If the patient was admitted and "discharged" (died) same day you can use the 99234 to 99236 codes (depending on documentation).
If the patient never got out of the ER you might instead be using critical care codes (need 30 minutes or more direct face-to-face critical care documented ... and I'm assuming you are not billing for the ER physician...)
Or are you saying that the patient had already expired when s/he arrived?
F Tessa Bartels, CPC, CPC-E/M
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