General Surgery Coding Alert

Distinguishing Modifiers -80, -81, -82 and -AS

Surgeons often use assistants in the operating room, but with three CPT modifiers (-80, -81 and -82) and a HCPCS modifiers (-AS) to describe assisted surgery, coding for such services can be confusing. By reviewing CPT, CMS and payer guidelines, you can minimize the confusion.

Similar, but Not the Same

Although modifiers -80 (Assistant surgeon), -81 (Minimum assistant surgeon) and -82 (Assistant surgeon [when qualified resident surgeon not available]) all define an assistant at surgery, each has a distinct purpose.

Modifier -80 is the most commonly used of the three and describes the presence of a second physician in the operating room who acts as an extra pair of hands"" to assist the primary surgeon. A common example of this is when a general surgeon and neurosurgeon work together during placement of spinal instrumentation (for example 22842 Posterior segmental instrumentation [e.g. pedicle fixation dual rods with multiple hooks and sublaminar wires]; 3 to 6 vertebral segments). Most payers reimburse an assistant surgeon (which in this case is the general surgeon) at 16 percent of the regular fee schedule amount (for instance about $126 for 22842 based on an average national payment of $785 for the primary surgeon: 785 x 0.16 = 125.6).

Do not confuse modifier -80 with modifier -62 (Two surgeons) which describes two physicians acting as cosurgeons. Section 15044 of the Medicare Carriers Manual specifies that each cosurgeon serve as the primary surgeon during some part of the operation and that each perform a distinct portion of a single reportable procedure(if each surgeon performs a separately reportable procedure even during the same operative session they are not cosurgeons). Although the surgeons operate on the same patient during the same operative session they in fact work independently of one another. Note that a single surgeon can serve as cosurgeon and assistant surgeon during different portions of the same operative session.

As an example a trauma patient with two shattered thoracic vertebrae undergoes surgery for spinal reconstruction resulting in the following procedures:

  • 63087 Vertebral corpectomy (vertebral body resection) partial or complete combined thoracolumbar approach with decompression of spinal cord cauda equina  or nerve root(s) lower thoracic or lumbar; single segment
  • +63088 eachadditional segment (list separately in addition to code for primary procedure)
  • 22556 Arthrodesis anterior interbody technique including minimal diskectomy to prepare interspace (other than for decompression); thoracic [T9-T10]
  • +22585 each additional interspace (list separately in addition to code for primary procedure) [T10/T11 and T11/T12]
  • 22846 Anterior instrumentation; 4 to 7 vertebral segments [T9-T12].

    In this case two surgeons are required to complete the reconstruction. Surgeon A (a neurosurgeon) undertakes the vertebral resection while surgeon B (a general surgeon) decompresses the spinal cord. Surgeon A performs the arthrodesis and with surgeon B's assistance places the instrumentation. Coding should appear as follows:

    Surgeon A                                                          Surgeon B

    63087-62                                                              63087-62
    63088-62                                                              63088-62
    22556-51 (Multiple procedures)                               22846-80
    22585 x 2
    22846

    Because each surgeon performs a distinct portion of the vertebral corpectomy (the resection and decompression) they report 63087 and 63088 as cosurgeons. Surgeon Areports 22556 and 22585 x 2 for the arthrodesis and 22846 for instrumentation. Because Surgeon B assisted during placement of instrumentation he reports 22846 also but appends modifier -80.

    Modifier -81 Makes for 'Gray' Area

    Modifier -81 specifies ""minimal"" assistant surgeon but neither CPT nor CMS provides definitive guidelines to help physicians and coders distinguish a minimum assistant from a ""regular"" assistant as described by modifier -80. This absence of clarity causes payers to interpret modifier -81 differently.

    ""I believe that the original intent of the modifier [-81] was to offer physicians a way to bill when they only came in and helped with a small portion of the surgery but didn't stay and assist for the whole procedure "" says Marcella Bucknam CPC CCS-P CPC-H HIM Program Coordinator at Clarkson College in Omaha Neb. ""Now however modifier -81 is most often used when the assistant is not another surgeon and especially with midlevel assistants.

    ""At this time I don't know of any insurers who like the modifier except for a few that want it when a nonphysician assists in the operating room "" Bucknam says. ""If the insurer pays the rate for -81 is usually 10 percent of the full surgeon's fee."" But other insurers will reimburse for surgical assistants physician assistants (PAs) and other nonphysician practitioners acting as assistants at surgery with modifier -80 (although usually at a reduced rate). Technically only a physician fully licensed to practice medicine may report modifier -80. Therefore if a payer advises you to use modifier -80 be sure you obtain instructions in writing to cover yourself in case of a retrospective review.

    ""We recommend talking to the individual insurer to find out what its rules are for submitting claims "" says Michael Powe director of reimbursement for the American Academy of Physician Assistants. ""It is important early on to see if there are specific enrollment criteria and credential requirements for a PA working in the surgical unit. That should eliminate any of the confusion on how to submit a claim and what modifier to use.""

    Medicare Specifies -AS for NPPs

    Unlike some private payers Medicare will allow only physicians to report modifier -80. And Medicare has eliminated all of its HCPCS modifiers for PAs except the -AS modifier (Physician assistant nurse practitioner or clinical nurse specialist services for assistant at surgery) for first assisting. Specifically Medicare will reimburse for the services of a clinical nurse specialist physician assistant and nurse practitioner as assistants at surgery. Medicare will not reimburse for surgical assistants such as registered nurse first assists orthopedic physician assistants licensed practical nurses and certified surgical technologists. Powe adds that a few non-Medicare carriers use the -AS modifier also but that it is not typical for most private carriers.

    For Medicare the PA assisting at surgery must have a Medicare (or Medicaid) provider number to bill for these services. ""Most times the PA will also submit a claim with a copy of the operative report which states quite clearly how he or she assisted in the operating room "" Powe says. Calling a carrier to get preauthorization whenever using a PA in surgery can also aid reimbursement.

    Modifier -82 Is for Teaching Hospitals Only

    CPT limits the use of modifier -82 to teaching hospitals and you should use it only if a qualified resident is not available to assist. ""In general "" says Nancy Hughes vice president of communications and information services for the American Academy of Physician Assistants (AAPA) a national professional society representing PAs ""payment is not made for a first assistant when the service is provided in a teaching hospital that has a training program related to the particular surgical procedure and a qualified resident is available. But if the teaching hospital has no qualified resident available or no teaching program related to the particular medical specialty required for the procedure or if the primary surgeon has an across-the-board policy of not using residents Medicare will cover the services of a PA first assistant.""

    Look to Fee Schedule for Guidance

    Payers will not reimburse for assistants at surgery in all cases regardless of whether you append modifier(s) to the claim. For Medicare services rendered by an assistant at surgery are eligible for reimbursement only when national claims data indicate that the procedure necessitated an assistant in at least 5 percent of the claims based on a national average. Other payers follow similar guidelines. Therefore prior to billing for an assistant at surgery using modifiers -80 -81 -82 or -AS check column ""T"" of the Physician Fee Schedule to be certain that an assistant is allowable. Only procedures with a 2 in column T will be paid routinely. For those procedures that include a 0 in column T Medicare restricts payment for assistants at surgery unless you submit supporting documentation to establish medical necessity. A1 indicates that Medicare will never pay for an assistant at surgery while a 9 specifies that the multiple-surgeon concept does not apply.

     

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