If there isn't a significant, separately identifiable exam, they shouldn't be billing any exam code at all. The level isn't the problem - all levels would hit the same CCI edit.
If the provider were performing a significant, separately identifiable exam, you'd use a Modifier 25 on the E/M code to signify that.
Important Note: Although your provider might say "just use the modifier then," I'd caution against routinely using Modifier 25 just to get things paid. It's on the Office of Inspector General (OIG) watch list, because it's considered the most abused modifier. Overusing it would throw up a HUGE audit red flag and likely come back to bite your provider in the butt eventually. (I suspect they likely don't want a fraud/abuse investigation from the government!) Use it only when the documentation supports a significant, separately identifiable exam, and you'll be fine.
You can read more about NCCI Edits on the CMS website:
National Correct Coding Initiative Edits | CMS