Answer: According to Medicare guidelines, the pre-op visit is included in the global surgical package no matter how long before surgery it takes place. Medicare has also indicated that if it detects a pattern of E/M services being billed four to five days prior to surgery and if these can be proven to be pre-op visits it will begin denying all E/M visits billed two or fewer weeks prior to surgery.
Private payers do not necessarily follow Medicare rules, so you should verify that the insurance companies you deal with include a pre-op visit in their global packages. If so, billing an E/M service for the pre-op visit could be considered fraudulent. Note that CPT 2002 has revised the definition of the global surgical package to include one related E/M service after the decision to do surgery is made when it occurs the day before or the day of surgery. If your surgeon is performing the pre-op on one of these days, it will probably be considered part of the global and not billable even by private payers.