Coding errors
Annual physical billed as a sick visit
The Affordable Care Act mandates that in-network preventive services be free to the patient — no copay, no coinsurance, no deductible. The legal trick: the patient went in for an annual physical (preventive, $0 cost-share), but the doctor also addressed a separate health concern (diagnostic, billable cost-share). Both can be billed, but the boundary is often blurred.
Federal basis
ACA preventive services mandate
ACA §2713 (PHSA §2713) / 45 CFR §147.130
Read the source →What this looks like in practice
Section 2713 of the ACA (codified at 42 USC §300gg-13) requires non-grandfathered group and individual health plans to cover specified preventive services without cost-sharing when delivered by in-network providers. The list comes from the USPSTF, the CDC Advisory Committee on Immunization Practices, and HRSA — annual physicals, screening colonoscopies, mammograms, well-child visits, immunizations, etc.
The most common pattern: patient schedules an annual physical (CPT 99396 or similar, $0 cost-share). During the visit, they mention a new symptom ("my back has been bothering me"), which the doctor briefly addresses. The provider bills two codes: 99396 preventive AND 99213 office E/M for the back-pain conversation. The 99213 is now subject to copay/coinsurance. AHRQ and consumer groups have flagged this pattern as a common consumer-billing surprise.
Whether the dual-coding is appropriate is a documentation question — the chart needs to show that the diagnostic work was substantively separate from the preventive visit. If it doesn't, the patient can dispute the diagnostic charge.
How to spot it on a bill
- 01.You scheduled an annual/wellness visit and expected $0 out of pocket.
- 02.The bill shows two CPT codes for the same date: a preventive code (99381–99397 or G0438/G0439) AND an E/M code (99202–99215).
- 03.You owe an unexpected copay or coinsurance.
- 04.The visit summary doesn't mention significant separate diagnostic work.
What to write — ready-to-paste language
Replace the bracketed fields with your specific details. Send by certified mail with return receipt, or via the hospital’s patient portal if it offers documented messaging. Keep a copy.
I'm writing about the bill for the visit on [date]. I scheduled this as an annual preventive exam (CPT [preventive code]), which under ACA §2713 (45 CFR §147.130) my plan is required to cover at $0 cost-share for in-network preventive services. The bill also includes CPT [E/M code], which is being processed at my normal cost-share. Please review whether the medical record documents work substantively separate from the preventive visit. If the diagnostic code does not reflect work beyond the preventive exam, please remove it. If the dual-coding is justified, please send me the chart entry from this visit per HIPAA §164.524 so I can review the documentation supporting the separate diagnostic service.
This is a starting point, not legal advice. Your specific situation may warrant additional details. Our scan tool drafts this letter automatically with your bill’s specifics filled in.
CPT codes commonly involved
These codes often appear in bills affected by this pattern. Click through for the federal benchmark price on each.
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Related scenarios
Upcoded ER visit — when the level on the bill doesn't match the chart
ER visits billed at a higher complexity level than the medical record supports are the most common billing-error pattern in the country. Federal coding rules let you dispute the level.
Unbundled charges — when one procedure gets billed as several
Federal coding rules (NCCI edits) explicitly prohibit billing certain combinations of CPT codes together. When you see them on your bill, the federal benchmark gives you grounds to dispute.
Wrong place-of-service code — facility billing for a non-facility visit
Place-of-service codes determine whether Medicare and most insurance pay the higher facility rate or the lower non-facility rate. A code mismatch can inflate a bill substantially.
Modifier-25 abuse — separate E/M billed alongside a procedure
Modifier 25 lets a provider bill an office visit alongside a procedure on the same day, but only when the visit is a 'significant, separately identifiable' service. The OIG has repeatedly flagged inappropriate use.
Common questions
What counts as preventive vs. diagnostic?
What if I had a symptom but didn't know it would change the billing?
P.S. The dispute language above is a starting point. Bills with this pattern often have additional issues alongside it — coding errors stacked with markup, surprise bills stacked with charity- care eligibility. The scan finds all of them in one pass. Start the audit →
P.P.S.Federal law gives you these rights regardless of how the bill arrived. Insured, uninsured, in-network, out-of-network — the underlying patient-protection statutes apply.
P.P.P.S. Bills are time-sensitive. Most insurance appeals must be filed within 180 days. Charity-care discounts at non-profit hospitals are most easily applied within 240 days of the original bill. Acting earlier costs less.