Billing for Drug Waste

Does anyone know if we would be able to use the JW modifier to bill for a vial of Eylea that a patient knocked out of the doctors hand? From what I understand we were not able to use any of it and had to use a new vial/syringe.
Has anyone had success with this modifier? Deedee

re: Billing for Drug Waste

The described situation does not meet CMS' definition of waste: "When a physician, hospital or other provider or supplier must discard the remainder of a single use vial or other single use package ~~after administering a dose/quantity of the drug or biological~~ to a Medicare patient, the program provides payment for the amount of drug or biological discarded as well as the dose administered, up to the amount of the drug or biological as indicated on the vial or package label."
I wouldn't try it with a commercial payor either. This is a whoops, darn!