New patient vs established patient

Hi All,
Two MD's at the practice are retiring and many of the patients are opting to establish with the other doctors within the practice. These physicians do not bill under a group TIN as they are all private practice. Since these patients have been seen by a physician in the office within the past three years it is my understanding that a new patient E&M code cannot be used for the first visit with the new MD. Please correct me if I'm wrong. Thank you!

re: New patient vs established patient

If the physician is not a member of the same group as the retiring physician and not seen the patient in 3 years then he may bill as new.