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Question Rules for pain blocks during surgery

jdibble

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We coders are having a debate with a provider and supervisors on correct codes for this surgery. The provider is administering pain blocks during surgery and insists that he can bill for these injections based on the NOPAIN Act. Everything we find says that this is not billable during the surgery by the surgeon, however the anesthesiologist can bill for the injections if the surgeon documents that he requested it be administered. Can someone advise the correct way to bill this with supporting documentation for why it isn't billed or supporting documentation for being able to bill the injections. The provider is insisting he can bill these charges, so a valid source of the guidelines is needed! The codes he is billing for this procedure is 27447, 64447 and 64473

Pre-op Diagnosis: Right knee arthritis.

Post-op Diagnosis: SAME

PROCEDURE:
1. Right total knee arthroplasty.
2.Intra-articular I-PACK Block for non-narcotic postoperative pain management in conjunction with the NOPAIN Act
3.Intra-articular Adductor Canal block for non-narcotic postoperative pain management in conjunction with the NOPAIN Act
4.Injection of 200 mg Zynrelef for non-narcotic postoperative pain management in conjunction with the NOPAIN Act
DESCRIPTION OF PROCEDURE: The patient was taken to the operating room and positioned supine on the operating table. Excellent spinal anesthesia was obtained. Ancef and Vancomycin was administered for infection prophylaxis. The operative lower extremity was then prepped and draped in the usual sterile fashion.

The knee was exposed via a sub-vastus arthrotomy. Appropriate medial soft‑tissue release was performed. Medial and lateral meniscal remnants, as well as the anterior cruciate ligament, were excised. Extensive eburnated bone was encountered. A patellar osteotomy was performed, resecting the patella to approximately 12–14 mm, and the patella was sized to 44 mm. Three‑peg holes were drilled for placement of the polyethylene patellar button.

The distal femoral cutting guide was used to perform the distal femoral resection, establishing a neutral mechanical axis. The proximal tibial cut was then made using the extramedullary tibial cutting guide. The femur and tibia were sized, and a Conformis CR femoral component and Conformis tibial component were selected. Appropriate soft‑tissue releases were performed to achieve a balanced knee under varus‑valgus stress in full extension. A trial reduction was performed using a cruciate‑retaining femoral component, a tibial tray, and an 7‑mm medial and A‑mm lateral cruciate‑retaining polyethylene insert. With this construct in place, the knee demonstrated satisfactory range of motion, stability, and alignment along the mechanical axis. Tibial tray rotation was marked. Final preparation of the proximal tibia was completed using the central drill and broach.

In conjunction with the NOPAIN Act and the utilization of a multimodal non‑narcotic pain management protocol for postoperative pain control, an intra‑articular IPACK and adductor canal block were performed. The needle was advanced deep to the posterior capsule. Aspiration was attempted to confirm that the needle was superficial to the popliteal vessels. 10 mL of a combination of Ropivacaine, Lidocaine, Clonidine, and Depo‑Medrol was injected into this fascial plane. Next, an intra‑articular adductor canal block was performed. The adductor tubercle was identified, and a needle was directed proximally between the Adductor Magnus, Sartorius, and Vastus Medialis. 10 mL of the cocktail was injected into the adductor canal.

The posterior capsule and surrounding soft‑tissue structures were injected with the remaining 60 mL of a periarticular cocktail. The bony surfaces were irrigated with pulsed lavage, suctioned, and packed dry while two units of CMW cement were mixed and loaded into the cement gun. Final components were cemented, and the knee was held in full extension while the cement cured. The knee was then dislocated anteriorly, and excess cement was removed from all components. The knee was reduced, and patellar tracking was assessed. A lateral release was not required to obtain central tracking.

Adequate hemostasis was achieved using the Bovie coagulation system. The wound was thoroughly pulse‑irrigated, and hemostasis was rechecked. The medial capsulotomy was closed with a running #1 looped PDS suture. Just prior to completing capsular closure, 200 mg of Zynrelef was injected for non‑narcotic postoperative pain control. The subcutaneous layer was closed with a running #0 Monoderm suture, followed by skin closure with running #2‑0 Monoderm. A sterile, compressive knee dressing was applied.

The patient was transferred to the recovery room in stable condition. Estimated blood loss was 400 mL. Sponge and needle counts were correct. There were no complications.

