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The Drug Enforcement Agency (DEA) issued a temporary rule extending the allowance for physicians and practitioners to prescribe controlled medications to new patients based on a relationship solely established through telemedicine (live video or telephone for buprenorphine) until December 31, 2024. The extension will give the DEA time to consider permanent changes to their rules around prescribing controlled substances moving forward.

Key concerns from stakeholders expressed during the listening sessions were related to in-person visit requirements, the 30-day prescribing limit in the initially proposed rules, and adding various reporting requirements, such as notating on prescriptions that they were prescribed via telemedicine. The rule itself lists additional reasons the extension is being issued:

  • “Prevent a reduction in access to care for patients who do not yet have an existing telemedicine relationship;
  • For relationships established both during the COVID-19 PHE and those established shortly after, prevent backlogs with respect to in-person medical evaluations in the months shortly before and after the expiration of the telemedicine flexibilities;
  • Address the urgent public health need for continued access to the initiation of buprenorphine as medication for opioid use disorder in the context of the continuing opioid public health crisis;
  • Allow patients, practitioners, pharmacists, service providers, and other stakeholders sufficient time to prepare for the implementation of any future regulations that apply to prescribing of controlled medications via telemedicine; and
  • Enable DEA, jointly with HHS, to conduct a thorough evaluation of regulatory alternatives in order to promulgate regulations that most effectively expand access to telemedicine encounters in a manner that is consistent with public health and safety, while also effectively mitigating against the risk of possible diversion.

RCPA will continue its advocacy work in partnering with the National Council on Mental Wellbeing to support the flexibility becoming part of reimagined legislation. Also, RCPA will continue its efforts on the current appeal it has filed with the DEA and OMHSAS to provide regulatory clarification on the licensing classification for those provider members who submitted applications for DEA Site Registration to disseminate Controlled Substances under the titled Act of 1970.

If you have questions, please contact RCPA Policy Director Jim Sharp.

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The Office of Developmental Programs (ODP) has shared the communication, ODPANN 23-079: Alerting Providers to Risk of Fraud and Encouraging Use of Electronic Funds Transfer (EFT). The purpose of this announcement is to alert providers to the risk of fraud associated with reliance on paper check payments and strongly encourage the use of EFT to receive payment for rendered services. Please review the announcement for additional information and contact ODP with any questions.

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The meeting documents from the October 4, 2023, Managed Long-Term Services and Supports (MLTSS) Subcommittee meeting are now available. The documents include the agenda, transcript, and PowerPoint presentations and can be viewed below:

The next MLTSS Subcommittee meeting is scheduled for November 1, 2023, from 10:00 am – 1:00 pm in the PA Department of Education’s Honors Suite at 333 Market St. in Harrisburg, PA. The option to participate via webinar is also an option. To participate in the meeting via webinar, please visit this webinar registration link. After registering, you will receive a confirmation email containing information about joining the webinar. To participate via telephone, the dial-in number is (914) 614-3221, with Access Code: 807353414#.

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The PA House of Representatives passed HB 1300 (Fiscal Code) by a vote of 121-82. The Fiscal Code contains language appropriating the $100 million for mental health funding, which follows the recommendations of the Behavioral Health Commission’s recommendations. The Fiscal Code also provides another $34.5 million to expand mental health services, $34 million for workforce initiatives, and over $30 million for criminal justice and public safety.

The House also passed HB 1456, a general appropriations bill. HB 1456 passed by a vote of 115-88. The bill provided new monies of $50 million towards intellectual disabilities and direct support professional (DSP) workforce retention. The bill would also fund $642 million for Penn State University, the University of Pittsburgh (Pitt), and Temple University. While there is good news for the IDD providers in regards to additional workforce funding, the bill was challenged by House Republicans because the Penn State, Pitt, and Temple funding requires a two-thirds (supermajority) vote, which was why the colleges were not funded back in June.

This week, the House also passed a tax code bill and a school code bill.

Despite the flurry of legislative activity on the code bills in the House, the code bills will not have to go to the Senate for a concurrence vote. The code bills passed by the House contain new spending (i.e. IDD workforce retention), and the new spending was not negotiated with the Senate; therefore, the expectation is that because there is not a deal between the House and the Senate on the new spending, the Senate will not concur on the code bills.

The Senate will return to session on Monday, October 16.

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