Drugs and Biologicals –
Chemotherapeutic – 4I-92AB-R31
Contractor’s Determination Number
4I-92AB
Contractor Name
TrailBlazer Health Enterprises
Contractor Number
Contractor Type
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Primary Geographic Jurisdiction
Oversight Region
Original Article Effective Date
03/01/2008
03/21/2008
06/13/2008
Article Revision Effective Date
07/01/2012
Article Ending Effective Date
N/A
Article Text
Abstract
The related LCD explains the coverage criteria for drugs and biologicals used in the treatment of cancer and immune deficiency syndromes as well as certain other acute and chronic conditions. The agents discussed in the related LCD in no way constitute a complete list of drugs and biologicals covered by Medicare. The related LCD has been promulgated to establish the clinical conditions for which the included chemotherapeutic drugs are considered to be medically reasonable and necessary and thus, covered by Medicare.
Note: The related LCD and this Article do NOT describe drug and biological coverage under the Medicare Part D benefit.
The Medicare Benefit Policy Manual – Pub. 100-02, Chapter 15, Section 50, references national policy regarding Medicare coverage for drugs and biologicals as given below:
50. – Drugs and Biologicals Coverage Requirements
Generally, drugs and biologicals are covered only if all the following requirements are met:
50.1 – Definition of Drug or Biological
Drugs and biologicals must be determined to meet the statutory definition. Under the statute Section 1861(t)(1), payment may be made for a drug or biological only where it is included, or approved for inclusion, in the latest official edition of the United States Pharmacopoeia–National Formulary (USP-NF), the United States Pharmacopoeia–Drug Information (USD DI), or the American Dental Association (ADA) Guide to Dental Therapeutics, except for those drugs and biologicals unfavorably evaluated in the ADA Guide to Dental Therapeutics. The inclusion of an item in the USP DI does not necessarily mean that the item is a drug or biological. The USP DI is a database of drug information developed by the U.S. Pharmacopoeia but maintained by Micromedex®, which contains medically accepted uses for generic and brand name drug products. Inclusion in such reference (or approval by a hospital committee) is a necessary condition for a product to be considered a drug or biological under the Medicare program; however, it is not enough. Rather, the product must also meet all other program requirements to be determined to be a drug or biological. Combination drugs are also included in the definition of drugs if the combination itself or all the therapeutic ingredients of the combination are included, or approved for inclusion, in any of the above drug compendia.
Drugs and biologicals are considered approved for inclusion in a compendium if approved under the established procedure by the professional organization responsible for revision of the compendium.
50.4.1 – Approved Use of Drug
Use of the drug or biological must be safe and effective and otherwise reasonable and necessary. (See the Medicare Benefit Policy Manual, Chapter 16, “General Exclusions from Coverage,” Section 20.) Drugs or biologicals approved for marketing by the Food and Drug Administration (FDA) are considered safe and effective for purposes of this requirement when used for indications specified on the labeling. Therefore, the program may pay for the use of an FDA-approved drug or biological, if:
The contractor will deny coverage for drugs and biologicals which have not received final marketing approval by the FDA unless it receives instructions from CMS to the contrary. For specific guidelines on coverage of Group C cancer drugs, see the Medicare National Coverage Determinations Manual. If there is reason to question whether the FDA has approved a drug or biological for marketing, the contractor must obtain satisfactory evidence of the FDA’s approval.
Acceptable evidence includes:
Or,
50.4.3 – Examples of Not Reasonable and Necessary
50.4.5 – Off-Label Use of Drugs and Biologicals in an Anti-Cancer Chemotherapeutic Regimen
A. Effective January 1, 1994, off-label, medically accepted indications of Food and Drug Administration (FDA)-approved drugs and biologicals used in an anti-cancer chemotherapeutic regimen are identified under the conditions described below. A regimen is a combination of anti-cancer agents clinically recognized for the treatment of a specific type of cancer. Off-label, medically accepted indications are supported in either one or more of the compendia or in peer-reviewed medical literature. The contractor may maintain its own subscriptions to the listed compendia or peer-reviewed publications to determine the medically accepted indication of drugs or biologicals used off-label in an anti-cancer chemotherapeutic regimen. Compendia documentation or peer-reviewed literature supporting off-label use by the treating physician may also be requested of the physician by the contractor. An example of a drug regimen is: Cyclophosphamide + vincristine + prednisone (CVP) for non-Hodgkin’s lymphoma.
