Question: Minnesota Subscriber Answer: You will definitely need the modifier to get paid for both of these procedures. If you don't add a modifier the payer will assume that the surgeon started with a simple mastectomy and then found more extensive disease and did a modified radical mastectomy on the same breast. Remember that you should use modifier 59 only in three circumstances: • When the surgeon performed the procedure in another location • When the surgeon performed the procedure at a different session (another time on the same date) • When the procedure was a diagnostic procedure that lead to the decision to perform a therapeutic procedure. Applying these concepts to a situation will always tell you if you can bill separately using modifier 59 to justify the unbundled service. Keep in mind: