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Clarification on E&M visits on Day of Discharge from Hospital

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Can someone please clarify the correct CPT codes to use on a patient in the hospital on the day of discharge, when the physician billing is not the discharging physician? eg. 99233/99232 vs 99231 - Does the new CPT language - unstable, not responding, stable hold more weight than time or is time still the deciding factor?
Thanks, c