Thanks for all the answers and help you can give me!
Jodi
 
Hi there:

1. The law does not apply to every service performed for post-operative pain management. There is a specific list of drugs and services that qualify for additional payment under the law which CMS updates quarterly. The current list of qualifying products is available on page 53894 of the 2026 OPPS/ASC final rule : https://www.govinfo.gov/content/pkg/FR-2025-11-25/pdf/2025-20907.pdf

2. NOPAIN applies to HOPD and ASC payments. There's a fact sheet about the 2026 OPPS/ASC rule that mentions the latest update here: https://www.cms.gov/newsroom/fact-s...ayment-system-opps-ambulatory-surgical-center
 
Thank you so much! I will review that information!

** I reviewed this information which is helpful. I am still needing something that specifies that the performing provider cannot (or can) bill the injections administered for the pain block during surgery. CMS states it cannot be billed, however the provider is insisting that the NOPAIN act allows him to bill the injections (64447 and 64473) himself. He is administering this during surgery done in the Hospital Outpatient department, so does this NOPAIN apply only to the facility billing?
 
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The law only applies to the qualifying products listed in the first link. The blocks aren't on the list. I think it would help to show your providers that list so they can understand what is and is not covered under the law. I missed earlier that they gave an injection of Zynrelef. The drug is on the list, but I assume the facility provided the drug.
 
The law only applies to the qualifying products listed in the first link. The blocks aren't on the list. I think it would help to show your providers that list so they can understand what is and is not covered under the law. I missed earlier that they gave an injection of Zynrelef. The drug is on the list, but I assume the facility provided the drug.
Yes the facility pays for the drug. He wants to be reimbursed for the injection procedure codes (64447 and 64473). That is where I need a verifiable source that can confirm if he can or cannot charge for the injections during a surgery.
 
The list is in a CMS rule with a detailed explanation beginning on p 53888. I can't think of anything more verifiable than that. I know this is a difficult spot to be in. You're right and it sounds like providers want something that says "Here's is a complete list of all the things you cannot do." which I've never seen in rule-making.

At this point I think your best bet is to show them list, explain that it's from CMS and see if that helps.
 
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The answer to your question is not directly addressed in the text of the Final Rule.
If you look at the text of the NOPAIN act, it CLEARLY defines a non-opioid treatment as either a drug or a device, not a medical service, and addresses only payment for the drug or the device. The implantation or injection of that, if the drug or device is covered by a letter HCPCS code and not a numerical CPT code (ie Iovera), would not be separately reimbursable and is still subject to normal CPT and CMS rules regarding bundling of locally administered analgesics/blocks when given by the surgeon.
 
Thank you Dr. Raizman - that is very helpful! I will forward that info to those who need to know in my department!

Jodi sounds like you are having such fun times right now. :ROFLMAO:😬
Yes!! I am going crazy here! LOL I am finding myself spending more time trying to find concrete, supporting documentation to support what codes I am using for this one group of providers surgeries and between the research and the messaging back and forth with my supportive documentation, I am not getting any normal coding done! Then after all that, to have them go above me to my superiors with the same issues and my superiors to ask for even more supportive information. It is just a barrel of monkeys fun!! :ROFLMAO::ROFLMAO:
 
Thank you Dr. Raizman - that is very helpful! I will forward that info to those who need to know in my department!


Yes!! I am going crazy here! LOL I am finding myself spending more time trying to find concrete, supporting documentation to support what codes I am using for this one group of providers surgeries and between the research and the messaging back and forth with my supportive documentation, I am not getting any normal coding done! Then after all that, to have them go above me to my superiors with the same issues and my superiors to ask for even more supportive information. It is just a barrel of monkeys fun!! :ROFLMAO::ROFLMAO:
Is there any one surgeon or a few that are more coding advocates or can help you with peer input? I have been in that situation; finding at least one provider as a "coding champion" or peer helper really makes a difference. Sometimes, they would agree to do meetings with me and another provider to help out. If you have a lot of service lines and a large group, finding one per specialty is great.

Not having access to AAOS Now, CPT-A, CodeX, or Coding Clinic will make it really hard for you. Is that something you could as for as a resource from your management? Esp. if it is an ortho-only group? You really need CodeX at a minimum (or at least the global data books).
 
