08.28.2023 MLN906764 E M Services Guide 2023 08 508
08.28.2023 MLN906764 E M Services Guide 2023 08 508
08.28.2023 MLN906764 E M Services Guide 2023 08 508
CPT codes, descriptions, and other data only are copyright 2022 American Medical Association. All Rights Reserved.
Applicable FARS/HHSARS apply. Fee schedules, relative value units, conversion factors and/or related components are
not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly
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Table of Contents
What’s Changed? 3
Prolonged Services 9
Prolonged Office or Outpatient E/M Visits 9
Prolonged Other E/M Visits 11
Prolonged NF Services 12
Other Considerations 18
Chronic Pain Management 18
Consultation Services 19
Teaching Physician Services 20
Telehealth Services 20
Resources 21
What’s Changed?
We made significant updates to the language, order, and formatting of this product to better meet provider
needs and improve understanding.
• 2023 Medicare Physician Fee Schedule Final Rule
• Change Request (CR 13004), Pub. 100-04 Medicare Claims Processing, R11732CP
○ New home or residence services category and billing instructions (page 8)
○ Domiciliary, rest home (boarding home), or custodial care and home visits into a single code
set (page 9)
• Change Request (CR 13064), Pub. 100-04 Medicare Claims Processing, R11842CP
○ Updates to outpatient and other E/M services (pages 4-18)
• Hospital inpatient and observation visits merged into a single code set (page 6)
• Choice of medical decision making or time to select visit level, except for visits that aren’t
timed, like emergency department visits (page 17
• Eliminated using history and exam to decide visit level and added a necessity for a
medically appropriate history or exam or both (page 18)
• Revised CPT E/M guidelines for levels of medical decision making (page 18)
• Change Request (CR 13065), Pub. 100-04 Medicare Claims Processing, R11828CP
○ Updates to reporting split (or shared) E/M visits (page 12)
○ Clarification for reporting threshold time for the add-on code (CPT code 99292) for critical
care services that aren’t split (or shared) (page 13)
• Change Request (CR 12982), Pub. 100-04 Medicare Claims Processing, R11708CP
○ Updates to billing telehealth services
• New HCPCS codes G0316, G0317, G0318 for prolonged telehealth services (page 20)
During time spent providing critical care services, you can’t provide services to any other patient. Bundled
services that are included by CPT in critical care services and therefore not separately payable include
interpretation of cardiac output measurements, chest X rays, pulse oximetry, blood gases and collection and
interpretation of physiologic data (for example, ECGs, blood pressures, hematologic data), gastric intubation,
temporary transcutaneous pacing, ventilator management, and vascular access procedures. See CR 12543.
When you provide 30-74 minutes of critical care services to a patient on a given day, report CPT code 99291.
● Only use CPT code 99291 once per date even if the time you spend isn’t continuous on that date
● Report CPT code 99292 for additional 30-minute time increments you provide to the same patient
● Don’t report 99292 until you spend 104 minutes (74 + 30 = 104 minutes) with the patient
● You may add non-continuous time for medically necessary critical care services
You may provide critical care services concurrently with more than 1 individual from more than 1 specialty to
the same patient on the same day if the services meet the definition of critical care and aren’t duplicative.
Concurrent Critical Care Services: Individuals in the Same Specialty & Same Group
(Follow-Up Care)
CPT Codes 99291 & 99292
When you provide the entire initial critical care service and report CPT code 99291, any provider in the same
specialty and the same group providing care concurrently to the same patient on the same date should report
their time using the code for additional time intervals (CPT code 99292).
● These providers shouldn’t report CPT code 99291 more than once for the same patient on the
same date
● When 1 provider begins the initial critical care service but doesn’t meet the time needed to report
CPT code 99291, another provider in the same specialty and group can continue to deliver critical
care to the same patient on the same date
○ Combine the total time providers spent to meet the required time to bill CPT code 99291
○ Once you meet the cumulative time to report critical care service CPT code 99291, only an
individual in the same specialty and group can report CPT code 99292 when they provide an
additional 30 minutes of critical care services to the same patient on the same date (74 minutes +
30 minutes = 104 total minutes)
○ The time spent on critical care visits must be medically necessary, and each visit must meet the
definition of critical care
Tip: There are different billing rules when the critical care services are split between a physician and
NPP. See Split (or Shared) Services.
