Your doctor seeing the patient 10 days earlier may or may not be significant. If he has taken over as the managing MD for the condition he consulted on, then he should bill an outpatient/office established E/M code, as it is not technically a consultation. If he is not managing the care for that condition, and his professional opinion ONLY was sought by the doctor in charge of observation, then he should report an outpatient consult code.
For example, if the patient is diabetic and sees your doctor specifically for management of their diabetes, but is admitted to observation for CAD, it is feasible that the observing physician might request a consultation to get your doctor's opinion on the status of the CAD, because the patient's cardiologist is out of town. That's an outpatient consult.
Now, let's say your doctor has taken over as the patient's primary care physician, and manages both their diabetes and CAD. If the patient is admitted by another physician for observation of the CAD and your doctor evaluates them at the other physician's request, (or at anyone else's request, for that matter), it's an outpatient/office E/M for an established patient.
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