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If a new patient comes into the office and sees our physician assistant (PA), can our PA bill this as incident-to the physician, who is also in the office seeing patients?

No. In order for the service to qualify as incident-to, an initial encounter must have occurred between the physician and the patient, and a course of treatment established by the physician. In this situation, services performed by the PA do not meet the incident-to requirement and would not qualify because this is a new patient. The claim would be billed listing the PA as the performing provider.