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Authors Posts by Jason Snyder

Jason Snyder

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Separate Notice of Proposed Rulemaking Would Completely Eliminate In-Person Evaluation for Prescribed Medications

The Substance Abuse and Mental Health Services Administration (SAMHSA) and the U.S. Drug Enforcement Agency (DEA) this month released three new prescribing-related telehealth rules.

The Final Rule On the Expansion of Buprenorphine Treatment Via Telemedicine Encounter authorizes DEA-registered practitioners to prescribe Schedule III-V controlled substances, including buprenorphine, for opioid use disorder, through an audio-only encounter for an initial six-month supply (split among multiple prescriptions over six calendar months). Although the rule has been published in the Federal Register and is set to take effect February 18, 2025, President Trump issued a regulatory freeze pending review that requires executive departments and agencies to consider postponing the rule’s effective date for 60 days to review “any questions of fact, law, and policy that the rules may raise.”

Under this final rule, practitioners must first review the patient’s prescription drug monitoring program data for the state in which the patient is located during the telemedicine encounter. Additional prescriptions can be issued under other forms of telemedicine as authorized under the Controlled Substances Act, or after an in-person medical evaluation is conducted. SAMHSA advises practitioners to check with their state medical boards about what specific telemedicine practices are currently authorized for prescribing controlled medications after this six-month period. RCPA has reached out to the Pennsylvania Department of State to determine whether there are telemedicine pathways in place to enable prescribing beyond the initial six-month period without an in-person examination.

This regulation also requires the pharmacist to verify the identity of the patient prior to filling a prescription. This final rule does not apply to practitioners who have already evaluated their patient in person.

Separate Proposed Rule Would Completely Eliminate In-Person Evaluation for Prescribed Medications

However, a separate proposed rule on Special Registrations for Telemedicine and Limited State Telemedicine Registrations would establish special registrations that will permit a patient to receive prescribed medications through telemedicine visits without ever having an in-person medical evaluation from a medical provider. According to the DEA, the special registration is available to medical providers who treat patients for whom they will prescribe Schedule III-V controlled substances. An Advanced Telemedicine Prescribing Registration is available for Schedule II medications when the medical practitioner is board certified in one of the following specialties: psychiatrists; hospice care physicians; physicians rendering treatment at long term care facilities; and pediatricians for the prescribing of medications identified as the most addictive and prone to diversion to the illegal drug market. This regulation allows specialized medical providers to issue telemedicine prescriptions for Schedule II-V medications.

DEA is seeking public comment by March 18, 2025, on additional medical specialists that should be authorized to issue Schedule II medications. Public comments will also be requested on additional patient protections for the prescribing of Schedule II medications by telemedicine, including whether the special registrant should be physically located in the same state as the patient being prescribed Schedule II medications; whether to limit Schedule II medications by telemedicine to medical practitioners whose practice is limited to less than 50 percent of prescriptions by telemedicine; and the appropriate duration needed for the rules’ provisions to be enacted.

For the first time, online platforms that facilitate connections between patients and medical providers that result in the prescription of medications will be required to register with DEA. This is critical, as DEA has found some unscrupulous medical providers on online platforms have used flexible telemedicine rules to put profit ahead of the well-being of patients.

The special registration rule will also require the establishment of a national PDMP to help the health industry protect against abuse and the diversion of controlled substances into the illegal drug market. A national PDMP will provide pharmacists and medical practitioners with visibility of a patient’s prescribed medication history.

Additionally, a Final Rule on Continuity of Care Via Telemedicine for Veterans Affairs (VA) patients was issued, allowing practitioners acting within the scope of their VA employment to prescribe controlled substances via telemedicine to a VA patient with whom they have not conducted an in-person medical evaluation. VA practitioners are permitted to prescribe controlled substances to VA patients if another VA practitioner has, at any time, previously conducted an in-person medical evaluation of the VA patient, subject to certain conditions.

If they haven’t already, very few people seeking addiction treatment will ever experience it as Tom Coderre did.

