Although CMS guidelines as outlined in section 15506 of the Medicare Carriers Manual (MCM) state that a physician or other appropriate source must request a consultation, physicians may provide confirmatory consults (99271-99275) at the behest of a patient, the patients family, or an insurer seeking a second or third opinion prior to authorizing treatment without another physicians written request. If an insurer requests the consult to determine medical necessity prior to covering a procedure or service, you should report the appropriate confirmatory consult code (99271-99275, as supported by documentation) with modifier -32 (Mandated services) appended.
For example, neurologist A provides a diagnosis of severe bilateral carpal tunnel syndrome (CTS) and recommends immediate surgical treatment. The insurer, seeking a second opinion before authorizing costly surgery, requests a confirmatory consult with neurologist B. Neurologist B evaluates the patient, provides a written response (for the insurer) and reports the confirmatory consult level supported by documentation (e.g., 99274) with modifier -32 appended. He or she may also separately report any required diagnostic testing (electromyography, nerve conduction studies, etc.).
But if the patient and/or family requests a confirmatory consult, insurers (including Medicare) will not cover the service. In this case, you should ask the patient to sign an advance beneficiary notice (ABN) to guarantee payment.