Who is telling the physician this? Is this some weird insurance rule? And what is the patient scheduled for? a "diagnostic test" or "surgery"? The title of your post says surgery and in the post it says test, so I'm not sure. I've never heard of a "3 day rule" The EP doc should bill his consult accordingly, and IF the test is a physician service, he should bill for that too. IF it's "surgery" and the "consult" was the "decision for surgery" then you should put modifier 57 on the consultation.
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