You are correct about the 3 year rule for new vs established. As long as there is only 1 E/M from for the day within that same specialty. However you also have to meat the requirements for the new patient.
So I would start by looking to be sure the HPI has 1-3 components met, exam has 1 pertantent to the problem and that the MDM is low or better. No PFSH is needed so if al are met. I would make an appeal and find out why it was denied.
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