I think you can't just take paragraph 2 by itself. I think you need to take into consideration what paragraph 1 is saying.
Per P1 .. .if the patient starts out NOT requiring critical care and later on the same date of service does require critical care you can code both the E/M (new or subsequent) w/ a -25 mod and the critical care.
Then, per P2 ... a patient who is still being managed by Critical Care, but whose cares don't meet that definition, should have services coded as subsequent hospital visit. (e.g. patient is still in the ICU, but sufficiently stable that care provided no longer meets definition of critical care).
So, no. If you spend 45 minutes w/ patient and only 30 minutes of it is critical care, you can't add a 99231-99233 code to cover the "extra" 15 minutes. You would code only the critical care ... or you'd code only the subsequent visit.
F Tessa Bartels, CPC, CEMC
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