On September 10, AHCA/NCAL, along with more than 330 provider and consumer organizations, submitted a
joint coalition letter to the White House and Congressional leadership, requesting action before the end of the year to extend telehealth flexibilities related to virtual prescribing associated with mental health services.
- In the letter to the Biden administration, the coalition requests for the Administration “to work with the DEA and other relevant agencies to extend these prescribing flexibilities for two years while the DEA works to meet its congressional mandate to create a special registration pathway that continues access to care.”
- In the letter to the U.S. House and U.S. Senate leadership, the coalition requests “that Congress extend these prescribing flexibilities for two years.”
Background
Congress passed the Ryan Haight Online Pharmacy Consumer Protection Act in 2008, which requires the Drug Enforcement Administration (DEA), in conjunction with the Department of Health and Hunman Services (HHS), to promulgate permanent rules to allow practitioners to prescribe certain controlled medications via telehealth through a special registration pathway. As of today, a Final Rule has not yet been issued.
During the COVID-19 Public Health Emergency (PHE), the DEA allowed DEA-registered practitioners to issue prescriptions for certain controlled substances to patients via telemedicine without requiring an in-person medical evaluation. These flexibilities, which were extended through December 31, 2024, have been a lifeline for countless individuals across the country, ensuring uninterrupted access to essential mental health care, substance use treatment, end-of-life care, and many other crucial treatments.
Currently, access to in-person care during a mental health crisis is challenged due to the widespread mental health provider shortage across medical professions and specialties. The current virtual prescribing flexibility has been essential in ensuring that patients receive timely and necessary care.
What is at stake?
For AHCA/NCAL and the residents they represent, this issue is about safeguarding access to high-quality mental health care for some of the most vulnerable individuals. Without the requested telehealth prescribing flexibilities for mental health services extension, the future availability of crucial services, particularly for individuals in AHCA/NCAL member communities in rural and underserved locations is at serious risk.