I believe the key word in the CPT description is "concurrent." If there is a physician who is performing the discharge day services on behalf of the attending physician, I do not believe these services are "concurrent", as these are the services that would be done by the attending MD if he or she were present. Also, depending on the hospital's policies or hospitalist staffing levels. there could be more than one hospitalist who saw the patient as the "attending" physician. "Concurrent" services, IMO, would be those performed by specialists or other physicians who followed the patient during the hospitalization, but were not ultimately responsible for determining if the patient was ready for discharge.
Therefore, in your situation, I believe the physician is correct and if he or she is performing the discharge service on behalf of the attending, then that physician can bill 99238 or 99239 as appropriate.
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