1) I don't think the issue is that you cannot be paid for an E/M visit, but rather that the elements of E/M are either not performed or documented, therefore cannot be billed. If your urologist created a note documenting hx, exam & MDM, the E/M could be billed with -57 if he determined procedure was needed, or no modifier if only consult.
2) I personally have never seen a physician document an intraop consult this way so that it could be billed, despite guidance provided.
3) If the E/M day 1 is not billable, but you provide other services, then day 2 is either postop period (depending on services provided), or subsequent since you already provided services on day 1, therefore is not initial care. The definition is "initial hospital care" not initial hospital visit.
IF the carrier still accepts consult codes, AND you meet the official consult requirements (request, render, reply which is highly unlikely, but possible), you could bill IP consult codes.