AHA Requests Flexibility Extension from HHS on DEA Telemedicine Prescribing

AHA Requests Flexibility Extension from HHS on DEA Telemedicine Prescribing

On behalf of our nearly 5,000 member hospitals, health systems and other health care organizations, our clinician partners — including more than 270,000 affiliated physicians, 2 million nurses and other caregivers — and the 43,000 health care leaders who belong to our professional membership groups, the American Hospital Association (AHA) appreciates the Department of Health and Human Services (HHS) role in coordinating with the Drug Enforcement Administration (DEA) to support the safe prescribing of controlled substances via telehealth. Indeed, during the COVID-19 public health emergency (PHE), the DEA enacted certain flexibilities to ensure patients could continue to receive lifesaving medications via telehealth while minimizing exposure and preserving provider capacity. This included waiving the in-person visit requirement prior to the prescribing of controlled substances.

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The progression to a permanent pathway for waiving in-person visits has been delayed by fears of diversion risk. They recognize and appreciate the important role that the DEA plays in mitigating the risk of diversion. However, there are no data demonstrating that access to these substances for medically appropriate treatment via telemedicine poses an increased risk for diversion or any other increased risk for that matter. Rather, the agency relies on a general assumption that because controlled substances can be misused, an increase in access results in increased risk.


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