If I were auditing this scenario I would consider to problem to be established.
Here's a question asked and the answer from an Ohio Medicare provider, PalmettoGBA.com
Must a condition be "new" to the patient or "new" to the provider in order for it to be consider a "new problem" when determining diagnosis/management options for scoring an E/M?
The term "new problem" is one that is identified yet undiagnosed and may or may not require an additional work up. A patient presenting to a new provider with a diagnosed problem is scored the same as presentation to a provider familiar with the patients problem. Therefore, for the purpose of scoring E/M documentation, a new problem is one that is new to the patient not to the provider.
This is the rule auditors in Ohio follow when scoring an established vs new problem.
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