We had this question come up in our practice recently and used this
guidance from CMS:
Q. Will Medicare contractors accept the CPT consultation codes when Medicare is the secondary payer?
A. Medicare will also no longer recognize the CPT consultation codes for purposes of determining Medicare secondary payments (MSP). In MSP cases, providers must bill an appropriate E/M code for the E/M services previously reported and paid using the CPT consultation codes. If the primary payer for the service continues to recognize CPT consultation codes for payment, providers billing for these services may either:
- Bill the primary payer an E/M code that is appropriate for the service, and then report the amount actually paid by the primary payer, along with the same E/M code, to Medicare for determination of whether a payment is due; or
- Bill the primary payer using a CPT consultation code that is appropriate for the service, and then report the amount actually paid by the primary payer, along with an E/M code that is appropriate for the service, to Medicare for determination of whether a payment is due.
In our case we have found that if it is known ahead of time that the claim will be an MSP claim that billing the appropriate E&M to the primary payer is easiest. In the event that we billed a consult for an MSP claim unknowingly then we have had to take the second route and convert the consult to an E&M after the fact while revising our system to reflect the new charge and payments from the primary payer before billing Medicare.
I hope this is helpful.