E/M Level When Patient is Non-compliant With Treatment Advice

Question:

An established patient presents to my office with severe exacerbation of an existing condition, and I recommend they be urgently transferred to the ER for admission. The patient refuses and prefers to leave against my medical advice. May I still bill a level 5 E/M for a high level problem that requires hospitalization and urgent intervention?

Answer:

Yes. If a visit MDM would equate to a level 5 visit (e.g. 99215) based on the presenting problem (severe exacerbation) and risk (urgent admission with intervention), patient non-compliance with a provider’s medical recommendations does not preclude the provider from billing the appropriate level E/M.

*This response is based on the best information available as of 5/8/25.