Wiki Needing Help Coding Office Visit!!!

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Our physician saw a patient under observation status in the hospital, and then saw him in the clinic for the first time as a new patient. We billed the hospital consult with an e/m office visit code, saw him in the office and did surgery the following day. We used a modifier 57 on this visit to indicate an initial decision for surgery however the insurance is denying as included in the global period. Would this modifier be correct in this scenario as being a billable visit?
 
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