There's a New Way To Do This
Without realizing it, CMS released the key to getting paid in a proper fashion with the modifier -22.
The problem with getting paid properly with the -22 modifier has always revolved around how to quantify it. I saw guidance in the industry stating "If it's more than 20% above and beyond what is normally expected, than add a -22, have an op note show what took extra time and send it in", at which point you prayed that you were paid beyong the upper limit of the fee schedule.
There is now a way to quantify this by time, but it has happened by accident.
To briefly summarize, as part of the work RVU value of every procedure, there is a time component. That time is calculated using the Harvard/RUC Time Study, a rolling 5-year survey of physicians used to determine average total times for all medical services. Up until 2013, CMS never made that time study available, so it was impossible to know how much time was estimated for each procedure.
Last year, out of the blue, they made it available. Go to this
link. At the bottom of the page is a file entitled "CY 2014 PFS Proposed Rule Physician Time". This file shows you the median intra-service times for every CPT-coded service and procedure (on the spreadsheet under Column E).
Here's how the -22 modifier should be calculated from this sheet. We'll use the example of CPT code 47562. The median intraoperative time for this procedure,
as reported by CMS, is 80 minutes. Now, you have an obese patient who requires extensive lysis of adhesions prior to gallbladder removal. With this information, you need two things in your documentation; a description of the extensive adhesiolysis and (MOST importantly) the amount of time above and beyond the surgeon's normal time spent on lysis during the procedure. So, let's say the physician states in the op note "I spent 30 minutes of additional time above what is normally expected for this procedure performing this extensive adhesiolysis". With a median intraoperative time of 80 minutes, and 30 minutes being 37.5% of 80 minutes, you now know that you can increase your fee by 37.5 % and expect to receive additional payment totalling 137.5% of the fee schedule using the -22 modifier.
It's CMS' math, it's quantifiable and it is all information that you can use on appeal if the initial payment from the carrier is less than what you have calculated.
J. Paul Spencer, CPC, CPC-H