For other E/M services billed for the same patient on the same date as a critical care service, document that
the service is:
● Provided before the critical care service at a time when the patient didn’t require critical care
● Medically necessary
● Separate and distinct, with no duplicative elements from the critical care service provided later in
the day
Use modifier 25 (same-day significant, separately identifiable E/M service) on the claim when you report critical
care services unrelated to the service or procedure that you perform on the same day. You must also document
the medical record with the relevant criteria for the respective E/M service you’re reporting.
When a critical care service is unrelated to the surgical procedure, use modifier FT on your claim. Modifier FT
describes an unrelated E/M visit:
● On the same day as another E/M service, or
● During a global procedure (preoperative period or postoperative period), or on the same day as
the procedure
● Also report modifier FT if you provide 1 or more unrelated E/M visits on the same day as the
critical care CPT code
If the surgeon fully transfers care to you and the critical care is unrelated, use the appropriate modifier to show
the transfer of care. Surgeons will use modifiers 54 (surgical care only) or 55 (postoperative management only)
on their claims. When you accept the transfer of care, add both modifier 55 and modifier FT to your claim.
Medical record documentation must support the claims.
The time you count toward hospital inpatient or observation care codes is per day. Per day (also called the
encounter date) means the calendar date. When you use MDM or time for code selection, a continuous service
that spans the transition of 2 calendar dates is a single service.
● Report the date the patient encounter begins
● If you provide a continuous service (before and through midnight), you may apply all of the time to
the date of the service you report (the calendar date the encounter starts).
● You may only bill 1 of the hospital inpatient or observation care codes per calendar date for:
○ An initial visit
○ A subsequent visit
● Select a code that includes all of the services (including admission and discharge) you provide on
that date
The treating provider bills for the observation care codes. Individuals who provide consultations, other
evaluations, or services while the patient is getting hospital outpatient observation services must bill using the
appropriate outpatient service codes.
When billing an initial hospital inpatient or observation care service, a transition from observation status to
inpatient status isn’t a new stay. Medicare Administrative Contractors (MACs) will only pay you for 1 hospital
visit per day for the same patient, even if the problems you treat aren’t related.
Tip: In some cases, you may bill a prolonged code in addition to the Hospital Inpatient or Observation
Care services base code. You may count time you spend on the same day with the same patient in
multiple settings or time you spend on a patient who transitions between outpatient and inpatient status
toward the Hospital Inpatient or Observation Care services base code and a prolonged code (if it
applies).
or Observation Care services (including admission and discharge services), CPT code range
99234 - 99236
You must satisfy the E/M documentation guidelines for admission to and discharge from inpatient observation
or hospital care. You must also meet and document the guidelines for history, examination, and MDM in the
medical record.
Tip: Per the CPT code descriptors, Initial Hospital Inpatient or Observation Care services requires a
medically appropriate history and examination, but won’t be used to select your visit level. If you’re
working in hospitals, be aware of the documentation you need to bill under the Physician Fee Schedule
(PFS), other payment systems, or Conditions of Participation.
Table 1 shows billing based on hospital length of stay and discharge date.
There are no changes to the care settings for the current families. They’re in the new merged family. This
change removes CPT codes 99324-99337. Therefore, multiple Place of Service (POS) codes can be billed with
the new merged family of CPT codes 99341-99350 for Home or Residence Services:
● Home (POS 12)
● Assisted Living Facility (POS 13)
● Group Home (POS 14)
● Custodial Care Facility (POS 33)
● Residential Substance Abuse Treatment Facility (POS 55)
Starting January 1, 2023, you can’t use CPT code 99318 (Other NF Service) to report an annual NF
assessment visit. You must use the regular Medicare Part B NF Services code set for dates of service on and
after January 1, 2023.
Prolonged Services
You may report prolonged E/M services for certain E/M visit families when the total visit time you spend with a
patient exceeds a certain time threshold. Report prolonged E/M services using Medicare-specific coding. When
reporting prolonged visits, you would report the codes for the primary service and the prolonged services.
Table 2 gives reporting examples for prolonged office or outpatient E/M visits.
