Thomas Ferrante Comments on DEA Extension of Telehealth Waiver
Foley & Lardner LLP Partner Thomas (T.J.) Ferrante is quoted in the article, “DEA Extends Telehealth Waiver; CMS: Some M.D.s Must Report Home Addresses, With an Out,” in the Report on Medicare Compliance, published by the Health Care Compliance Association, discussing the announcement by the U.S. Drug Enforcement Agency (DEA) of an extension of its temporary exception to the Ryan Haight Act, which requires that patients have one in-person visit with physicians before they prescribe controlled substances via telehealth.
Ferrante explained that as a result of the waiver, initially granted during the COVID-19 public health emergency, many patients have established relationship with virtual-only physicians and telehealth companies. Ferrante said the DEA’s announcement will continue everything as it is for now, avoiding a sudden disruption to telemedicine providers and the patients who depend on their care.
Eventually, Ferrante expects the DEA to finalize some version of the rule, which he hopes includes a registration process allowing physicians who register and are overseen by the DEA to prescribe controlled substances using telehealth without an initial in-person visit.
“There would be an oversight process,” he added. “What we don’t want and would be antithetical to the purpose of this is if DEA still mandated an in-person exam or medical evaluation as part of the special registration process.”
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