Otolaryngology Coding Alert

Think You've Made Your Case For Modifier -22?

5 steps get your unusual procedure claims paid

If you're submitting claims when your otolaryngologist performs unusual procedural services without first determining how you're going to defend that claim, chances are your case won't hold up with the payer - unless you use this defense crafted by coding experts.

"The careful and proper usage of modifier -22 (Unusual procedural services) can be an invaluable tool in obtaining proper additional reimbursement for surgical services," says Arlene Morrow, CPC, CMM, CMSCS, a coding specialist and consultant with AM Associates in Tampa, Fla. But coders, beware: Overusing this modifier may be a red flag to carriers monitoring claims coded for the purpose of obtaining improper payment, she says.

CPT guidelines indicate that "when the service(s) provided is greater than that usually required for the listed procedure, it may be identified by adding modifier '-22' to the usual procedure code." And convincing the carrier that a procedure was "greater than that usually required" is crucial for claims with modifier -22 because, when approved, these claims will yield additional reimbursement - in many cases an additional 20 to 25 percent more than their standard payment.

Morrow recommends developing "written policies and procedures for consistent coding and documentation application" as your standard plan of attack when submitting claims with modifier -22. Be sure your plan contains these five elements.

1. Develop an 'Unusual' Argument

CPT designed modifiers to represent the extra physician work involved in performing a procedure because of extenuating circumstances involved in a patient encounter. Modifier -22 represents those extenuating circumstances that don't merit the use of an additional or alternative CPT code, but instead raise the reimbursement for a given procedure, says Cheryl A. Schad, BA, CPCM, CPC, owner of Schad Medical Management in Mullica, N.J.

To use modifier -22, make sure the procedure involves 25 percent more work than the usual procedure. Because some cases may require more work than others, and others may involve less work, the National Physician Fee Schedule bases pricing on the average amount of work a procedure involves. Therefore, a procedure's relative value units already include 25 percent more work than normal.

For example, suppose a man requires a tracheostomy. Although the relevant codes (31600, Tracheostomy, planned [separate procedure]; and 31603, Tracheostomy, emergency procedure; transtracheal) describe inserting a trach tube into a normal patient, unusual anatomy may make the procedure more difficult. If the patient is morbidly obese or has a distorted trachea, the procedure may take longer than normal to perform. When a tracheostomy takes 25 percent more time than usual, you should append modifier -22 to the tracheostomy code (31600, 31603) to indicate unusual procedural services.

Most carriers - including Medicare - subscribe to the policy that unusual operative cases can result from the following circumstances outlined by The Regence Group, a Blue Cross Blue Shield carrier association:
 

  • excessive blood loss for the particular procedure
     
  • presence of excessively large surgical specimen (especially in abdominal surgery)
     
  • trauma extensive enough to complicate the particular procedure and not billed as additional procedure codes
     
  • other pathologies, tumors, or malformations (genetic, traumatic, or surgical) that directly interfere with the procedure but are not billed separately
     
  • services rendered that are significantly more complex than described for the CPT code in question.

    Other circumstances that may merit the use of modifier -22 include significant scarring or adhesions, tissue modification due to disease, trauma, prior surgery, and irradiation, experts say.

    2. Document the Evidence ...

    "The key to collecting additional reimbursement for unusual or extended services is all in the documentation," Schad says.

    Sometimes a physician will tell you to append modifier -22 to a procedure because he did "x, y and z," Shad says, but when you look at the documentation, the support just isn't there.
     
    The documentation is your chance to demonstrate the special circumstances, such as significant extra time or highly complex trauma, that warrant modifier -22, Morrow says.
     
    For instance, an otolaryngologist performs a uvulopalatopharyngoplasty (UPPP) with tonsillectomy on an adult patient who has an extensive history of chronic tonsillitis and tonsils that are set very deep into the fossa. There is no distinct plane of dissection during the tonsillectomy, and the incision ends up in the muscle bed. The otolaryngologist must also control a lot of bleeding. If the surgeon documents how much additional time he spent performing the UPPP and why the operation was more complex than usual, you should append modifier -22 to the UPPP code (42145, Palatopharyngoplasty [e.g., uvulopalatopharyngoplasty, uvulopharyngoplasty]) to indicate the operation's increased complexity. The NCCI  bundles the tonsillectomy (42826, Tonsillectomy, primary or secondary; age 12 or over) into the UPPP (42145).

    For every claim with modifier -22, you should submit both a paper claim, the operative report and a cover letter, Schad instructs coders. The operative report should clearly identify additional diagnoses, pre-existing conditions or any unexpected findings or complicating factors that contributed to the extra time and effort spent performing the procedure, Morrow adds.

    Morrow recommends that every operative note have a separate section such as a "Special Circumstances" section in which the physician must indicate when a procedure is significantly more difficult than anticipated.

