Critical Thinking 1 You have been hired by a large physician practice to assign office visit and professional services coding. Very early on you real -

Critical Thinking 1
You have been hired by a large physician practice to assign office visit and professional services coding. Very early on you realize that component services are routinely billed with modifier 59 regardless of the documentation.

The office manager is not familiar with general coding guidelines. Her main concern is that claims are submitted timely. Her initial response is, “I do not care how you get it done; if there is an edit do whatever the system tells you to move the claim forward.” The providers also appear to show little interest in the documentation guidelines.

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Critical Thinking 1 You have been hired by a large physician practice to assign office visit and professional services coding. Very early on you real

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Attached below is a document about modifier 59

Guidelines for paper are attached below

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Disclaimer: This article was prepared as a service to the public and is not intended to grant rights or impose obligations.
This article may contain references or links to statutes, regulations, or other policy materials. The information provided is
only intended to be a general summary. It is not intended to take the place of written law, regulations, manuals, or other
CMS guidance. We encourage readers to review the specific statutes, regulations, and other interpretive materials
including the Internet-Only Manual and the National Correct Coding Initiative Policy Manual for Medicare Services for a
full and accurate statement of their contents.

MODIFIER 59 ARTICLE

The Medicare National Correct Coding Initiative (NCCI) includes Procedure-to-Procedure
(PTP) edits that define when two Healthcare Common Procedure Coding System (HCPCS)/
Current Procedural Terminology (CPT) codes should not be reported together either in all
situations or in most situations. For PTP edits that have a Correct Coding Modifier
Indicator (CCMI) of 0, the codes should never be reported together by the same provider
for the same beneficiary on the same date of service. If they are reported on the same date
of service, the column one code is eligible for payment and the column two code is denied.
For PTP edits that have a CCMI of 1, the codes may be reported together only in defined
circumstances which are identified on the claim by the use of specific NCCI-associated
modifiers. (Refer to the National Correct Coding Initiative Policy Manual for Medicare
Services, Chapter 1, for general information about the NCCI program, PTP edits, CCMIs,
and NCCI-associated modifiers.) One function of NCCI PTP edits is to prevent payment
for codes that report overlapping services except in those instances where the services are
separate and distinct. Modifier 59 is an important NCCI-associated modifier that is often
used incorrectly.

The CPT Manual defines modifier 59 as follows:

Distinct Procedural Service: Under certain circumstances, it may be necessary to
indicate that a procedure or service was distinct or independent from other non-E/M
services performed on the same day. Modifier 59 is used to identify
procedures/services, other than E/M services, that are not normally reported
together, but are appropriate under the circumstances. Documentation must support
a different session, different procedure or surgery, different site or organ system,
separate incision/excision, separate lesion, or separate injury (or area of injury in
extensive injuries) not ordinarily encountered or performed on the same day by the
same individual. However, when another already established modifier is
appropriate, it should be used rather than modifier 59. Only if no more descriptive
modifier is available, and the use of modifier 59 best explains the circumstances,
should modifier 59 be used. Note: Modifier 59 should not be appended to an E/M
service. To report a separate and distinct E/M service with a non-E/M service
performed on the same date, see modifier 25.

Modifier 59 and other NCCI-associated modifiers should NOT be used to bypass a PTP
edit unless the proper criteria for use of the modifier are met. Documentation in the
medical record must satisfy the criteria required by any NCCI-associated modifier that is
used.

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1. Modifier 59 is used appropriately for different anatomic sites during the same

encounter only when procedures which are not ordinarily performed or
encountered on the same day are performed on different organs, or different
anatomic regions, or in limited situations on different, non-contiguous lesions in
different anatomic regions of the same organ.

One of the common uses of modifier 59 is for surgical procedures, non-surgical
therapeutic procedures, or diagnostic procedures that are performed at different anatomic
sites, are not ordinarily performed or encountered on the same day, and that cannot be
described by one of the more specific anatomic NCCI-associated modifiers i.e., RT, LT,
E1-E4, FA, F1-F9, TA, T1-T9, LC, LD, RC, LM, or RI. (See examples 1, 2, and 3) From
an NCCI perspective, the definition of different anatomic sites includes different organs
or, in certain instances, different lesions in the same organ. However, NCCI edits are
typically created to prevent the inappropriate billing of lesions and sites that should not be
considered to be separate and distinct. Therefore modifier 59 should only be used to
identify clearly independent services that represent significant departures from the usual
situations described by the NCCI edit. The treatment of contiguous structures in the same
organ or anatomic region does not constitute treatment of different anatomic sites. For
example:

Treatment of the nail, nail bed, and adjacent soft tissue distal to and including the
skin overlying the distal interphalangeal joint on the same toe or finger constitutes
treatment of a single anatomic site. (See example 4)

Treatment of posterior segment structures in the eye constitutes treatment of a
single anatomic site. (See example 5)

Arthroscopic treatment of structures in adjoining areas of the same shoulder
constitutes treatment of a single anatomic site. (See example 6)

2. Modifier 59 is used appropriately when the procedures are performed in

different encounters on the same day.

