E. Hospital Discharge Management and Death Pronouncement
Only the physician who personally performs the pronouncement of death shall bill for the face-to-face Hospital Discharge Day Management Service, CPT code 99238 or 99239. The date of the pronouncement shall reflect the calendar date of service on the day it was performed even if the paperwork is delayed to a subsequent date.
Medicare claims processing Manual, Chapter 12, 22.214.171.124, section E.
If there was a face-to-face on the date of death, but that provider did not pronounce, you may bill a subsequent visit, but be prepared to support with documentation, because we've found that billing a charge on DOD, occasionally results in a denial.
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