an emergency power granted during the pandemic, which is set to expire at the beginning of 2025. The coalition of stakeholders in the ATA fear the Drug Enforcement Agency (DEA) will then crack down and implement new rules that will “dramatically limit virtual prescribing."
In preparation, the ATA is asking Congress to maintain the status quo for another two years. Current regulatory framework allows for prescribing “flexibilities” of amphetamines, benzodiazepines and other potentially addictive drugs used to treat a variety of conditions, particularly those seen in behavioral health patients.
The DEA represents fears that telehealth tools are being abused by providers, patients and companies to increase the supply of controlled substances. However, without access to substances like methadone that curb addiction, many providers worry patients could end up back on street drugs, fueling the opioid epidemic.
“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 ATA members 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 association goes on to detail how telemedicine fills the gap and improves access to care, and in some cases is the only option a patient has to talk to a provider. The ATA also notes that reliance on telemedicine remains strong, only falling slightly since 2020.
“At its pandemic peak, telehealth represented 40% of mental health and substance use outpatient visits, and still remains strong, representing 36% of outpatient visits currently,” the letter states.
The letter is in reaction to a Politico Pro report that detailed the DEA’s leaked plans to rein in telemedicine prescriptions once the pandemic-era framework expires. Existing regulations were set to expire last year but were ultimately extended through 2024.
The ATA hopes history repeats itself. As regulators only have until the end of the year to codify new protocols to regulate telemedicine. The groups said an extension would give Congress and HHS “more time to come to consensus about the best way to balance access and enforcement,” as not to harm patients.