Based on CPT, 99441-99443, time is strictly the time that is spent on the phone with the patient. The telephone codes are not the same as the E/M services, 99202-99215, billed using total time. As you are aware billing the standard E/M services using total time includes the time spent with the patient as well as any services in the treatment of that patient performed on the day of the encounter. This can include chart review, coord. of care, exam, documentation, ordering Rx or testing, etc..
Also, the provider was obligated to inform you that her phone call to you would be charged as a telephone encounter. You could argue the point if you choose to do so.
Hope this helps.
Jennifer
Coding Analyst