I have not seen anything about this from the OIG. However, I agree that the MDM should be a driving factor in choosing a code. This relates back to the reason the patient is there or the 'Nature of the Presenting Problem'. For an E&M visit, it is legal to use the Hx and Ex but then I would question whether the medical necessity drives the actual code. Almost every insurance company indicates in the contract that you will only perform medical necessary services to the members - hence that can somewhat be directed to MDM - but not in all circumstances.
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