In CPT there is NOTHING that says a physician cannot bill based on time, all the time. As long as his/her "FACE TO FACE" time is what is considered, and he is documenting these times, then he can bill ALL his/her patients based on time. Unless there is something I have missed, your provider is right but they cannot count non face-to-face time when choosing the E&M, it MUST be "face-to-face" time and this is according to CPT. Just my thoughts.
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