Coderre is principal deputy assistant secretary for the Substance Abuse and Mental Health Services Administration (SAMHSA). Last week, in kicking off its inaugural Substance Use Disorder Treatment Month, SAMHSA published a blog in which Coderre’s treatment story was retold.

“I started treatment at the end of May 2003, after an arrest for possession of a controlled substance, when a compassionate judge strongly suggested it,” the former Rhode Island state senator said. “The treatment program offered flexible lengths of stay, determined on an individual basis … For me, that treatment episode lasted five and a half months and I then transitioned into a recovery house.”

You read that correctly. Five-and-a-half months. Not five-and-a-half-months in the continuum of residential to halfway house to partial hospitalization to intensive outpatient to outpatient, but five-and-a-half months in an intensive residential treatment center before transitioning to a recovery house. And keep in mind, Coderre’s treatment was funded by a federal block grant, not out of pocket or through commercial insurance.

Coderre’s story truly is remarkable. He gave a great interview to William White in 2016 that details his story and demonstrates the power of treatment and recovery. But to hold up this treatment experience in a blog that kicks off national SUD Treatment Month is to suggest, in my read, that this is what addiction treatment could look like today. And, barring some very specific and unique cases, that is simply not true, and certainly not in Pennsylvania.

Imagine a person with the disease of addiction desperately in need of treatment who is assessed as: being unable to control impulses; having marked difficulty with or opposition to treatment, with dangerous consequences; having no recognition of the skills needed to prevent continued use, with imminently dangerous consequences; and lacking skills to cope outside of a highly structured 24-hour setting.

That is essentially the definition of someone needing ASAM Level 3.5, which is defined as clinically managed, high-intensity residential treatment.

Anecdotal information tells us the average length of stay in Pennsylvania at Level 3.5, including withdrawal management (which we used to call detox), is about 28 days. Lower intensity treatment, such as that provided at Level 3.1 (i.e., halfway houses), can garner as much as a five-month stay, at about $100 less per day in Medicaid reimbursement than Level 3.5.

Much has changed about the way we treat addiction since Coderre’s treatment experience nearly 22 years ago. And we would expect the field to change and evolve, just as we would hope cancer is not being treated today the same way it was 25 years ago.

Many will argue that there is not enough evidence to support such a time- and cost-intensive treatment approach as longer-term, high-intensity residential treatment. Many will argue, too, that outcomes are just as effective with medication or intensive outpatient. Just as many will argue the other side of the coin, that 14- and 21- and 28-day lengths of stay are not enough time to stabilize and begin the hard work necessary to rehabilitate (and often times habilitate) someone whose “addiction is currently so out of control that they need a 24-hour supportive treatment environment … ” (ASAM Third Edition, 2003).

What isn’t up for debate is the sea change taking place in addiction treatment today.

It’s difficult to find a current definition or purpose of addiction treatment today, even from SAMHSA or the National Institute on Drug Abuse (NIDA). But Nora Volkow, director of NIDA, wrote in 2022 that, “The magnitude of this [drug overdose death] crisis demands out-of-the-box thinking and willingness to jettison old, unhelpful, and unsupported assumptions about what treatment and recovery need to look like. Among them is the traditional view that abstinence is the sole aim and only valid outcome of addiction treatment.”

Only 10 years prior, NIDA wrote in its Principles of Drug Addiction Treatment that, “In addition to stopping drug abuse, the goal of treatment is to return people to productive functioning in the family, workplace, and community.”

And SAMHSA’s Center for Substance Abuse Treatment, 20 years ago, was even clearer on the purpose of treatment: “Treatment for substance use disorders is designed to help people stop alcohol or drug use and remain sober and drug free. Recovery is a lifelong process.”

From stopping alcohol or drug use and remaining sober and drug free, to stopping drug abuse, to jettisoning old, unhelpful assumptions that the sole aim and only valid outcome of addiction treatment is abstinence – that is a sea change.

Today, treatment for addiction is not about abstinence, at least to federal and state government regulators and payers. Consider SAMHSA’s definition of recovery: “a process of change through which individuals improve their health and wellness; live a self-directed life; and strive to reach their full potential.” Millions of people subscribe to that definition, which does not include abstinence.