* Total time is all of the reportable time, including prolonged time, you spend with the patient on the date of service of the visit.
You may also report prolonged cognitive impairment assessment and care management services
(primary service CPT code 99483) using G2212, the Medicare-specific code for prolonged office and
outpatient services.
The AMA’s E/M Services Guidelines (Guidelines for Selecting Level of Service Based on Time) lists
qualifying activities.
You’ll find 3 new Medicare-specific HCPCS codes (1 per E/M family) for billing prolonged Other E/M
services, listed below in Table 3.
For timed visits, you may report prolonged Other E/M services with the highest visit level when your total visit
time exceeds a certain threshold.
● Don’t report prolonged services with ED visits or critical care services
● Prolonged services give you payment for additional practitioner time that isn’t already accounted
for in your primary service
● You can count your time spent providing qualifying activities when you perform them, and the total
time spent is at least 15 minutes beyond the total time shown below.
Prolonged NF Services
HCPCS Code G0317
Starting January 1, 2023, report prolonged NF services using Medicare-specific coding (HCPCS code G0317).
You can report prolonged services when you use time to select your visit level, and you exceed the total time
for the highest-level visit by 15 or more minutes providing reasonable and medically necessary services. You
can’t bill prolonged services with codes for NF discharge-day management.
Rules for reporting split (or shared) E/M services between a physician and NPP:
Hospital Inpatient, Outpatient, & ED Setting (99221-99223, 99231-99239, 99281-99285)
● In 2022-2023, the physician or NPP who provides more than 50% of the total time spent with the
patient or 1 of the 3 key parts (history, exam, or MDM) should bill for the visit
● In 2023, when you use 1 of the 3 key parts as the substantive portion, the physician or NPP who
bills the services must perform the key part in its entirety to bill the services
● You can’t bill services in these settings as split (or shared) services if Medicare regulations require
you to perform the entire visit (like certain Skilled Nursing Facility (SNF) visits
● Unlike other E/M services, critical care services can include additional activities that are bundled
into the critical care visit codes 99291 and 99292. There’s a unique list of qualifying activities for
split (or shared) critical care. See the CPT Codebook for preferred descriptions.
● The same documentation rules apply for split (or shared) critical care visits as for other types of
split (or shared) E/M visits
Submit the claim using the NPI for the provider who performed the substantive portion of the visit. That
provider must also sign and date the medical record.
Table 4 shows the definition of the substantive portion for E/M visit code families.
Distinct Time
You can only count distinct time for split (or shared) E/M services. When providers jointly meet with or discuss
the patient, you can only count the time of 1 provider.
Qualifying Time
You can count the following list of activities toward total time to decide the substantive portion (except for
critical care visits), regardless of whether the activities involve direct patient contact:
● Preparing to see the patient (like review of tests)
● Getting or reviewing separately obtained history
● Performing a medically appropriate exam or evaluation
● Counseling and educating the patient/family/caregiver
● Ordering medications, tests, or procedures
● Referring and communicating with other health care professionals (when not separately reported)
● Documenting clinical information in the electronic or other health record
● Independently interpreting results (not separately reported) and communicating results to the
patient, family, or caregiver
● Coordinating care (not separately reported)
For all split (or shared) visits, 1 of the providers must have face-to-face (in-person) contact with the patient, but
it doesn’t necessarily have to be the provider who performs the substantive portion and bills for the visit. The
substantive portion can be entirely with or without direct patient contact, and is determined by the proportion of
total time, not whether the time involves patient contact.
In 2022-2023, when you use a key part as the substantive portion, use different approaches for hospital
outpatient E/M visits than other kinds of E/M visits:
● For shared hospital outpatient visits where you use a key part as the substantive portion, the
provider who reports the primary services may report prolonged services if the combined time of
both providers meets the threshold for reporting prolonged hospital outpatient services
● For all other kinds of E/M visits (except ED and critical care visits), the provider who reports the
primary service may report prolonged services when the combined time of both providers meets
the threshold for reporting prolonged E/M services other than office or outpatient E/M services
Both providers will add their time, and the provider with more than 50% of the total time (the substantive
portion), including prolonged time, will report both the primary service code and the prolonged services add-on
code, if they meet the time threshold for prolonged services.
