Help! If a patient has surgery, comes back in and is still having pain, the provider does an MRI and decides that further, more complicated surgery is needed due to a recurrent issue, but on the same level and same dx code, can we charge for an E&M at all? A new exam was performed along with a MRI. It does mention in the note where the decision for the initial surgery was made that this could be a recurrent issue and that further more intense surgery may be required. I know that when the surgery is done that those codes will need a modifier 78. I am asking strictly for the E&M.