CMS has stated explicitly that if a shared visit is not incident to, it must be billed under the mid-level. But one of my doctors is questioning why we can’t bill it under him if the patient has two problems: the mid-level provider only treats follow-up problem, and he (the doctor) evaluates and treats the new problem.

Technically, this is a shared visit, and it is not incident to. Yet it seems that it would be perfectly fair to bill the visit under the doctor, since the mid-level is only performing that portion which is incident to. Can we do this?