Another common use of modifier 59 is for surgical procedures, non-surgical therapeutic
procedures, or diagnostic procedures that are performed during different patient encounters
on the same day and that cannot be described by one of the more specific NCCI-associated
modifiers i.e., 24, 25, 27, 57, 58, 78, 79, or 91. (See example 7) As noted in the CPT
definition, modifier 59 should only be used if no other modifier more appropriately
describes the relationship of the two procedure codes.

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3. Modifier 59 is used inappropriately if the basis for its use is that the narrative

description of the two codes is different.

One of the common misuses of modifier 59 is related to the portion of the definition of
modifier 59 allowing its use to describe a different procedure or surgery. The code
descriptors of the two codes of a code pair edit usually represent different procedures,
even though they may be overlapping. The edit indicates that the two procedures in
general should not be reported together if performed at the same anatomic site and same
patient encounter as those procedures would not be considered to be separate and
distinct. The provider should not use modifier 59 for such an edit based on the two
codes being different procedures. (See example 8) However, if the two procedures
are performed at separate anatomic sites or at separate patient encounters on the same
date of service, modifier 59 may be appended to indicate that they are different
procedures on that date of service. Additionally, there may be limited circumstances
sometimes identified in the National Correct Coding Initiative Policy Manual for
Medicare Services when the two codes of an edit pair may be reported together with
modifier 59 when performed at the same patient encounter or at the same anatomic site.

4. Other specific appropriate uses of modifier 59

There are three other limited situations in which two services may be reported as
separate and distinct because they are separated in time and describe non-overlapping
services even though they may occur during the same encounter.

a. Modifier 59 is used appropriately for two services described by timed codes
provided during the same encounter only when they are performed sequentially.
There is an appropriate use for modifier 59 that is applicable only to codes for which the
unit of service is a measure of time (e.g., per 15 minutes, per hour). If two timed services
are provided in blocks of time that are separate and distinct (i.e., the same time block is
not used to determine the unit of service for both codes), modifier 59 may be used to
identify the services. (See example 9)

b. Modifier 59 is used appropriately for a diagnostic procedure which precedes
a therapeutic procedure only when the diagnostic procedure is the basis for
performing the therapeutic procedure. When a diagnostic procedure precedes a
surgical procedure or non-surgical therapeutic procedure and is the basis on which the
decision to perform the surgical procedure is made, that diagnostic test may be considered

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to be a separate and distinct procedure as long as (a) it occurs before the therapeutic
procedure and is not interspersed with services that are required for the therapeutic
intervention; (b) it clearly provides the information needed to decide whether to proceed
with the therapeutic procedure; and (c) it does not constitute a service that would have
otherwise been required during the therapeutic intervention. (See example 10) If the
diagnostic procedure is an inherent component of the surgical procedure, it should not be
reported separately.

c. Modifier 59 is used appropriately for a diagnostic procedure which occurs
subsequent to a completed therapeutic procedure only when the diagnostic
procedure is not a common, expected, or necessary follow-up to the therapeutic
procedure. When a diagnostic procedure follows the surgical procedure or non-surgical
therapeutic procedure, that diagnostic procedure may be considered to be a separate and
distinct procedure as long as (a) it occurs after the completion of the therapeutic
procedure and is not interspersed with or otherwise commingled with services that are
only required for the therapeutic intervention, and (b) it does not constitute a service that
would have otherwise been required during the therapeutic intervention. If the post-
procedure diagnostic procedure is an inherent component or otherwise included (or not
separately payable) post-procedure service of the surgical procedure or non-surgical
therapeutic procedure, it should not be reported separately.

Use of modifier 59 does not require a different diagnosis for each HCPCS/CPT coded
procedure. Conversely, different diagnoses are not adequate criteria for use of modifier
59. The HCPCS/CPT codes remain bundled unless the procedures are performed at
different anatomic sites or separate patient encounters or meet one of the other three
scenarios described above.

