Wiki Use of Modifier 57

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Can a modifier 57 be used in this situation?
Provider bills 99203 and dictates;

"discussed risks/benefits and pros/cons of ESWAL vrs URS. In my opinion either treatment would be acceptable given the stone size, locatio, and HU density. She will think about her options and let us know how she wishes to proceed."

Code 50590 Lithotripsy, extracorporeal shock wave was performed and billed the next day. Can the decision for surgery be inferred? Is the decision for surgery the doctors decision or the patient's decision?
 
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