So Dr 1 bills subsequent care for a couple days and Dr 2 bills critical care "because the patient's in critical condition" but you say "nothing has changed" Does the documentation explicity state the patient is in critical condition? Does it state the amount of time spent? Was it atleast 30 minutes? Maybe you should post a few of the notes (names omitted) I can't tell exactly from what you've posted. Dr 1 possibly should have billed 99291 for his days or Dr 2 may have needed to bill subsequent care.. I'm just not sure based on what you've provided us with.
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