Anonymous NH Subscriber
Answer: If you see a patient with a problem that may necessitate surgery, and she is a new patient (99201-99205) to you, you will of course perform a history and exam, and review old records and tests. You can discuss details of surgery with the patient either at that visit or at a later one when she decides to allow the surgery to be performed. You may also be able to bill an E/M service with time as the controlling factor, even on those visits where you also do a minor exam.
However, the E/M service must be dominated by counseling (that is 50 percent or more of the physician face-to-face time) in order for time to be a deciding factor. There must be documentation for the time and the reasons behind the time.