Everything You Need to Know About the Medicare 8-Minute Rule | WebPT (2024)

In honor of this month’s compliance theme, here’s everything you need to know about how therapists determine what to bill to Medicare for outpatient therapy services (a.k.a. the 8-Minute Rule):

CPT Codes

There are two types of CPT codes you’ll need to understand in order to bill properly: service- and time-based.

  1. Service-based (or untimed) codes are those that you’d use for things like conducting a physical therapy evaluation or re-evaluation, applying hot/cold packs, or performing electrical stimulation (unattended). For these types of services, it doesn’t matter if you complete the treatment in 15 minutes or 45, because you can only bill for one code.
  2. Time-based (or constant attendance) codes, on the other hand, allow for variable billing in 15-minute increments when a practitioner provides a patient with one-on-one services, such as therapeutic exercise, manual therapy, neuromuscular re-education, therapeutic activities, gait training, ultrasound, iontophoresis, and electrical stimulation.

The 8-Minute Rule

Here’s where the 8-Minute Rule comes in: according to this article, in order to receive reimbursem*nt from Medicare for a time-based code, you must provide direct treatment for at least eight minutes. Here’s an example from compliance expert Tom Ambury:

Example #1

If you perform an initial evaluation for 35 minutes and therapeutic exercise for seven, you would charge one unit of physical therapy evaluation. You cannot bill for therapeutic exercise because you performed this procedure for seven minutes. Per the 8-Minute Rule, you’d need to perform therapeutic exercise for eight minutes in order to bill.

Simple, right? Well, here’s where it can get a little complicated. If you perform multiple time-based or constant attendance services, you must calculate the total number of direct timed minutes as well as the total treatment time. (Note that there’s a cumulative and distribution portion of these calculations). According to Ambury, this is what determines how many—and which—units you can bill.

Here are two more examples:

Example #2

On a single date of service, you perform 30 minutes of therapeutic exercise (EX), 15 minutes of manual therapy (MT), eight minutes of ultrasound (US), and 15 minutes of electrical stimulation unattended (ESUN). To correctly calculate the charge, you would add the constant attendance procedures and modalities:

30 min + 15 min + 8 min = 53 direct timed minutes, which support four billing units. The 15 minutes of ESUN supports an additional supervised billing unit for a total of five units.

Now, that was the cummulative portion. For the distribution portion you must determine how many full 15-minute units you performed. In this example, there are two full 15-minute units of EX and one full 15-minute unit of MT, so that‘s three units out of four. The eight minutes of ultrasound is the remaining charge. Thus, the correct billing would be two units of EX, one unit of MT, one unit of US, and one unit of ESUN.

Example #3

On a single date of service, you perform 30 minutes of therapeutic exercise (EX), 25 minutes of neuromuscular (NM), 17 minutes of manual therapy (MT), 13 minutes of therapeutic activity (TA), eight minutes of ultrasound (US), and 15 minutes of electrical stimulation unattended (ESUN). To correctly calculate the charge, you would add the constant attendance procedures and modalities:

30 min + 25 min + 17 min + 13 min + 8 min = 93 direct timed minutes, which support six billing units. The 15 minutes of ESUN supports an additional supervised billing unit for a total of seven units.

Now, that was the cumulative portion. For the distribution portion you must determine how many full 15-minute units you performed. In this example, there are two full 15-minute units of EX, one full 15-minute unit of NM with ten minutes left over, and one full 15-minute unit of MT with two minutes left over—all of which support four units of charge.

But what to do about those leftover minutes? As a reminder, we have 13 minutes of TA, ten minutes of NM, eight minutes of US, and two minutes of MT remaining. This justifies two additional units, but which two? To determine this, compare the time left over from the incomplete units and then bill the two largest of the units remaining. In this example, you’d add one unit of TA (13 minutes) and one unit of NM (ten minutes).

Thus, the correct billing would be two units of EX, two units of NM, one unit of MT, one unit of TA, and one unit of ESUN.

According to Ambury: “The key to the 8-Minute Rule is to do the math. Calculate the total units justified by time; calculate the full 15-minute units; and if time justifies additional units, compare the minutes of the partial units remaining and bill the larger.”

Now, a good EMR (like WebPT) will provide you with plenty of help and alerts to ensure that you’re billing appropriately and in compliance with the 8-Minute Rule. But you should still understand the basics and check your work to make sure everything is in order.

For reference, this article provides a great guide on how many units to report for different total treatment times. Have 8-Minute Rule questions? Ask ’em in the comments section below, and we’ll find you the answers.

Everything You Need to Know About the Medicare 8-Minute Rule | WebPT (2024)

FAQs

What is the 8 minute rule for Medicare? ›

What is the 8-minute rule? The 8-minute rule is a stipulation that allows you to bill Medicare insurance carries for one full unit if the service provided is between 8 and 22 minutes. As such, this can only apply to time-based CPT codes.

