Do you have access to CPT Assistant? If so, there is a Q/A on this very question (May 2009)....
"If the decision for surgery occurs the day of or day before the major procedure then this visit is separately reportable. Modifier 57 is appended to the E/M code. If the surgeon sees a patient and makes a decision for surgery and then the patient returns for a visit where the intent of the visit is the preoperative H&P, and this service occurs in the interval between the decision-making visit and the day of surgery, regardless of when the visit occurs (1 day, 3 days, or 2 weeks), the visit is not separately billable as it is included in the surgical package."
If there was a change in the patient's health status (i.e-exacerbation of a comorbidity), it's possible an E/M is warranted; however, the documentation needs to prove medical necessity.
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