    The hitch: There's a good chance that the person employed by the insurance carrier to review your claim is not a medical professional, so you have to translate what went on in the operating room into quantifiable terms, Schad says. Getting a claim paid for modifier -22 "is very subjective and it depends on the utilization reviewer or the claims reviewer," and there is a good chance that the reviewer isn't as well versed as you are in the medical profession, Schad says. Don't be afraid to ask for an otolaryngologist to review the claim.

    3. ... in Payer Lingo

    Your operative report does not have to cater to the carrier receiving the claim, but an additional letter from your otolaryngologist to the insurance carrier should.

    Some carriers have specific forms for the physician to fill out and send with claims using modifier -22. Georgia Medicare provides practices with a "Modifier -22 Explanation Form" that will "help in reviewing your claim."

    The form asks for the patient's name, HIC number, date of surgery, length of surgery (operative time), unusual circumstances during the surgery that may warrant additional reimbursement, a copy of the operative report, and the physician's signature, dated, with the printed name below.

    If your carrier does not have a form specifically for modifier -22 claims, you may want to follow the recommendation published in the June 2000 Bulletin of the American College of Surgeons: Include a statement separate from the operative report that is written by the physician and explains the unusual amount of work in layman's terms.

    According to the bulletin, the separate report should state the patient's name, health insurance ID number, the procedure date, the requested percent increase for the procedure fee, and the circumstances behind the request to justify the percentage increase above the customary fee. You should also use two or three paragraphs to justify why the procedure was unusual using "simple medical explanations and terminology, realizing that the letter will (hopefully) be read by a nurse or other reviewer."

    Also include the typical average circumstances or time for completion and compare it to the actual circumstances. Schad recommends that you send two operative reports: one for the unusual procedure, and another for the same procedure that would not be considered unusual. The reviewer can then compare a typical tympanoplasty (69631, Tympanoplasty without mastoidectomy [including canalplasty, atticotomy and/or middle ear surgery], initial or revision; without ossicular chain reconstruction]), for example, to the revision tympanoplasty you are trying to have paid.

    The ACOS recommends closing the note by referring the reviewer to the operative report and including the physician's contact information.

    It is a good idea to refer to the following factors when trying to convey unusual procedural services to a non-medical professional:

  • Time: Time is quantifiable, making it easy for a carrier to convert into additional reimbursement. For example, statements such as "50 percent more time than usual was required to perform the ethmoidectomy (such as 31255, Nasal/sinus endoscopy, surgical; with ethmoidectomy, total [anterior and posterior]) because of the patient's extensive amount of nasal polyps, making the total procedure two hours instead of an hour" can be very effective. With your appeal, include the surgical log showing that the procedure took longer than the surgeon originally scheduled the operating room for.
     
  • Blood loss: Document the quantity of blood lost during the procedure and compare it to what is typically lost during the same type of procedure. For example, include statements like "1,000 ccs of blood, rather than the standard 100 ccs of blood, were lost during the procedure."
     
  • Special instruments: Compare the instruments or equipment the otolaryngologist used to perform the procedure to those typically used. For instance, explanations such as "Normally I would use one tracheostomy tube, but because the patient had a distorted trachea I had to use two tubes" clearly explain the extenuating circumstances.

    4. Request Additional Reimbursement and Wait

    Although you may not receive what you request, "it is very important to increase your fee commensurate with the extra work value" when submitting claims for modifier -22, Morrow advises coders.

    Ask for an additional percentage. For example, if the usual practice fee is $1,000 and you decide the fee should be increased by 30 percent, ask for $1,300, Morrow says. "Some practices prefer to request an additional fixed dollar amount, e.g., $300 in the prior example." She lets coders in on the secret that "many practices have negotiated into their managed-care contracts a fixed percentage for additional reimburse-ment." For example, modifier -22 might be pegged for a 40 percent fee increase when submitted and approved for complicated trauma cases.
    Insurance companies inevitably take longer to process paper claims than electronic ones, and getting claims for modifier -22 approved can make for a laborious process, Schad says.

    The bottom line: "Don't bother to submit a claim for modifier -22 if you don't have the documentation - you're wasting your time and spinning your wheels because you're not going to get paid," Schad says.

    5. Check Your List of Do's and Don'ts

    Make sure you run through your list of do's and don'ts before submitting your claim for payment and/or into review process:

    Do include an operative report copy with your claim.

    Do check your carrier's local medical review policy before submitting a claim for modifier -22 - not all private payers honor this modifier.

    Do use critical care codes instead of modifier -22 when appropriate.

    Do be sure at least 25 percent more time/effort than usual was required to perform the procedure.

    Do submit your claim on paper - claims for modifier -22 cannot be submitted electronically.

    Don't append modifier -22 to secondary procedures.

    Don't append modifier -22 to E/M codes.

    Don't assume the lysis of an average number of adhesions merits the use of modifier -22.

    Don't report modifier -22 because the physician performs a procedure via a lesser-preferred approach.

    Don't substitute an unlisted-procedure code instead for modifier -22 to avoid carrier denials.

  • Other Articles in this issue of

    Otolaryngology Coding Alert

    View All