What is the 8 minute rule example? ›

The AMA's rule of eights

For example, if you bill for 8 minutes of therapeutic exercise (97110) and 8 minutes for manual therapy (97140), you would bill two separate physical therapy billing units under the Rule of Eights (1 unit of 97110 on one line and 1 unit of 97140 on the second line).

What is the 8 minute rule and how is the time billed for two units? ›

The 8 minute rule helps therapists determine the number of units they can bill for a specific timed service. Service units for therapy occur in 15-minute increments. For example, a 30-minute session would be billed and reimbursed for two units.

What is the difference between the Medicare 8 minute rule and the rule of 8s? ›

The rule of 8s follows the same principles of the 8-minute rule, but it is calculated per service. In other words, a clinician needs to perform half the service time outlined in a timed code before she can bill for one unit of that code.

What insurances follow 8-minute rule? ›

The 8-Minute Rule applies to Medicare in addition to a swathe of other plans (including some that fall under federal, state, and commercial purview). That said, to determine the requirements for individual payers, it's best to contact the payer directly.

What is the 8 month rule for Medicare? ›

This 8-month period is called a Special Enrollment Period (SEP). If you enroll in Medicare Part B during this SEP, you will not be required to pay a late enrollment penalty.

When did the 8 minute rule start? ›

Medicare introduced the 8-minute rule in 1999 and fully adopted it in 2000. Put simply, the 8 minute rule dictates that healthcare providers must provide at least eight minutes of direct, face-to-face patient care to bill for one unit of a timed service. Anything less than that doesn't qualify as billable time.

What is the 5 8 minute rule? ›

So even when the infants are sleeping, they're very keen on what parents are doing." Kuroda reiterated that walking with an infant in your arms for five minutes continuously is crucial — then it can be followed by five to eight minutes of sitting with the child in your arms in order to "stabilize their sleep."

Does the 8 minute rule apply to untimed codes? ›

One of the most confusing aspects of Physical Therapy billing is Medicare's 8 Minute Rule for time-based codes. Physical Therapy billing codes are either timed codes or untimed codes for billing purposes. Untimed codes are reported as one unit per day. Timed codes are reported using the 8 Minute Rule.

What is the 8 minute rule for MDS? ›

The key feature of the 8-minute rule—and the origin of its namesake—is that a therapist must provide direct treatment for at least eight minutes to receive payment from Medicare for a time-based (or constant attendance) CPT code.

What is the difference between SPM and the 8 minute rule? ›

8 minute rule is only applied to medicare payers, so most of the commercial payers don't follow the medicare guidelines and this is where SPM comes into play. It goes way similar to 8 minute rule but the main difference between the two is that under SPM a therapist cannot bill for leftover or remainder minutes.

Can you bill group therapy and individual therapy on the same day? ›

To be clear, that doesn't preclude you from billing for both group therapy and individual therapy on the same day—so long as the group session is clearly distinct or independent from the individual services and you use modifier 59. (For more information, check out this modifier 59 post.)

How does the 8 minute rule work? ›

Under the 8-Minute Rule, you can bill Medicare for a single “billable unit” of service if it lasts at least eight minutes (up to 22 minutes). After that, you calculate billable units in 15-minute increments. Medicare rolled out the 8-Minute Rule in April 2000.

What is the 2 2 2 rule in Medicare? ›

The two-midnight rule is used when a clinician believes that a Medicare beneficiary needs hospital care that will likely eclipse two midnights—requiring inpatient care instead of cheaper outpatient care, Regan Tankersley, an attorney at the law firm Hall Render who advises healthcare systems, told Healthcare Brew.

What is the 80 20 Medicare rule? ›

The 80/20 Rule generally requires insurance companies to spend at least 80% of the money they take in from premiums on health care costs and quality improvement activities. The other 20% can go to administrative, overhead, and marketing costs. The 80/20 rule is sometimes known as Medical Loss Ratio, or MLR.

What is the 60 rule for Medicare? ›

The 60% Rule is a Medicare facility criterion that requires each IRF to discharge at least 60 percent of its patients with one of 13 qualifying conditions.

How many units is 8 minutes? ›

The 8-minute rule was introduced into the physical therapy billing process in the year 2000 and is utilized by outpatient physical therapy services, allowing a physical therapy practitioner to bill for services as long as they see their patient for at least eight minutes, which would serve as one unit of therapeutic ...

What is the 63 day rule for Medicare? ›

Your plan must tell you each year if your non-Medicare drug coverage is creditable coverage. If you go 63 days or more in a row without Medicare drug coverage or other creditable prescription drug coverage, you may have to pay a penalty if you sign up for Medicare drug coverage later.

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