B. Contractors must not deny coverage based solely on the absence of FDA-approved labeling for the use, if the use is supported by any of the following compendia and the use is not listed as unsupported, not indicated, not recommended, or equivalent terms, in any of the following compendia (see note at the end of this subsection):
Drug monographs are arranged in alphabetical order within therapeutic classifications. Within the text of the monograph, information concerning indications is provided, including both labeled and unlabeled uses. Unlabeled uses are identified with daggers. The text must be analyzed to make a determination whether a particular use is supported.
NCCN Compendium lists appropriate uses of agents as derived from the NCCN Clinical Practice Guidelines in Oncology™. Indicated uses are categorized in a systematic approach that describes the type of evidence available for and the degree of consensus underlying each recommendation. Both FDA-approved uses and appropriate uses beyond the FDA-approved label are included. Indications are categorized as “Recommended,” “Not Recommended” or “Equivocal.”
DrugDex ® stratifies drugs into “classes” of medically accepted indications. These “classes” are as follows:
Clinical Pharmacology provides information on drugs and their indications. Notes are included regarding whether the drug is “not recommended,” the evidence is “unsupportive” or the peer-reviewed medical literature, related to an indication, is “inconclusive.”
Use of Compendia:
The listed compendia employ various rating and recommendation systems that may not be readily cross-walked from compendium to compendium. In general, a use is identified by a compendium as medically accepted if the:
1.
Indication is a Category 1 or 2A in NCCN, or Class I, Class IIa
or Class IIb in DrugDex.
Or,
2. Narrative text in AHFS-DI or Clinical Pharmacology is supportive.
A use is not medically accepted by
a compendium if the:
1. Indication is a Category 3 in NCCN or a Class III in DrugDex.
Or,
2. Narrative text in AHFS or Clinical Pharmacology is “not supportive.”
The complete absence of narrative
text on a use is considered neither supportive nor non-supportive.
C. A Use Supported by Clinical Research That Appears in Peer-Reviewed Medical Literature
Contractors may also identify off-label uses that are supported by clinical research under the conditions identified in this section. Peer-reviewed medical literature may appear in scientific, medical and pharmaceutical publications in which original manuscripts are published, only after having been critically reviewed for scientific accuracy, validity and reliability by unbiased, independent experts prior to publication. In-house publications of entities whose business relates to the manufacture, sale or distribution of pharmaceutical products are excluded from consideration. Abstracts (including meeting abstracts) are excluded from consideration.
In determining whether an off-label use is supported, the contractors will evaluate the evidence in published, peer-reviewed medical literature listed below. When evaluating this literature, they will consider (among other things) the following:
The contractor will consider:
The contractor will use peer-reviewed medical literature appearing in the regular editions of the following publications, not to include supplement editions privately funded by parties with a vested interest in the recommendations of the authors:
The contractor is not required to maintain copies of these publications. If a claim raises a question about the use of a drug for a purpose not included in the FDA approved labeling or the compendia, the carrier will ask the physician to submit copies of relevant supporting literature.
D. FDA-approved drugs and biologicals may also be considered for use in the determination of medically accepted indications for off-label use if determined by the contractor to be reasonable and necessary.
Note: If a use is identified as not indicated by CMS or the FDA, or if a use is specifically identified as not indicated in one or more of the compendia listed, or if the contractor determines, based on peer-reviewed medical literature, that a particular use of a drug is not safe and effective, the off-label usage is not supported and, therefore, the drug is not covered.
Note: The decision that a drug is “medically accepted” for a particular indication is a separate decision from whether that drug is “reasonable and necessary” for use in a given patient.
50.4.6 – Less-Than-Effective Drug
This
is a drug that has been determined by the FDA to lack substantial evidence of
effectiveness for all labeled indications. Also, a drug that has been the
subject of a Notice of an
Part A Program Instructions:
Reasons for Denial
LCD Individual Consideration
Instructions
Individual consideration for coverage of a denied drug and related services may be given for that described in the LCD “Limited Coverage” section. Medical records and other supporting documents must be submitted when requesting a redetermination that describes the coding difficulty encountered and the medical necessity of the drug used in relation to the cancer being treated. The redetermination submission must have “LCD INDIVIDUAL CONSIDERATION REQUEST” indicated on the request form to receive individual consideration.
Coding Guidelines
*Note: Do not place the GZ modifier on the related claim line(s) of a drug that is anticipated will be covered on an individual consideration basis (see “Individual Consideration” section described in the LCD for details).
· See also Bill Type and Revenue Code sections below.
