Bass, Berry & Sims attorney Brian Irving was quoted in a Law360 Healthcare Authority article examining the recent indictment against two executives of Done Global Inc. accused of defrauding government programs by improperly providing Adderall via telehealth visits. While the government has brought other criminal fraud charges involving telemedicine, this case is distinct because it is the first telemedicine prosecution involving the allegedly improper prescribing of controlled substances.
Brian said the case illustrates how prosecutors are expanding enforcement “against all actors” in the drug distribution chain and going well beyond opioids, a familiar target over the last decade. “This case stands out because the government has brought criminal charges — the government’s most powerful enforcement tool — related to the prescribing of Adderall and other stimulants via telemedicine,” he said.
Shortly after these charges were announced, the Centers for Disease Control and Prevention (CDC) issued a Health Alert warning about potential disruption of treatment and access to care that could affect 30,000 to 50,000 patients of Done and other subscription-based telehealth platforms. Brian added that the CDC alert “points to a tension in the Done case. The government alleges that Done provided improper Adderall prescriptions,” he said. “Yet it also acknowledges that Done’s patients need that medication.”
The full article, “Adderall Indictment Shows DOJ Focus on Telehealth Drugs,” was published June 18 by Law360 Healthcare Authority and is available online (subscription required).
Brian is the Co-Chair of the firm’s Controlled Substances Enforcement & Diversion practice. For more information about these topics, check out the firm’s recent webinar Legal Rx: How to Navigate Controlled Substances Enforcement & Diversion.