When to add Modifier 57?

I believe I have seen documentation from CMS durig 2010, stating we only use the Modifier 57 on the day of or the day before a surgery is to be performed if the decision to perform the surgery were made on one of those two days.

My interpretation of this guideline isif the surgery is put off for several days, the modifier 57 is not added to the E & M performed when it is not on the day of or the day prior to the surgery.

Example: I have been marked down several times on work, due to non-use of the modifier 57 when during the visit it states, the patient is using (an anticooagulent) for ( reason for it's use) say; Cardio Vascular Disease, and we will keep the patient in the hospital pending a good blood level, before we can perform the surgery.

In these cases and there were several for patients with hip fractures, where I did not use the modifier 57, , because the surgery was going to be delayed, and not performed the next day. Whether I am corect or not, would someone please provide the supporting documentation for the proper use of this modifier. The article in this location states:

E/M services provided on the day of the day before a major surgical procedure are included as part of the pre-operative services valued in the Relative Value Units for that code. If however, the E/M service provided the day of or the day before a major surgical procedure was the E/M service that resulted in the decision for surgery, it is separately payable. Indicate this by appending modifier 57 to that E/M service.

Thank you for your kind assistance. I also need the link so I can see the responses.

Respectfully,
Judith Rosenberg, CPC