Can a CNP bill a frature treatment code?

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I have an encounter for which the insurance (BCBS) has paid for the E/M code but NOT 26765 - stating that a CNP cannot bill this type of charge. I am a coder but new to the billing side. Advice?
 

CodingKing

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This is an open surgical procedure, outside of a surgical assist, I don't see this falling under the scope of practice for a nurse.
 
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