CPT 2009 doesn't specificy INPATIENT only for this new code. One clue is that it states "(99440 has been deleted. To report, use 99465.)" On the other hand, the language of the new code is more specific in that it refers to the "Delivery/Birthing Room" ... So, technically if the child is actually born in the ER, I would be willing to argue that this applies. But I'm not 100% certain that the insurance carriers will agree with that interpretation.
If the child is brought into the ER, having been born outside the hospital, I think you'll be using the 92950 code ...
There's an AAPC audio conference on Dec 3 on 2009 CPT changes specifically for Pediatrics. That might be a good place to get a definitive answer.
F Tessa Bartels, CPC, CPC-E/M
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