Carging an E&M in place of a procedure

Can a Provider legally charge a low E&M in place of a procedure code to save the patient money? Also can they charge a nure only 99211 for the initial visit? We are a Rural Health clinic and from all I've found a 99211 is strictly a nurse only level and Medicare does not recognize it as an encounter. In this case the provider wants to charge a 99211 for the initial visit and then a 99213 for the removal of some moles. Is that legal?