Coding Services Not Separately Billable
Coding Drug Wastage (JW Modifier)
Medicare
provides payment for the discarded drug/biological remaining in a single-use
drug product after administering what is reasonable and necessary for the
patient’s condition. If the physician has made good faith efforts to minimize
the unused portion of the drug/biological in how patients are scheduled and how
he ordered, accepted, stored and used the drug and made good faith efforts to
minimize the unused portion of the drug in how it is supplied, then the program
will cover the amount of drug discarded along with the amount administered. If
after taking the above measures a portion of the single-use vial must be discarded,
CPT/HCPCS modifier JW may be used to indicate the drug amount
discarded/not administered to any patient. The amount administered and the amount wasted must be billed on the same claim. The amount administered must be on
a separate detail line from the amount wasted, indicated with the modifier JW
(when applicable). The modifier JW would not be used for claim
billings when the actual dose of the drug/biological administered is less than
the billing unit established by CPT/HCPCS
description (e.g., the description of the CPT/HCPCS code already
includes the amount administered along with the amount wasted. Example: 75 mg
of meperidine HCl (J2175, meperidine hydrochloride, per 100 mg) is
administered. Bill CPT/HCPCS
code J2175 quantity “1.” Payment will be provided for J2175, 100 mg, which
includes the amount administered (75 mg) and the amount discarded (25 mg)). Please
reference “Drug Wastage” at http://www.trailblazerhealth.com/Publications/Job%20Aid/Drug%20Wastage.pdf
for
examples of determining the correct way of billing drug wastage to Medicare.
Coding Colorectal Anti-Cancer Drug Claims Included in Clinical Trials (J9035, J9055, J9190, J9201, J9206, J9263)
Part B Program Instructions:
Reasons for Denial
LCD Individual Consideration
Instructions
Individual consideration for coverage of a denied drug and related services may be given for that described in the LCD “Limited Coverage” section. Medical records and other supporting documents must be submitted when requesting a redetermination that describes the coding difficulty encountered and the medical necessity of the drug used in relation to the cancer being treated. The redetermination submission must have “LCD INDIVIDUAL CONSIDERATION REQUEST” indicated on the request form to receive individual consideration.
Coding Guidelines
*Note: Do not place the GZ modifier on the related claim line(s) of a drug that is anticipated will be covered on an individual consideration basis (see “Individual Consideration” section described in the LCD for details).
Coding Services Not Separately Billable
Coding Drug Wastage (JW Modifier)
Medicare provides payment for the discarded drug/biological remaining in a single-use drug product after administering what is reasonable and necessary for the patient’s condition. If the physician has made good faith efforts to minimize the unused portion of the drug/biological in how patients are scheduled and how he ordered, accepted, stored and used the drug and made good faith efforts to minimize the unused portion of the drug in how it is supplied, then the program will cover the amount of drug discarded along with the amount administered. If after taking the above measures a portion of the single-use vial must be discarded, CPT/HCPCS modifier JW may be used to indicate the drug amount discarded/not administered to any patient. The amount administered and the amount wasted must be billed on the same claim. The amount administered must be on a separate detail line from the amount wasted, indicated with the modifier JW (when applicable). The modifier JW would not be used for claim billings when the actual dose of the drug/biological administered is less than the billing unit established by CPT/HCPCS description (e.g., the description of the CPT/HCPCS code already includes the amount administered along with the amount wasted. Example: 75 mg of meperidine HCl (J2175, meperidine hydrochloride, per 100 mg) is administered. Bill CPT/HCPCS code J2175 quantity “1.” Payment will be provided for J2175, 100 mg, which includes the amount administered (75 mg) and the amount discarded (25 mg)). Please reference “Drug Wastage” at http://www.trailblazerhealth.com/Publications/Job%20Aid/Drug%20Wastage.pdf for examples of determining the correct way of billing drug wastage to Medicare.
Coding Colorectal Anti-Cancer Drug Claims Included in Clinical Trials (J9035, J9055, J9190, J9201, J9206, J9263)
Bill
Type Codes
Contractors
may specify Bill Types to help providers identify those Bill Types typically
used to report this service. Absence of a Bill Type does not guarantee that the
policy does not apply to that Bill Type. Complete absence of all Bill Types
indicates that coverage is not influenced by Bill Type and the policy should be
assumed to apply equally to all claims.
11X, 12X, 13X, 18X, 21X, 22X, 23X, 71X, 72X, 73X, 74X, 75X, 77X, 83X, 85X
Bill
Type Note: Code 73X end-dated
for Medicare use March 31, 2010; code 77X effective for dates of service on or
after April 1, 2010.
Revenue Codes
Contractors may specify
Revenue Codes to help providers identify those Revenue Codes typically used to
report this service. In most instances Revenue Codes are purely advisory;
unless specified in the policy services reported under other Revenue Codes are
equally subject to this coverage determination. Complete absence of all Revenue
Codes indicates that coverage is not influenced by Revenue Code and the policy
should be assumed to apply equally to all Revenue Codes.