Table 5 summarizes reporting prolonged services for split (or shared) visits.
Medical record documentation helps you evaluate and plan the patient’s immediate treatment and watch their
health care over time.
Your MAC may ask for documentation to make sure a service is consistent with the patient’s insurance
coverage and to confirm:
● The site of service
● The medical necessity and appropriateness of the diagnostic or therapeutic services
● That you report services correctly
General principles of medical record documentation apply to all medical and surgical services and settings.
While E/M services vary, like the nature and amount of physician work needed, these general principles help
make sure medical record documentation is correct for all E/M services:
● The medical record should be complete and legible
● Your documentation of each patient encounter should include:
○ Reason for the encounter and relevant history, physical examination findings, and prior diagnostic
test results
○ Assessment, clinical impression, or diagnosis
○ Medical plan of care
● If you don’t document the date, legible name of the observer and your rationale for ordering diagnostic
and other services, it should be easily inferred
● Past and present diagnoses should be accessible to you or the consulting physician
● You should identify appropriate health risk factors
● You should document the patient’s progress, response to and changes in treatment, and revision of
diagnosis
● Documentation in the medical record should report the diagnosis and treatment codes you report on the
health insurance claim form or billing statement
Document services during the encounter or as soon as possible after the encounter to keep the medical
record accurate.
Your services must meet the medical necessity guidelines in the statute, regulations, manuals, and the medical
necessity criteria in the National Coverage Determinations (NCDs) and Local Coverage Determinations(LCDs),
if any exist for the service reported on the claim. For every service billed, you must show the specific sign,
symptom, or patient complaint that makes the service reasonable and necessary.
HCPCS
HCPCS is the code set you use to report procedures, services, drugs, and devices you provide in the office,
hospital outpatient facility, ambulatory surgical center, or other outpatient facility. This system includes CPT
codes the AMA develops and supports.
Use HCPCS codes to report ambulatory services and physician services, including those physician services
you provide during an inpatient hospitalization.
ICD-10-CM
ICD-10-CM is a code set you use to report medical diagnoses on all claims for services you provide in the U.S.
ICD-10-PCS
ICD-10-PCS is a code set facilities use to report inpatient procedures and services they give patients in U.S.
hospital inpatient health care settings.
Patient Type
For purposes of billing office and outpatient E/M services, we identify patients as either new or established,
depending on previous encounters with the provider. When billing certain other visit types (e.g., inpatient, NF),
the patient type is initial or subsequent.
New Patient: A person who didn’t receive any professional services from the physician. NPP, or another
physician of the same specialty who belongs to the same group practice within the previous 3 years.
Established Patient: A person who receives professional services from the physician, NPP, or another
physician of the same specialty who belongs to the same group practice within the previous 3 years.
Setting of Service
CMS categorizes E/M services into different settings depending on where you furnish the service. Examples of
settings include:
● Office or other outpatient setting
● Hospital inpatient
● ED
● NF
Medical necessity is the primary reason we pay for a service. It wouldn’t be medically necessary or appropriate
to bill a higher level of E/M service when a lower level of service is more appropriate.
● As of January 1, 2023, for most E/M visit families, choose visit level based on the level of MDM or
the amount of time you spend with the patient
● For some types of visits (like ED visits and critical care), use only MDM or only time to bill
The CPT E/M Guidelines for MDM apply. For all E/M visits, your history and physical exam must meet the
descriptions in the code descriptors, but they don’t affect visit level selection. When you use time to select the
visit level, you must provide services for the full time.
● The general CPT rule about the midpoint for certain timed services doesn’t apply
● If you use time to support billing the E/M visit, document the medical record with the time spent
with patient using a start and stop time or the total time
Chief Complaint
A CC is a short statement that describes the symptom, problem, condition, diagnosis, or reason for the patient
encounter. The CC is usually stated in the patient’s own words, like patient complains of upset stomach, aching
joints, and fatigue. The medical record should clearly show the CC.
For more information, review the CY 2023 Physician Fee Schedule Final Rule (CMS-1770-F), and the CPT®
Evaluation and Management webpage.
