Report: Telehealth Company's Prescribing Practices Come Under DEA Scrutiny

Telemental health company Done Health is facing federal scrutiny over its prescribing practices for controlled substances, according to The Wall Street Journal.

The report states that the US Drug Enforcement Administration is questioning people within the company about these practices, following rising concerns that Done, along with another telemental health company Cerebral, may have been overprescribing controlled medications to treat behavioral health issues.

Done offers treatments for attention-deficit/hyperactivity disorder (ADHD), including virtual appointments and prescriptions for ADHD medication like Adderall, which is a controlled substance.

Earlier this year, the Journal reported that workers at Cerebral and Done felt pressure to prescribe ADHD drugs.

Further, CVS Health and Walmart announced in May that they would no longer fill prescriptions for controlled substances provided by Cerebral and Done.

In response to a request for comment on the Journal report, Done said it had not received any notifications from the DEA, Department of Justice, or any other federal agency regarding an investigation.

"Done is committed to providing high-quality psychiatric chronic care management to our members while complying with all applicable laws and regulations," a statement emailed to mHealthIntelligence reads.

The report of the investigation comes amid industry calls to permanently eliminate the in-person requirements of the Ryan Haight Online Pharmacy Consumer Protection Act.

The act, which requires healthcare practitioners to conduct in-person medical evaluations before issuing prescriptions for controlled substances, was temporarily lifted during the COVID-19 public health emergency.

Several telemental health companies have availed of this flexibility. Many healthcare stakeholders, including the American Telemedicine Association and the American Psychiatric Association, have been vocal proponents of permanently lifting the act's requirements to ease access to care. US Senators have also joined the calls to remove the potential barrier to substance use disorder treatment created by the act.

But over the course of 2022, the prescribing practices of Cerebral and Done have sparked growing concerns and legal backlash.  

A former Cerebral executive filed a lawsuit in April alleging that the company "planned to increase customer retention" by prescribing stimulants to all of its ADHD patients, according to Bloomberg Law. In July, the Federal Trade Commission announced that it would investigate whether Cerebral engaged in deceptive advertising or marketing practices. This came after the company received a grand jury subpoena related to a federal investigation into its potential violations of the Controlled Substances Act, Bloomberg reported.

While Cerebral previously said in a statement to mHealthIntelligence that it would stop prescribing most controlled substances except for those that treat opioid use disorders, Done said it would continue to prescribe controlled medications.