Unfortunately, no matter what the E/M level is, the copay is going to be the same. $40 is a little high for a 99211, though - make sure you're not being balance billed. You should only have to pay the contracted rate for 99211, even if your copay's $40. The fact that you're being charged $40 tells me that either:
A) The physician has an allowed amount for 99211 that's over $40 (and must have one hell of a negotiator handling their contracts), or
B) Someone in the billing office is overcharging you. If the allowed amount is only $32.00 for 99211, then the full $32.00 should apply to your copay; but you don't get charged $40 - that's the absolute maximum amount you should be responsible for; not the minimum. Balance billing (charging the difference between the allowed amount and charge amount - eg, the contractual discount - to the patient) is a BIG no-no, and is almost certainly a violation of your provider's contract. If that's what happened, you should be able to get it fixed; if not, I'd complain to the insurer.
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