I believe this can be billed. CPT defines total time for office/outpatient evaluation and management (E/M) services as including “both the face-to-face and non-face-to-face time personally spent by the physician and/or other qualified healthcare professionals [QHPs],” including “counseling and educating the patient/family/caregiver.” Under this situation, family counseling would qualify as non-face-to-face time. Further, CPT’s Counseling Guidelines state that "Counseling is a discussion with a patient and/or family,” (emphasis added). The “or’ here can be taken to mean that the patient does not have to be present.