Is it appropriate to bill 59400 with modifier 52 when our provider (saw the patient for all routine antepartum care, labored with the pt and will see at post-partum care) but due to baby's shoulder dystocia, a hospitalist relieved the shoulder dystocia and the delivery was rapidly completed in less than 5 seconds by the hospitalist. The hospitalist charged for the delivery only. We are not members of the same group as the hospitalist.