I need to clarify something before I can answer. Are you saying that you are seeing a patient (99213)for one problem (or diagnosis) and then doing a procedure for another problem (or diagnosis)? Or are you saying the E&M was done, the decision made to do something and that something (a procedure) was then done, all on the same day?
Next I need to know if the outcome of your billing situations are variable based on insurance type:
Modifier 25 is for a "separately identified service" and is appended to the 99213 when the documentation warrants its use. Not all carriers will recognize this modifier.
Modifier 59 is a modifier of last resort and other modifiers (such as 25) should be used as applicable first. Not all carriers follow the same CCI edit list so one insurance could pay a combination and another not even with the exact same CPT and ICD9 combinations.
Could I get more info?
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