Wiki can coder select E/M code for doc?


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Does anyone know if there are any rules or guidelines that say the physician has to be the one to select the E/M code. I am wondering if it is legal for a certified coder who works in a physicians office to select the E/M code for the doctor based on the doctors documentation instead of the physician selecting the code (of course the coder would only do it with the doctors permission).

Of course it is legal for the coder to assign the visit level as long as it is based on a review of the documentation and application of the 95 or 97 guidelines.
Alot of doc's rely on their coders to select the E/M's. As part of our jobs we are required to know the coding guidelines and in alot of instances the coders are much more knowledgable about those guidelines than the doc's. I work in Revenue Integrity and I can not tell you how much education is done with docs just on E/M's and how many of the doc's fail their audits strictly because of the E/M's.