U.S. Agencies Delay Implementation of Telemedicine Rules
The U.S. Drug Enforcement Administration and the Department of Health and Human Services have announced a delay in the effective date of two final rules that were set to go into effect on March 21. The rules, which pertain to the Expansion of Buprenorphine Treatment via Telemedicine Encounter and Continuity of Care via Telemedicine for Veterans Affairs Patients, will now be extended until December 31 to allow for further consideration of received comments.
Why the Extension Matters
The final rules, initially slated to become effective on February 18, were subject to a regulatory freeze following a change in administration. This led to an initial delay in their implementation. The Expansion rule specifically allows virtual care providers to prescribe a six-month supply of buprenorphine to new patients for opioid use disorder treatment, with an in-person visit required after the six-month mark.
Additionally, the rules establish three special registries for practitioners and platforms to facilitate the prescribing of controlled substances via telemedicine, balancing patient access with safeguards against misuse. The DEA’s creation of a telehealth prescribing registry is mandated under the SUPPORT Act passed in 2018.
Concerns have been raised by healthcare organizations regarding the proposed registries, fearing limitations on telemedicine access and burdensome restrictions, particularly for terminally ill patients in hospice care. The DEA has received additional comments on these concerns since February.
Industry Trends and Extensions
Congress and telehealth industry groups have been advocating for the extension of prescribing flexibilities permitted under the original COVID-19 public health emergency. The agencies previously agreed to temporary extensions for virtual prescribing of controlled substances during the pandemic, with the latest postponement now pushing the deadline to the end of the year.
Official Statements
In a joint notice, HHS Secretary Robert F. Kennedy, Jr., and DEA’s Federal Register liaison officer, Heather Achbach, stated that the further postponement of the rules’ effective dates is to allow for a comprehensive review of any potential legal, factual, and policy implications that may arise.
Written by: Andrea Fox, Senior Editor at Healthcare IT News
Healthcare IT News is a publication of HIMSS Media.