Is there any one surgeon or a few that are more coding advocates or can help you with peer input? I have been in that situation; finding at least one provider as a "coding champion" or peer helper really makes a difference. Sometimes, they would agree to do meetings with me and another provider to help out. If you have a lot of service lines and a large group, finding one per specialty is great.

Not having access to AAOS Now, CPT-A, CodeX, or Coding Clinic will make it really hard for you. Is that something you could as for as a resource from your management? Esp. if it is an ortho-only group? You really need CodeX at a minimum (or at least the global data books).
Thanks for your suggestions!! Unfortunately, this is a rather large Ortho only group within our large national hospital system and all of the providers in this group are basically RVU driven and there is not one that would be an advocate. The majority of them think that what they do is above and beyond that of a "normal" practice. I also code for 20+ other doctors from various other offices who I have never had any issues with my coding and from a comparative of documentation, do the same procedures that these doctors do, I don't understand why we are supposed to code their procedures differently. I am finding it difficult to code things the way they want and then in the way that managers are deciding to change to make them happy.

With all of these issues and then wanting verifiable support, we are only given access to Codify. I wish I had access to these other sources - could make my life so much easier!
 
Thanks for your suggestions!! Unfortunately, this is a rather large Ortho only group within our large national hospital system and all of the providers in this group are basically RVU driven and there is not one that would be an advocate. The majority of them think that what they do is above and beyond that of a "normal" practice. I also code for 20+ other doctors from various other offices who I have never had any issues with my coding and from a comparative of documentation, do the same procedures that these doctors do, I don't understand why we are supposed to code their procedures differently. I am finding it difficult to code things the way they want and then in the way that managers are deciding to change to make them happy.

With all of these issues and then wanting verifiable support, we are only given access to Codify. I wish I had access to these other sources - could make my life so much easier!
Oh dear...
Welp, how are the denials, rejections, audits, and pre-pay/post-pay for that group? :) :) Is their A/R severely delayed? I mean, why have a certified coder at that point? May as well just let them bill whatever they want...
Where's your internal compliance department on this?

Code-X for 1-4 licenses is only around $600.
If you get the e-book GSD it's only $309.
 
Oh dear...
Welp, how are the denials, rejections, audits, and pre-pay/post-pay for that group? :) :) Is their A/R severely delayed? I mean, why have a certified coder at that point? May as well just let them bill whatever they want...
Where's your internal compliance department on this?

Code-X for 1-4 licenses is only around $600.
If you get the e-book GSD it's only $309.
I actually said if you want me to just code what they have, let me know and I will just do that!! LOL We only deal with coding and then work on the denials and rejections. However, our denials and rejections are extremely large due to the volume of other doctors we have so it is hard to track, and I have no idea where compliance is on this! They seem to be concentrating on other things!

Thank you for the information. I had been thinking of just getting the GSD on my own! I will look into this! We currently have 9 Ortho coders on our team and since they give us Codify and purchase CPT or specialty books for us yearly, I am not sure if they will spring for these other sources.
 
Code-X is inexpensive if you're an AAOS member - one of them might get you access... It includes all the GSD. And, for difficult queries where you get pushback, you can submit to CCRC and we respond to members with definitive guidance.
CPT-A is also around $200 a year.
That's all you really need to be "canonical" as long as you have a CPT book and get the NCCI Policy Manual...

Incorrect coding leads to denials, delayed AR, increased RCM expenditures AND downstream legal liability for the doctors. They need to understand that.
Having a Coding Compliance officer is great but few people have the background or training and it is not easy to establish.
 
Code-X is inexpensive if you're an AAOS member - one of them might get you access... It includes all the GSD. And, for difficult queries where you get pushback, you can submit to CCRC and we respond to members with definitive guidance.
CPT-A is also around $200 a year.
That's all you really need to be "canonical" as long as you have a CPT book and get the NCCI Policy Manual...

Incorrect coding leads to denials, delayed AR, increased RCM expenditures AND downstream legal liability for the doctors. They need to understand that.
Having a Coding Compliance officer is great but few people have the background or training and it is not easy to establish.
Thank you for this info! I do have one practice that may be able to help if they have an AAOS membership! I appreciate all the guidance.
 
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