Additionally, to me, it also seems clear that what has historically been the cornerstone of the addiction treatment system – in Pennsylvania, all of the Department of Drug and Alcohol Program (DDAP)-licensed providers comprising all of the ASAM levels of care – is no longer viewed in the same way.

Physical health providers that treat with medicine and do not have a DDAP license are becoming central to treating addiction. To wit, DDAP recently issued a funding opportunity for “Integrated Health Solutions between Behavioral Health Care and Primary Physical Health Care.” DDAP-licensed providers cannot apply for the funding. Other recent funding opportunities, for harm reduction and recovery support, for example, also are not open to licensed treatment providers.

Harm reduction, recovery support, and crisis and drop-in centers are all being recognized as viable components of an evolving system. And certainly they are less costly than long-term treatment. The question is, “How effective are they compared to traditional forms of treatment?” Depends who you ask.

Call it a no-wrong-door approach, meeting people where they’re at, removing siloes, integration or coordination, but addiction treatment “proper” is no longer the center of addiction treatment.

I am not arguing that this expansion and evolution is wrong or misdirected. I would ask a few questions, though. How will “traditional” treatment providers react and evolve in response? And how adequately are regulators and payers supporting them in any transitions they expect to see? Do providers even feel they need to evolve away from their core mission? It would be interesting to get Coderre’s thoughts about this, as well as how he thinks he or someone with addiction as severe as his would fare in today’s treatment environment.

Tom, if you’re reading, we would be grateful for an opportunity to talk.

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The Pennsylvania Department of Drug and Alcohol Programs (DDAP) announced a joint initiative with Carlow and Waynesburg Universities to address the shortage of qualified addiction professionals within Pennsylvania’s behavioral health workforce.

Funded by DDAP, this pilot program will focus on the recruitment and retention of behavioral health professionals by providing financial assistance for participating students’ educational expenses. At its core, this initiative is designed to strengthen the substance use disorder (SUD) workforce pipeline by financially supporting master’s-level students at Carlow and Waynesburg Universities. Through the DDAP funding, both universities will offer tuition assistance, a stipend during the students’ practicum/internship with a community-based treatment provider, and additional SUD-related training offered by DDAP for students who qualify under each university’s respective programs.

Read the full press release.

The Pennsylvania Department of Drug and Alcohol Programs (DDAP) today issued Licensing Alert 08-2024 to detail the steps for SUD treatment providers to obtain a telehealth-only license from the department.

These DDAP-licensed telehealth-only providers may provide intake, evaluation, and referral, as well as outpatient or partial hospitalization services, via telehealth only without a physical plant location in Pennsylvania to individuals who are located in the commonwealth as long as the provider complies with all applicable federal, state, and local laws. Any DDAP-licensed provider can also provide some telehealth services as an option to in-person treatment. However, only a telehealth-only provider may provide 100 percent of its treatment services via telehealth.

DDAP will not require the provider to maintain a physical location in Pennsylvania. DDAP also will grant all telehealth-only providers an exception to § 709.11(b) regarding the requirement to conduct an onsite inspection for the renewal of a license as part of licensure.

Licensing Alert 08-2024 applies only to DDAP licensure. Providers that are considering applying for a telehealth-only license should consult their public and private insurance payers to confirm whether they will meet conditions for network enrollment and payment, as DDAP cannot guarantee a DDAP-licensed telehealth-only provider funding or a contract.

The full licensing alert provides additional information, including how to apply for the license.

Contact RCPA SUD Treatment Services Policy Director Jason Snyder with any questions.

The Pennsylvania Department of Drug and Alcohol Programs (DDAP) announced the availability of $2.5 million in grant funding for community-based organizations and public health programs to help improve Pennsylvanians’ access to existing substance use disorder (SUD) recovery houses that are licensed through DDAP.

Funding for these grants is provided from opioid settlement funding that was appropriated to DDAP by the General Assembly, which was the result of a multistate investigation of opioid manufacturers and distributors spearheaded by then-Attorney General Josh Shapiro that led to settlement agreements worth billions of dollars. That money is to be invested in opioid remediation programs and initiatives.

