modifier 59

We have a local insurance that denies modifier 59 on a 45385 and 45380-59. (Colonoscopy w/snare polypectomy and colonoscopy w/biopsy.), They say it is not payable an tell us to bill with 51 but they still are not paying it. We have had a meeting with the CEO and the provider representative; had the article on modifier 59 and they say the wording of 51 is more appropriate but they are not paying for a double colonoscopy modified with the 51. Since our meeting we have received payment on colon w/snare and a colon w/injection and a colon/snare and a colon ablation.

What articles, if any, can be used to fight their reasoning without them retracting the payments they made on the double procedures?

re: modifier 59

You cannot bill 45385/59 and 45380/59. When billing these two together the correct billing is 45385 and 45380/59 but not 59 on both.