I am not aware that the patient's compliance has anything to do with the level you are coding. (Have I missed something somewhere???)
Coding for 99214 has very specific requirements: The chart must meet two of the following three documentation requirements. (And for 99204, it has to meet all three of three):
1) At least 4 HPI points, 2 ROS points, and 1 PFSH point
2) At least 12 exam points
3) At least 3 points each from any two of these: problems, data, risk level
(If it sounds like I'm speaking gibberish, I would suggest taking an E/M coding seminar! I believe that Medicare offers them free.)
Also, as Lance mentioned, you can bill instead based on time; but only if at least 50% of the visit consisted of counseling.