Other Considerations
Chronic Pain Management
HCPCS Codes G3002-G3003
Chronic pain is persistent or recurrent pain lasting longer than 3 months. When billing monthly chronic pain
management (CPM) services in 2023, use the 2 HCPCS codes below.
● Developing, implementing, revising, and maintaining a person-centered care plan that includes
strengths, goals, clinical needs, and desired outcomes
● Overall treatment management
● Facilitating and coordinating any necessary behavioral health treatment
● Medication management
● Pain and health literacy counseling
● Any necessary chronic pain related crisis care
● Ongoing communication and coordinating care between providers furnishing care (like physical
therapy and occupational therapy, complementary and integrative approaches, and community-
based care), as appropriate
Consultation Services
CPT Codes 99251–99255 & 99241–99245
Medicare doesn’t recognize these codes for Part B payment purposes:
● Inpatient consultation codes (CPT codes 99251–99255)
● Office and other outpatient consultation codes (CPT codes 99241–99245)
Medicare recognizes telehealth consultation codes (HCPCS G0406–G0408 and G0425–G0427) for payment.
If you provide services using CPT consultation codes, you should report the correct E/M visit code to bill for
these services.
Starting January 1, 2022, you may include the time a teaching physician is present with the patient when
determining E/M visit level. Under the primary care exception, you can only use MDM to choose the visit level.
This limits the possibility of inappropriate coding based on residents’ inefficiencies instead of a measure of the
time for the services. See CR 12543.
Telehealth Services
HCPCS Codes G0316-G0318, G3002-G3003
Starting January 1 2023, we’re adding these new HCPCS codes to the list of Medicare telehealth services on a
Category 1 basis: HCPCS codes G0316, G0317, G0318, G3002, and G3003.
We pay for specific Medicare Part B services that a physician or practitioner provides via 2-way, interactive
technology (or telehealth). Telehealth substitutes for an in-person visit, and generally involves 2-way,
interactive technology that permits communication between the practitioner and patient.
During the COVID-19 public health emergency (PHE), we used emergency waiver and other regulatory
authorities so you could provide more services to your patients via telehealth. Section 4113 of the Consolidated
Appropriations Act, 2023 extended many of these flexibilities through December 31, 2024, and made some of
them permanent.
For dates of service in 2023, continue billing telehealth services with the POS you would bill for an in-person
visit. You must use modifier 95 to show they’re telehealth services until December 31, 2023. See list of codes
added to the telehealth services list.
The COVID-19 public health emergency (PHE) ended at the end of the day on May 11, 2023. View
Infectious diseases for a list of waivers and flexibilities that were in place during the PHE.
See the MLN® Telehealth Services fact sheet for information on:
● Originating and distant sites
● Telehealth requirements
○ Section 4113 of the Consolidated Appropriations Act, 2023
● Currently covered telehealth
○ List of Telehealth Services ZIP file
○ Provider Billing Medicare FFS Telehealth
● Billing & payment
Visit the HHS Telehealth Policy webpage or review the AMA’s Telehealth Quick Guide. It’s intended to help
physicians, practices and health systems navigate changes to flexibilities. It includes information on:
● Practice Implementation
● Policy, Coding & Payment
Resources
● 2023 CPT E/M descriptors and guidelines (ama.org)
● 2024 ICD-10-CM
● 2024 ICD-10-PCS
● Calendar Year (CY) 2023 Medicare Physician Fee Schedule Final Rule Fact Sheet
● CPT® Books
● CPT® Evaluation and Management
● Evaluation and Management (E/M) Visits
● Evaluation and Management (E/M) Visit FAQs Physician Fee Schedule (PFS)
● HCPCS
● HHS Telehealth Policy
● Medicare Benefit Policy Manual
● Medicare Claims Processing Manual
● Medicare Information for Patients
● Medicare Learning Network® (MLN) Products
● MLN Matters® Article MM 12982 - Medicare Physician Fee Schedule Final Rule Summary: (CY) 2023
● Reporting CPT Modifier 25
● Telehealth Quick Guide (ama.org)
● Telehealth Policy Changes after the COVID-19 PHE
● Tuesday, November 8, 2022-Transcript, Q&A and Audio File-Physicians Open Door Forum (ZIP) file
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Department of Health & Human Services (HHS).