pt in and out same billing H&P's

We had a patient that was inpatient from 5/31-6/3/11 and then discharged on this date (first H & P done on 5/31). He came back to the ER on 6/3 and was then in for observation from 6/3-6/5. Then was changed to inpatient from 6/5-6/7. Can our doctor do another h &P on 6/4 since he was readmitted. Would this be outpatient or inpatient?
PLEASE HELP