1) You are only addressing the DATA portion in your question, and you cannot determine the total level of the visit by only 1 of the 3 elements. You could even have moderate problem and moderate risk, with zero tests and have 99204.
2) Your question seems to be whether or not you may count the ordering of a test your practice is performing. If the test is a result only (no interpretation or report), then yes.
►The ordering and actual performance and/or interpretation of diagnostic tests/studies during a
patient encounter are not included in determining the levels of E/M services when the
professional interpretation of those tests/studies is reported separately by the physician or other
qualified health care professional reporting the E/M service. Tests that do not require separate
interpretation (eg, tests that are results only) and are analyzed as part of MDM do not count as an
independent interpretation, but may be counted as ordered or reviewed for selecting an MDM
level. The performance of diagnostic tests/studies for which specific CPT codes are available
may be reported separately, in addition to the appropriate E/M code. The interpretation of the
results of diagnostic tests/studies (ie, professional component) with preparation of a separate
distinctly identifiable signed written report may also be reported separately, using the appropriate
CPT code and, if required, with modifier 26 appended.◄
FYI - it is often helpful to search the forum first before asking a question to see if it has previously been asked/answered/discussed.