Note: TrailBlazer has identified the Bill Type and Revenue Codes applicable for use with CPT/HCPCS codes included in this policy. Providers are reminded that not all CPT/HCPCS codes listed can be billed with all Bill Type and/or Revenue Codes listed. CPT/HCPCS codes are required to be billed with specific Bill Type and Revenue Codes. Providers are encouraged to refer to the CMS Internet-Only Manual (IOM) Pub. 100-04, Claims Processing Manual, for further guidance.
0250,
0636
CPT/HCPCS Codes
LIST A:
Note: Limited coverage is being established for the drugs included in List A.
Note: |
Providers are reminded to refer to the long descriptors of the CPT codes in their CPT books. The American Medical Association (AMA) and CMS require the use of short CPT descriptors in policies published on the Web. |
C9257 |
Injection, bevacizumab, 0.25 mg (OPPS and ASC) |
J0894 |
Injection, decitabine, 1 mg |
J9010 |
Injection, alemtuzumab, 10 mg |
J9015 |
Injection, aldesleukin, per single use vial |
J9017 |
Injection, arsenic trioxide, 1 mg |
J9025 |
Injection, azacitidine, 1 mg |
J9033 |
Injection, bendamustine hcl, 1 mg |
J9035 |
Injection, bevacizumab, 10 mg |
J9041 |
Injection, bortezomib, 0.1 mg |
J9043 |
Injection, cabazitaxel, 1mg |
J9155 |
Injection, degarelix, 1 mg |
J9171 |
Injection, docetaxel, 1 mg |
J9179 |
Injection, eribulin mesylate, 0.1 mg |
J9201 |
Injection, gemcitabine hydrochloride, 200 mg |
J9206 |
Injection, irinotecan, 20 mg |
J9207 |
Injection, ixabepilone, 1 mg |
J9214 |
Injection, interferon alfa-2B, recombinant, 1 million units |
J9228 |
Injection, ipilimumab, 1mg |
J9263 |
Injection, oxaliplatin, 0.5 mg |
J9264 |
Injection, paclitaxel protein-bound particles, 1 mg |
J9265 |
Injection, paclitaxel, 30 mg |
J9302 |
Injection, ofatumumab, 10 mg (for DOS on or after January 1, 2011; for DOS before 2011, use CPT/HCPCS code J9999 to identify ofatumumab) |
J9305 |
Injection, pemetrexed, 10 mg |
J9310 |
Injection, rituximab, 100 mg |
J9315 |
Injection, romidepsin, 1 mg |
J9330 |
Injection, temsirolimus, 1 mg |
J9351 |
Injection,
topotecan, 0.1mg |
J9355 |
Injection, trastuzumab 10 mg |
J9395 |
Injection, fulvestrant, 25 mg |
J9999 |
Not otherwise classified, antineoplastic drug |
Q2048 |
Injection, doxorubicin hydrochloride, liposomal, Doxil®, 10 mg |
Q2049 |
Injection, doxorubicin hydrochloride, liposomal, imported Lipodox®, 10 mg |
LIST
B:
Note: The contractor expects that the use of these drugs will be reasonable and necessary.
J9000 |
Injection, doxorubicin hydrochloride [Adriamycin], 10 mg |
J9020 |
Injection, asparaginase, 10,000 units |
J9027 |
Injection, clofarabine, 1 mg |
J9031 |
BCG live (intravesical), per installation |
J9040 |
Injection, bleomycin sulfate, [Blenoxane], 15 units |
J9045 |
Injection, carboplatin, [Paraplatin], 50 mg |
J9050 |
Injection, carmustine, [BiCNU], 100 mg |
J9055 |
Injection, cetuximab, 10 mg |
J9060 |
Injection, cisplatin, [Platinol], powder or solution, 10 mg |
J9065 |
Cladribine, per 1 mg |
J9070 |
Cyclophosphamide, 100 mg |
J9098 |
Injection, cytarabine liposome, 10 mg |
J9100 |
Injection, cytarabine, 100 mg |
J9120 |
Injection, dactinomycin, 0.5 mg |
J9130 |
Dacarbazine, 100 mg |
J9150 |
Injection, daunorubicin HCl, 10 mg |
J9151 |
Injection, daunorubicin citrate, liposomal formulation, 10 mg |
J9160 |
Injection, denileukin diftitox 300 micrograms |
J9165 |
Injection, diethylstilbestrol diphosphate, 250 mg |
J9178 |
Injection, epirubicin HCl, 2 mg |
J9181 |
Injection, etoposide, [VePesid], 10 mg |
J9185 |
Injection, fludarabine phosphate, 50 mg |
J9190 |
Injection, fluorouracil, 500 mg |
J9200 |
Injection, floxuridine, 500 mg |
J9208 |
Injection, ifosfamide, per 1 gram |
J9209 |
Injection, mesna, 200 mg |
J9211 |
Injection, idarubicin HCl, 5 mg |
J9215 |
Injection, interferon alfa-N3, (human leukocyte derived), 250,000 IU |
J9230 |
Injection, mechlorethamine HCl, (nitrogen mustard), 10 mg |
J9245 |
Melphalan HCl, 50 mg |
J9250 |
Methotrexate sodium, 5 mg |
