Providers have used modifier 59 to bypass edits preventing separate payment for services that shouldn't be claimed together, the Office of Inspector General found. Overbilling has resulted.

The modifier -59 is appended to the procedure that is listed in the second column identifying it as a distinct and separate service not normally reported together with the primary procedure, but ...

Same diagnosis, but for different reasons. Documentation should show this, and you should be able to win an appeal and/or be justified in using modifier -59 based on this kind of documentation when ...