Bindinglaw

US · guidance

CMS Pub. 100-04, ch. 17, § 40.1

Discarded Erythropoietin Stimulating Agents for Home Dialysis

activein force · 2026-08-25 – presentas-observed

Multiuse vials are not subject to payment for discarded amounts of drug or biological, with the

exception of self administered erythropoietin stimulating agents (ESAs) by Method I home dialysis

patients. The renal facility must bill the program using the modifier JW for the amount of ESAs

appropriately discarded if the home dialysis patient must discard a portion of the ESA supply due to

expiration of a vial, because of interruption in the patient’s plan of care, or unused ESAs on hand after a

patient’s death. Specific instructions are found in chapter 8 of this manual, §60.4.4.1 “Self

Administered EPO Supply”, and §60.7.4 “Darbepoetin Alfa (Aranesp) Furnished to Home Patients”.

This applies only to home dialysis patients who meet the Method I conditions described in Pub 100-2

Benefits Policy Manual, chapter 11, §90 “Epoetin (EPO)”, and does not apply to Method II home

dialysis patients.

Supplies of ESAs for self administration are billed according to the pre-determined plan of care

schedule provided to home dialysis patients that meet the criteria for self administered ESAs discussed

in chapter 8 of this manual, §60.4 “Epoetin Alfa (EPO) For ESRD Patients” and §60.7 “Darbepoetin

Alfa (Aranesp) for ESRD Patients”. The renal facility, through the amounts prescribed in the plan of

care, shall ensure the patient’s ESA on hand at any time does not exceed a 2-month supply. CMS

expects the facility to minimize excess dispensing of the ESAs for self administration based on the

patient’s plan of care.

History

(Rev. 1581; Issued: 08-29-08; Effective/Implementation Date: 12-01-08)

Provenance

Source
cms.gov
Retrieved
2026-08-25
Edition
iom-2026-08-25
Content hash
269b7bfe1990ff2b5c562c8408f0a92ef54d586a73ee0e2b2d6029936f178c86
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.