J9260 |
Methotrexate sodium, 50 mg |
J9261 |
Injection, nalarabine, 50 mg |
J9266 |
Injection, pegaspargase, per single dose vial |
J9268 |
Injection, pentostatin, 10 mg |
J9270 |
Injection, plicamycin, 2.5 mg |
J9280 |
Mitomycin, 5 mg |
J9293 |
Injection, mitoxantrone HCl, per 5 mg |
J9300 |
Injection, gemtuzumab ozogamicin, 5 mg |
J9303 |
Injection, panitumumab, 10 mg |
J9320 |
Injection, streptozin, 1 gram |
J9340 |
Injection, thiotepa, 15 mg |
J9357 |
Injection, valrubicin, intravesical, 200 mg |
J9360 |
Injection, vinblastine sulfate, 1 mg |
J9370 |
Vincristine sulfate, [Oncovin]; 1 mg |
J9390 |
Injection, vinorelbine tartrate, per 10 mg |
J9600 |
Injection, porfimer sodium, [Photofrin],
75 mg |
Other Comments
Requests to establish coverage for a new FDA-approved drug must include:
1. A letter addressed to “Medicare Medical Director” from a Medicare provider/physician currently practicing within the TrailBlazer Health Enterprises (TrailBlazer) service area.
2. A copy of the FDA approval letter.
3. A copy of the package insert.
Or,
4. A Medicare claim submitted with an NOC code (e.g., J3490 for Part B; C9399 for Part A) used to indicate the new FDA-approved drug. The name of the drug, amount administered and route of administration must be given in CMS-1500 claim form Item 19 or electronic equivalent. The ICD-9-CM diagnosis code used on the claim must indicate the condition treated with the drug billed.
Note: All claims will be reviewed internally for appropriateness of use per the above referenced criteria.
Requests to expand coverage for an additional indication(s) or off-label use of an FDA-approved anti-neoplastic drug must include:
1. A letter addressed to “Medicare Medical Director” from a Medicare provider/physician currently practicing within the TrailBlazer service area.
2. A copy of the approved drug indication information from at least one of the following drug compendia:
Or,
3. A copy of current scientific or peer-reviewed literature.
Note: Trial studies submitted should definitively demonstrate safety and effectiveness supporting the request and must have been published in one of the CMS-approved journals (see list in the CMS Medicare Benefit Policy Manual – Pub. 100-02, Chapter 15, Section 50.4.5.D). Do not submit abstracts or summary materials obtained from the manufacturer.
When the Medicare contractor is requested by a physician or physician group to cover an unlabeled use for a non-self-administered drug, the request should be accompanied by evidence that the unlabeled use is listed in one of the drug compendia listed above or by pertinent peer-reviewed literature that meets the specifications listed above. Note that evidence from Phase I or limited Phase II studies does not qualify a drug for coverage by Medicare. After such evidence is received, the contractor will, with the help of specialty-specific consultants, make a coverage determination for the unlabeled use of the drug.
Contractor Use of Compendia: The listed compendia employ various rating and recommendation systems that may not be readily cross-walked from compendium to compendium. In general, a use is identified by a compendium as medically accepted if the:
1. Indication is a Category 1 or 2A in NCCN, or Class I, Class IIa or Class IIb in DrugDex.
Or,
2. Narrative text in AHFS-DI or Clinical Pharmacology is supportive.
A use is not medically
accepted by a compendium if the:
1.
Indication is a Category 3 in NCCN or a Class III in DrugDex.
Or,
2. Narrative text in AHFS or Clinical Pharmacology is “not supportive.”
The complete absence of narrative text on a use is considered neither supportive nor non-supportive.
Mail requests to:
Medicare Medical Directors
Executive Center III
8330 LBJ Freeway
Or
Fax: (469) 372-2649
All requests will be handled in date order. Requests can be handled more rapidly if information from all four compendia is received. Action on a request can usually be expected within 30 days.