Answer: When a private-practice physician provides chemotherapy in an outpatient hospital setting, he can bill for his E/M visit as appropriate. However, the physician cannot bill for a 99211 (Office or other outpatient visit ... that may not require the presence of a physician) when the services are provided by the hospital-employed RNs.
In the scenario you describe, there is an added twist that makes things a little more interesting. This patient began treatment in the outpatient arena but was admitted as an inpatient that evening. When the patient is admitted to the hospital as an inpatient in the course of an encounter in another site of service, such as the emergency department, physician office or outpatient clinic, all evaluation and management services provided by the physician are considered part of the initial hospital care when performed on the same date as the admission.
However, if the admission is related to the chemotherapy visit (as appears to be the case here), then the physician can only bill for initial hospital care using the appropriate level of service, 99221-99223.
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