Extension of telehealth prescriptions is approved, but bigger battle looms

While healthcare advocacy groups continue to press for telehealth reforms, they scored one important victory Friday.

The federal government has agreed to a one-year extension for telehealth prescriptions of certain controlled substances. The notice is slated to appear in the Federal Register next week.

The waivers for telehealth prescriptions were set to expire at the end of the year, and telehealth providers and supporters had grown increasingly anxious about an extension. With the extension, providers will be allowed to continue remote prescriptions of certain controlled substances, such as Oxycontin and Xanax, through 2025. Healthcare trade groups had urged the U.S. Department of Health & Human Services and the Drug Enforcement Administration for an extension.

Kyle Zebley, senior vice president of public policy for the American Telemedicine Association, expressed appreciation for the extension.

“This marks a significant win for patients and healthcare providers, as we drive forward on the road to the Telehealth Super Bowl, to advance key legislative priorities supporting appropriate telehealth utilization,” Zebley said in a statement.

Indeed, healthcare advocates are facing another pressing deadline concerning telehealth programs. Lawmakers must approve extensions for most telehealth programs, since waivers for virtual care services expire at the end of the year.

Anders Gilberg, senior vice president of government affairs for the Medical Group Management Association, said physicians welcome the extension for remote prescriptions. But the MGMA is also hoping for “a sustainable, long-term solution,” he said.

“This extension is critical to avoid upending patients and medical groups that have come to rely on telemedicine for access to their medications,” Gilberg said in a statement. “We look forward to working alongside the DEA and HHS to find a permanent, workable policy that will promote equitable access for patients without impeding continuity of care.”

Hospitals had pressed the government for remote prescriptions to continue. The American Hospital Association sent a letter to the Centers for Medicare & Medicaid Services last month pushing for an extension.

“In many cases, seeing a provider in person is simply not an option for some patients whether due to physician shortages, mobility issues, or transportation challenges,” the AHA wrote.

The DEA has previously said that it has been seeking a balance between access and safety when it comes to the remote prescription of controlled substances. Agency officials said they wanted to ensure patients could get medications they need while establishing appropriate safeguards to prevent overprescribing of controlled substances.

The federal government eased restrictions on telehealth services in 2020 to deal with the COVID-19 pandemic, and Congress and the White House have agreed to extensions in the past. But the waivers are slated to phase out Dec. 31. Healthcare groups are pushing Congress and President Biden to intervene and ensure the continuation of telehealth services.

Lawmakers have crafted a measure which has attracted bipartisan support, and it passed a key House committee in September. The measure would extend most telehealth programs for two years, while providing a five-year extension for hospital-at-home programs.

Telehealth supporters say they think lawmakers will ultimately approve an extension, but tensions are mounting as the end of the year draws closer. Biden has been a strong backer of telehealth programs, and Zebley has said Donald Trump demonstrated support for telehealth programs in his administration.

As Zebley said, “Our work is far from over.”

“We are buoyed by this important ruling and will continue to pursue permanent access to essential virtual care services on behalf of healthcare providers and the millions of patients who have come to rely on telehealth,” Zebley said in a statement.

• Read more: Hospitals push Congress to pass bills before year ends