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Resident and Surgeon - ER billing

Best answers
Please help-
I believe I am correct that a physician must be present to bill his services.
Scenario - Resident sees pt. in ER; consults surgeon by phone; resident reduces fracture and discharges patient home.
Privately insured.
The surgeon cannot bill for the ER visit surgery code
Is the patient new or established on follow up to the surgeon.
Does he code and E/M with post op care modifier ?