New Patient vs Established compliance

I have a new provider coming to our practice. Because he is coming for a different speciality group, I know I can bill his patients as a new patient (99205-99201) if he documents appropriately. My question is does it matter (legal?, compliance?) if some patients are billed as new patient and some as established. The provider may not have time or decide not to do a full H & P so I would not be able to bill a new patient code.

Also, I would appreciate any feedback on how to explain to patient's that we can bill for a new patient visit even though they have seen this provider for years, just at with a different group. Patients see the higher charge on their EOB's and get a little upset.

Thank you.

New Patient vs Established compliance