Modifiers XE, XS, XP, XU are effective January 1, 2015. These modifiers were developed
to provide greater reporting specificity in situations where modifier 59 was previously
reported and may be utilized in lieu of modifier 59 whenever possible. (Modifier 59 should
only be utilized if no other more specific modifier is appropriate.) Although NCCI will
eventually require use of these modifiers rather than modifier 59 with certain edits,
providers may begin using them for claims with dates of service on or after January 1,
2015. The modifiers are defined as follows:

XE Separate encounter, A service that is distinct because it occurred during a
separate encounter This modifier should only be used to describe separate encounters on
the same date of service.

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XS Separate Structure, A service that is distinct because it was performed on a
separate organ/structure

XP Separate Practitioner, A service that is distinct because it was performed by a
different practitioner

XU Unusual Non-Overlapping Service, The use of a service that is distinct
because it does not overlap usual components of the main service

EXAMPLES OF MODIFIER 59 USAGE

Example 1: Column 1 Code / Column 2 Code – 17000/11100

>CPT Code 17000 Destruction (eg, laser surgery, electrosurgery, cryosurgery,
chemosurgery, surgical curettement), premalignant lesions (eg, actinic
keratoses); first lesion
>CPT Code 11100 Biopsy of skin, subcutaneous tissue and/or mucous
membrane (including simple closure), unless otherwise listed; single lesion

Modifier 59 may be reported with code 11100 if the procedures are performed at different
anatomic sites on the same side of the body and a specific anatomic modifier is not
applicable. If the procedures are performed on different sides of the body, modifiers RT
and LT or another pair of anatomic modifiers should be used, not modifier 59.

Modifier 59 is used appropriately for different anatomic sites during the same
encounter only when procedures which are not ordinarily performed or encountered
on the same day are performed on different organs, or different anatomic regions, or
in limited situations on different, non-contiguous lesions in different anatomic regions
of the same organ.
________________________________________________________________________

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Example 2: Column 1 Code/Column 2 Code 47370/76942

>CPT Code 47370 Laparoscopy, surgical, ablation of 1 or more liver tumor(s);
radiofrequency
>CPT Code 76942 Ultrasonic guidance for needle placement (eg, biopsy, aspiration,
injection, localization device), imaging supervision and interpretation

CPT code 76942 should not be reported and modifier 59 should not be used if the ultrasonic
guidance is for needle placement for the laparoscopic liver tumor ablation procedure. Code
76942 may be reported with modifier 59 if the ultrasonic guidance for needle placement is
unrelated to the laparoscopic liver tumor ablation procedure.

Example 3: Column 1 Code/Column 2 Code 93453/76000

>CPT Code 93453 Combined right and left heart catheterization including
intraprocedural injection(s) for left ventriculography, imaging supervision and
interpretation, when performed
>CPT Code 76000 Fluoroscopy (separate procedure), up to 1 hour physician or
other qualified health care professional time

CPT code 76000 should not be reported and modifier 59 should not be used for fluoroscopy
that is used in conjunction with a cardiac catheterization procedure. Modifier 59 may be
reported with code 76000 if the fluoroscopy is performed for a procedure unrelated to the
cardiac catheterization procedure.

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Example 4: Column 1 Code / Column 2 Code – 11055/11720

>CPT Code 11055 – Paring or cutting of benign hyperkeratotic lesion (eg, corn or callus);
single lesion
>CPT Code 11720 Debridement of nail(s) by any method(s); 1 to 5

CPT codes 11720 and 11055 should not be reported together for services performed on skin
distal to and including the skin overlying the distal interphalangeal joint of the same toe.
Modifier 59 should not be used if a nail is debrided on the same toe on which a
hyperkeratotic lesion of the skin on or distal to the distal interphalangeal joint is pared.
Modifier 59 may be reported with code 11720 if one to five nails are debrided and a
hyperkeratotic lesion is pared on a toe other than one with a debrided toenail or the
hyperkeratotic lesion is proximal to the skin overlying the distal interphalangeal joint of a
toe on which a nail is debrided.

Example 5: Column 1 Code / Column 2 code – 67210/67220

>CPT Code 67210 Destruction of localized lesion of retina (eg, macular edema, tumors),
1 or more sessions; photocoagulation
>CPT Code 67220 Destruction of localized lesion of choroid (eg, choroidal
neovascularization); photocoagulation (eg, laser), 1 or more sessions

CPT code 67220 should not be reported and modifier 59 should not be used if both
procedures are performed during the same operative session because the retina and choroid
are contiguous structures of the same organ.

