Payers usually use the 97 guidelines for audit purposes, however assuming your contract allows, you are allowed to select either 97 or 95. You should have it stated in your policy and procedures manual which guidelines your provider follows. As long as time is stated in the providers documented note then you should be able to use that providing all criteria for time based coding has been met. Some carries now require the provider document time as time in and time out style. Time cannot be tracked in the EMR nor in the nurses note. To be used to select the E&M level it must be in the progress note from the provider
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