Ok, if it truly is a consult, that in and of itself establishes care with the provider. There would not be a second E/M code justified in my opinion.
If it is just a routine pre-op clearance then that is a new patient E/M, which again establishes care.
I am not seeing how he could get 2 E/M services of this type, new patient 99201-99205 and consult 99241-99245, in one visit. You can't use the information twice and they both require all 3 of 3 to level.
Just my opinion,
Laura, CPC, CEMC
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