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  <FDSYS>
    <CFRTITLE>42</CFRTITLE>
    <CFRTITLETEXT>Public Health</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2005-10-01</DATE>
    <ORIGINALDATE>2005-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Condition: Minimal service requirements for a renal dialysis facility or renal dialysis center.</TITLE>
    <GRANULENUM>405.2163</GRANULENUM>
    <HEADING>Section 405.2163</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 42" SEQ="4">Public Health</PARENT>
      <PARENT HEADING="CHAPTER IV" SEQ="3">CENTERS FOR MEDICARE&amp; MEDICAID SERVICES,DEPARTMENT OF HEALTH ANDHUMAN SERVICES</PARENT>
      <PARENT HEADING="SUBCHAPTER B" SEQ="2">MEDICARE PROGRAM</PARENT>
      <PARENT HEADING="PART 405" SEQ="1">FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED</PARENT>
      <PARENT HEADING="Subpart U" SEQ="0">Conditions for Coverage of Suppliers of End-Stage Renal Disease (ESRD) Services</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 405.2163</SECTNO>
    <SUBJECT>Condition: Minimal service requirements for a renal dialysis facility or renal dialysis center.</SUBJECT>
    <P>The facility must provide dialysis services, as well as adequate laboratory, social, and dietetic services to meet the needs of the ESRD patient.</P>
    <P>(a) <E T="03">Standard: Outpatient dialysis services—</E>(1) <E T="03">Staff-assisted dialysis services.</E> The facility must provide all necessary institutional dialysis services and staff required in performing the dialysis.</P>
    <P>(2) <E T="03">Self-dialysis services.</E> If the facility offers self-dialysis services, it must provide all medically necessary supplies and equipment and any other service specified in the facility's patient care policies.</P>
    <P>(b) <E T="03">Standard: Laboratory services.</E> The dialysis facility makes available laboratory services (other than the specialty of tissue pathology and histocompatibility testing), to meet the needs of the ESRD patient. All laboratory services must be performed by an appropriately certified laboratory in <PRTPAGE P="228"/>accordance with part 493 of this chapter. If the renal dialysis facility furnishes its own laboratory services, it must meet the applicable requirements established for certification of laboratories found in part 493 of this chapter. If the facility does not provide laboratory services, it must make arrangements to obtain these services from a laboratory certified in the appropriate specialties and subspecialties of service in accordance with the requirements of part 493 of this chapter.</P>
    <P>(c) <E T="03">Standard: Social services.</E> Social services are provided to patients and their families and are directed at supporting and maximizing the social functioning and adjustment of the patient. Social services are furnished by a qualified social worker (§ 405.2102) who has an employment or contractual relationship with the facility. The qualified social worker is responsible for conducting psychosocial evaluations, participating in team review of patient progress and recommending changes in treatment based on the patient's current psychosocial needs, providing casework and groupwork services to patients and their families in dealing with the special problems associated with ESRD, and identifying community social agencies and other resources and assisting patients and families to utilize them.</P>
    <P>(d) <E T="03">Standard: Dietetic services.</E> Each patient is evaluated as to his nutritional needs by the attending physician and by a qualified dietician (§ 405.2102) who has an employment or contractual relationship with the facility. The dietician, in consultation with the attending physician, is responsible for assessing the nutritional and dietetic needs of each patient, recommending therapeutic diets, counseling patients and their families on prescribed diets, and monitoring adherence and response to diets.</P>
    <P>(e) <E T="03">Standard: Self-dialysis support services.</E> The renal dialysis facility or center furnishing self-dialysis training upon completion of the patient's training, furnishes (either directly, under agreement or by arrangement with another ESRD facility) the following services:</P>
    <P>(1) Surveillance of the patient's home adaptation, including provisions for visits to the home or the facility;</P>
    <P>(2) Consultation for the patient with a qualified social worker and a qualified dietitian;</P>
    <P>(3) A recordkeeping system which assures continuity of care;</P>
    <P>(4) Installation and maintenance of equipment;</P>
    <P>(5) Testing and appropriate treatment of the water; and</P>
    <P>(6) Ordering of supplies on an ongoing basis.</P>
    <P>(f) <E T="03">Standard: Participation in recipient registry.</E> The dialysis facility or center participates in a patient registry program with an OPO designated or redesignated under part 486, subpart G of this chapter, for patients who are awaiting cadaveric donor transplantation.</P>
    <P>(g) <E T="03">Use of EPO at home: Patient selection.</E> The dialysis facility, or the physician responsible for all dialysis-related services furnished to the patient, must make a comprehensive assessment that includes the following:</P>
    <P>(1) <E T="03">Pre-selection monitoring.</E> The patient's hematocrit (or hemoglobin), serum iron, transferrin saturation, serum ferritin, and blood pressure must be measured.</P>
    <P>(2) <E T="03">Conditions the patient must meet.</E> The assessment must find that the patient meets the following conditions:</P>
    <P>(i) On or after July 1, 1991, is a home dialysis patient or, on or after January 1, 1994, is a dialysis patient;</P>
    <P>(ii) Has a hematocrit (or comparable hemoglobin level) that is as follows:</P>
    <P>(A) For a patient who is initiating EPO treatment, no higher than 30 percent unless there is medical documentation showing the need for EPO despite a hematocrit (or comparable hemoglobin level) higher than 30 percent. (Patients with severe angina, severe pulmonary distress, or severe hypertension may require EPO to prevent adverse symptoms even if they have higher hematocrit or hemoglobin levels.)</P>
    <P>(B) For a patient who has been receiving EPO from the facility or the physician, between 30 and 33 percent.</P>
    <P>(iii) Is under the care of—</P>

    <P>(A) A physician who is responsible for all dialysis-related services and who <PRTPAGE P="229"/>prescribes the EPO and follows the drug labeling instructions when monitoring the EPO home therapy; and</P>
    <P>(B) A renal dialysis facility that establishes the plan of care and monitors the progress of the home EPO therapy.</P>
    <P>(3) <E T="03">Conditions the patient or the patient's caregiver must meet.</E> The assessment must find that the patient or a caregiver who assists the patient in performing self-dialysis meets the following conditions:</P>
    <P>(i) Is trained by the facility to inject EPO and is capable of carrying out the procedure.</P>
    <P>(ii) Is capable of reading and understanding the drug labeling.</P>
    <P>(iii) Is trained in, and capable of observing, aseptic techniques.</P>
    <P>(4) <E T="03">Care and storage of drug.</E> The assessment must find that EPO can be stored in the patient's residence under refrigeration and that the patient is aware of the potential hazard of a child's having access to the drug and syringes.</P>
    <P>(h) <E T="03">Use of EPO at home: Responsibilities of the physician or the dialysis facility.</E> The patient's physician or dialysis facility must—</P>
    <P>(1) Develop a protocol that follows the drug label instructions;</P>
    <P>(2) Make the protocol available to the patient to ensure safe and effective home use of EPO; and</P>
    <P>(3) Through the amounts prescribed, ensure that the drug “on hand” at any time does not exceed a 2-month supply.</P>
    <CITA>[43 FR 48953, Oct. 19, 1978, as amended at 51 FR 30362, Aug. 26, 1986; 57 FR 7134, Feb. 28, 1992; 59 FR 1284, Jan. 10, 1994; 59 FR 26958, May 25, 1994; 59 FR 46513, Sept. 8, 1994; 61 FR 19743, May 2, 1996]</CITA>
  </SECTION>
</CFRGRANULE>
