Uh, it sounds like your billing people are pretty dumb.
I agree. The billers are wrong. You shouldn't listen to a biller when they are wrong. Saying someone needs to be admitted would just mean that we would be pressured to admit people who don't warrant admission.
The criteria is not "I'm sending to the hospital" but instead "I'm making a serious decision about the indication of an admission."
If they have diagnoses that also meet level 5 criteria, then it's absolutely a level 5.
Saying "I think you would benefit from hospitalization but you do not meet involuntary criteria. I cannot force you to go" definitely meets the muster for risk.
It would also work if you evaluated someone with chronic suicidal ideation who is having a brief dip in their mood with self-injurious behavior and you need to assess whether they need medical or psychiatric hospitalization, regardless of whether or not they do in fact need it. Obviously, saying you made that level of an evaluation for a thin scratch instead of an actual cut of skin probably doesn't meet level 5.
Command auditory hallucinations to harm someone else that they can manage to ignore and they have an adequate support / supervision and safety plan and appropriate decisions are made regarding medications and other factors? Clozapine and/or ECT also discussed but ultimately not started after shared decision making? Also level 5 risk.
I also agree with adding a psychotherapy add-on, since I'm always doing some significant supportive psychotherapy while assessing someone who's that high risk, at least 16 minutes of that time.
If it takes 35 minutes face-to-face and you're not interested in doing the psychotherapy code, it isn't hard to do some medically indicated extra timed steps to ensure you meet time-based billing. Calling collateral could be helpful. Calling the PCP would count. Calling their pharmacist to discuss trends in prescription filling or complete a med rec to ensure they aren't stocking up on potentially toxic medications you aren't prescribing counts. Talking to a partner/colleague for advice counts. Reviewing your own records, sending prescriptions, and documenting your encounter counts. Calling the patient at the end of the day to ensure a new crisis hasn't come up counts. Any / all of those are warranted and the minimum time for 99215 is only 40 minutes.