Page 8 of 10

_______________________________________________________________________

Example 6: Column 1 Code / Column 2 Code – 29827/29820

>CPT Code 29827 Arthroscopy, shoulder, surgical; with rotator cuff repair
>CPT Code 29820 Arthroscopy, shoulder, surgical; synovectomy, partial

CPT code 29820 should not be reported and modifier 59 should not be used if both
procedures are performed on the same shoulder during the same operative session because
the shoulder joint is a single anatomic structure. If the procedures are performed on
different shoulders, modifiers RT and LT should be used, not modifier 59.

Example 7: Column 1 Code / Column 2 Code – 93015/93040

>CPT Code 93015 Cardiovascular stress test using maximal or submaximal treadmill or
bicycle exercise, continuous electrocardiographic monitoring, and/or pharmacological
stress; with supervision, interpretation and report
>CPT Code 93040 Rhythm ECG, 1 – 3 leads; with interpretation and report

Modifier 59 may be reported if the rhythm ECG is performed at a different encounter than
the cardiovascular stress test. If a rhythm ECG is performed during the cardiovascular
stress test encounter, CPT code 93040 should not be reported and modifier 59 should not be
used.

Modifier 59 is used appropriately when the procedures are performed in different
encounters on the same day.
_______________________________________________________________________

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Example 8: Column 1 Code/Column 2 code – 34833/34820

>CPT code 34833 – Open iliac artery exposure with creation of conduit for delivery of
endovascular prosthesis or for establishment of cardiopulmonary bypass, by abdominal or
retroperitoneal incision, unilateral (List separately in addition to code for primary
procedure)
>CPT code 34820 – Open iliac artery exposure for delivery of endovascular prosthesis or
iliac occlusion during endovascular therapy, by abdominal or retroperitoneal incision,
unilateral (List separately in addition to code for primary procedure)

CPT code 34833 is followed by a CPT Manual instruction that states: “(Do not
report 34833 in conjunction with 33364, 33953, 33954, 33959, 33962, 33969, 33984,
34820 when performed on the same side).” Although the CPT code descriptors for 34833
and 34820 describe different procedures, they should not be reported together for the same
side. Modifier 59 should not be appended to either code to report the two procedures for
the same side of the body. If the two procedures were performed on different sides of the
body, they may be reported with modifiers LT and RT as appropriate.

Modifier 59 is used inappropriately if the basis for its use is that the narrative
description of the two codes is different.
___________________________________________________________________

Example 9: Column 1 Code / Column 2 Code – 97140/97530

>CPT Code 97140 Manual therapy techniques (eg, mobilization/manipulation,
manual lymphatic drainage, manual traction), 1 or more regions, each 15 minutes
>CPT Code 97530 Therapeutic activities, direct (one-on-one) patient contact (use of
dynamic activities to improve functional performance), each 15 minutes

Modifier 59 may be reported if the two procedures are performed in distinctly different 15
minute time blocks. For example, one service may be performed during the initial 15
minutes of therapy and the other service performed during the second 15 minutes of
therapy. Alternatively, the therapy time blocks may be split. For example, manual therapy
might be performed for 10 minutes, followed by 15 minutes of therapeutic activities,
followed by another 5 minutes of manual therapy. CPT code 97530 should not be reported
and modifier 59 should not be used if the two procedures are performed during the same
time block.

Page 10 of 10

Modifier 59 is used appropriately when two timed procedures are performed in
different blocks of time on the same day.
______________________________________________________________________

Example 10: Column 1 Code / Column 2 Code – 37220/75710

>CPT Code 37220 Revascularization, endovascular, open or percutaneous, iliac artery,
unilateral, initial vessel; with transluminal angioplasty
>CPT Code 75710 Angiography, extremity, unilateral, radiological supervision and
interpretation

Modifier 59 may be reported with CPT code 75710 if a diagnostic angiography has not
been previously performed and the decision to perform the revascularization is based on the
result of the diagnostic angiography. The CPT Manual defines additional circumstances
under which diagnostic angiography may be reported with an interventional vascular
procedure on the same artery.

Modifier 59 is used appropriately for a diagnostic procedure which precedes a
therapeutic procedure only when the diagnostic procedure is the basis for performing
the therapeutic procedure.

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