Foot & ankle procedures w/Modifier 59

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Houston, TX
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We received a new procedure combination from our Foot/Ankle surgeon. We are filing to a commercial carrier CPT 28292 & 28043. Should I include Modifier 59 on 28043?
 
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We received a new procedure combination from our Foot/Ankle surgeon. We are filing to a commercial carrier CPT 28292 & 28043. Should I include Modifier 59 on 28043?

I checked these two codes and no CCI edits popped up. Are they related in some way; are the diagnoses different? If 28043 was performed on a toe, you should probably use the anatomical modifier instead of the 59. If these are on different feet, I'd be apt to include the LT/RT on 28292.
 
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