Read the full press release here.

Please reach out to RCPA SUD Policy Director Jason Snyder with any questions.

The Department of Drug and Alcohol Programs (DDAP) announced an investment of nearly $20 million for 12 Pennsylvania organizations to expand drop-in center services for individuals with substance use disorders (SUD) across Pennsylvania. Funding for these grants is provided, in part, from the portion of opioid settlement funding that was appropriated to DDAP by the General Assembly for the 2023/24 fiscal year.

All awardees have at least two years of experience providing SUD prevention, intervention, harm reduction, treatment, recovery support services, drop-in center services, and/or relevant services, and have the capacity to provide drop-in center services to individuals with opioid use disorder and other SUDs. In addition, these grants are also designed to support the delivery of services to address stimulant misuse and use disorders, including cocaine and methamphetamines. DDAP is awarding 12 grants of up to $1,875,000 each for a 29-month period from February 1, 2025 through June 30, 2027.

Read the full press release here.

Please reach out to RCPA SUD Policy Director Jason Snyder with any questions.

The Department of Drug and Alcohol Programs (DDAP) has published a survey titled “Family Members Training Needs” to hear about the training and educational needs of family members or significant others whose loved one may be struggling with drug or alcohol use, receiving substance use disorder (SUD) treatment, or in recovery. DDAP is also seeking to learn more about how to improve the navigation of the SUD services system. The survey should be completed no later than January 6, 2025.

DDAP encourages both those who have someone close to them struggling with SUD and those who do not have someone close to them but who are interested in learning more about educational opportunities to complete the survey.

The Pennsylvania Department of Drug and Alcohol Programs (DDAP), in partnership with Penn State Harrisburg’s Douglas W. Pollock Center for Addiction Outreach and Research, Shatterproof, and PGP, also known as The Public Good Projects, announced findings from the fourth year of the Life Unites Us campaign, an evidence-based approach to reducing the stigma of substance use disorder (SUD).

During its fourth year, the campaign served over nine million impressions to almost two million Pennsylvanians with information and messaging to encourage stigma reduction.Life Unites Us is a people-forward, research-driven campaign that DDAP launched in September 2020. The campaign utilizes social media to spread stories of individuals in recovery, their family members, and allies who support those with SUD. Additionally, the campaign gives local organizations an opportunity to learn through webinars, fosters community partnerships to promote recovery-focused support at the local level, and maintains an interactive data dashboard detailing the campaign’s progress.

Read the complete press release here.

For more information, contact RCPA Substance Use Disorder Treatment Services Director Jason Snyder.

Despite opposition and concerns from substance use disorder (SUD) treatment providers, single county authorities, primary contractors, and behavioral health managed care organizations, the Pennsylvania Department of Drug and Alcohol Programs (DDAP) will begin licensing telehealth-only SUD treatment providers.

DDAP will issue a licensing alert on Wednesday, December 4, detailing the new licensure category.

Organizations newly licensed under this tele-only category will be able to provide intake, evaluation, and referral services, as well as outpatient treatment, including partial hospitalization services, via telehealth only, without a physical plant location in Pennsylvania.

DDAP’s intention in licensing telehealth-only providers is to hold them to the same standards as facility-based providers as a way to ensure equity and maintain operational standards. DDAP will continue to monitor complaints and unusual incidents for all licensed providers, as well as the number of telehealth-only license applications that are made over time, looking for any trends that could require additional action.

RCPA and its provider members opposed creation of the new license, citing patient safety and quality concerns, as well as potential erosion of the community-based provider system. RCPA hosted DDAP for a discussion about its concerns, met one-on-one with the department, and provided written feedback to DDAP. In addition, RCPA met with the governor’s Policy Office, to discuss provider concerns.

DDAP will attend RCPA’s next SUD Committee meeting at 11:00 am on Tuesday, December 10. RCPA has asked DDAP to discuss the new license category. RCPA members wanting to attend this meeting can register here.