By Andrea Fox, HealthcareITNews.com
A fourth temporary extension of pandemic-era virtual care flexibilities is pending review at the federal Office of Management and Budget. And ATA Action, the advocacy arm of the American Telemedicine Association – along with 182 telehealth stakeholders – is asking both OMB and the Drug Enforcement Administration to act quickly prevent avoidable lapses in treatment and protect continuity of care for millions who rely on these telehealth services.
“With only 25 days remaining before these critical telemedicine authorities expire, patients and providers are facing unacceptable uncertainty and the real risk of care disruptions,” these organizations urged in a letter sent to OMB Director Russell Vought and DEA Administrator Terrance Cole.
WHY IT MATTERS
Introduced during President Donald Trump’s first term, telemedicine waivers that allow access to controlled substances for millions of out-of-reach patients have reduced delays in treatment and improved outcomes, the telehealth stakeholders said in their Dec. 5 letter.
“These flexibilities have been essential for maintaining continuity of care, particularly for those with mental and behavioral health needs, over the past five years,” they said.
With days remaining before the authorities expire on Dec. 31, patients and providers face “unacceptable uncertainty and the real risk of care disruptions,” Alexis Apple, ATA’s director of federal affairs and ATA Action’s head of federal government affairs, said in a statement.
“Telehealth and virtual care have become a critical part of care delivery for millions of Americans,” she said.
Extending prescribing flexibilities so telehealth patients can access needed medications without requiring an in-person visit permanently depends in large part on creating special registrations for the remote prescribing of controlled substances.
“We have seen firsthand how technology-enabled care strengthens the provider-patient relationship, increases adherence to treatment plans and helps patients lead healthier lives,” ATA Action and stakeholders told Vought and Cole.
THE LARGER TREND
Last year, the DEA and the U.S. Health and Human Services announced a third waiver extension, citing more than 38,000 comments and a need to “carefully consider the input received” before promulgating a final set of telemedicine regulations.
Congress has, however, long required DEA to establish a special registration process that balances patient access with appropriate safeguards against misuse.
In January, DEA released a plan, but ATA Action and other groups quickly voiced concerns. Then, in February, the Alliance for Connected Care asked U.S. Attorney General Pam Bondi to intervene and toss out the DEA’s proposed e-prescribing rules.
Telemedicine providers and advocates said the proposed rules are rife with agency overreach and should not dictate how healthcare practitioners make decisions.
By March, DEA and HHS said they would postpone new telemedicine prescribing rules until the end of the year. Stakeholders then reminded the agency in July about the need to move forward with their work on creating a special registration.
“Authorized in the 2008 Ryan Haight Act and reinforced by the 2018 SUPPORT Act, this process remains unfulfilled after 17 years,” ATA Action and its coalition said in their new letter to the OMB and DEA leaders, urging them to work with Congress toward a meaningful and long-term resolution.
“A thoughtful special registration framework would give providers the ability to care for patients responsibly while ensuring DEA has the tools it needs to prevent inappropriate prescribing.”
“We continue to encourage DEA to fully engage with stakeholders and collect medical provider feedback on safeguards that mitigate real-world risks of diversion and enhance access to critical lifesaving prescriptions for individuals with mental health conditions, substance use disorder and other chronic conditions, while maintaining the highest standards for patient safety,” Apple added.
ON THE RECORD
“This progress must not be undone,” ATA Action and telehealth stakeholders said in their letter urging action before the end of the year. “Any delay in the DEA policymaking will create confusion among patients, cancellations and abrupt treatment gaps.”
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