Guide · Therapy billing

The Medicare 8-Minute Rule Explained, With Worked Examples (2026)

How Medicare turns the minutes you spend with a patient into billable units, with the exact method CMS uses and the mistakes auditors find most.

Rules checked October 21, 2026 against CMS Medicare Claims Processing Manual, ch. 5, § 20.2. Next scheduled check: November 20, 2026. See all rule updates
The short answer

Medicare bills timed therapy codes in 15-minute units. Add up all the timed minutes in the visit: 8 to 22 minutes is 1 unit, 23 to 37 is 2, 38 to 52 is 3, and each further 15 minutes adds one more. Give each code a unit for every full 15 minutes, then give any remaining units to the codes with the most leftover minutes.

Use the free calculator to do this for any visit.

Key facts

Who uses itMedicare Part B outpatient PT, OT and speech therapy
Applies toTimed CPT codes, such as 97110, 97112, 97140 and 97530
Minimum for one unit8 minutes of total timed service
How minutes are countedPooled across all timed codes in the visit
Rule sourceMedicare Claims Processing Manual, ch. 5, sec. 20.2
Last checkedOctober 21, 2026

Minutes to units chart

The visit’s total timed minutes set how many units you can bill. The chart shows where each new unit begins.

Medicare billable units by total timed minutesUnder 8 minutes, no units. 8 to 22 minutes, 1 unit. Each further 15 minutes adds 1 unit: 23 to 37 is 2, 38 to 52 is 3, 53 to 67 is 4, 68 to 82 is 5, 83 to 97 is 6.0123456708233853688398Total timed minutes in the visitUnits8 min: first unit0 to 7 minutes: 0 units8 to 22 minutes: 1 unit23 to 37 minutes: 2 units38 to 52 minutes: 3 units53 to 67 minutes: 4 units68 to 82 minutes: 5 units83 to 97 minutes: 6 units98 to 100 minutes: 7 units
Each step is one more billable unit. The first unit starts at 8 minutes; every 15 minutes after that adds one. Source: CMS Medicare Claims Processing Manual, chapter 5, section 20.2.
Total timed minutesUnits
Fewer than 80
8 to 221
23 to 372
38 to 523
53 to 674
68 to 825
83 to 976

The CMS method, step by step

Knowing the total units is half the job. You also have to decide which code gets each unit. CMS describes it this way.

  1. Add the timed minutes. Count only direct time spent providing timed services. Untimed services and time spent on notes before or after the patient are left out.
  2. Find the total units from the chart above.
  3. Assign full units. Each code gets one unit for every full 15 minutes it ran.
  4. Assign the rest by leftover minutes. If more units remain, they go to the codes with the most minutes left over after the full blocks.
  5. Check for ties. When two codes have the same leftover minutes, either may take the unit. Follow your Medicare Administrative Contractor’s guidance and apply one rule consistently.

Four worked examples

These follow the examples in CMS’s manual and in common billing references. You can load each one in the calculator.

Example 1

A short service still earns a unit

CodeMinutesFull blocksLeftoverUnits billed
9711033232
971407071
Total403

40 total minutes allow 3 units. 97110 gets 2 for its two full blocks. The third unit goes to 97140, whose 7 leftover minutes beat 97110’s 3, even though 97140 ran under 8 minutes.

Example 2

The larger leftover wins

CodeMinutesFull blocksLeftoverUnits billed
9711224192
9711023181
Total473

47 minutes allow 3 units. Each code has one full block. The third unit goes to 97112, with 9 leftover minutes against 8.

Example 3

Four short services

CodeMinutesFull blocksLeftoverUnits billed
971108081*
971128081*
971408080*
975308080*
Total322

32 minutes allow only 2 units, even though each service reached 8 minutes. All four codes tie at 8 leftover minutes, so any two may be billed. Under the rule of eights, the same visit would be 4 units.

Example 4

A tie for the last unit

CodeMinutesFull blocksLeftoverUnits billed
9711018131 or 2
9714017121
9753018131 or 2
Total534

53 minutes allow 4 units. Each code gets 1 for its full block. The fourth unit goes to 97110 or 97530, which both have 3 leftover minutes; 97140 has 2.

* In example 3, which two codes are billed is a tie. The table shows one valid choice.

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Medicare vs the rule of eights

Many commercial payers use the rule of eights instead. It comes from the CPT time rule: a unit is reached once its midpoint is passed. The difference is that each code is counted on its own, with no pooling.

Medicare 8-minute ruleRule of eights
Minutes countedPooled across the visitPer code
Code under 8 minutesCan get a unit from leftover minutesNever billed
Four codes of 8 minutes2 units4 units
Who uses itMedicare Part B, and payers that adopt itMany commercial payers

Check each payer contract. Using the wrong method can underbill one payer and overbill another.

Timed and untimed codes

Only timed codes go into the minute count. Untimed codes are billed as one unit per session, however long they take. Their minutes still go into total treatment time in your note.

Timed (counted)Untimed (one unit)
97110 Therapeutic exercise97161 to 97163 PT evaluations
97112 Neuromuscular re-education97164 PT re-evaluation
97116 Gait training97165 to 97167 OT evaluations
97140 Manual therapy97168 OT re-evaluation
97530 Therapeutic activities97150 Group therapy
97535 Self-care trainingG0283 Unattended electrical stimulation

What to document

CMS’s documentation fact sheet lists what reviewers look for in outpatient therapy records. For timed codes, the essentials are:

  • The total timed code treatment minutes for the visit.
  • The total treatment time, including untimed services.
  • A progress report at least once every 10 treatment days.
  • A plan of care certified by the physician or practitioner within 30 days of the first treatment, and recertified at least every 90 days.
  • Verbal orders documented and signed within 14 days.

Our plan of care calculator works out these dates for any patient. Source: CMS MLN905365, Complying with Outpatient Rehabilitation Therapy Documentation Requirements.

2026 KX and review thresholds

Units add up to dollars, and dollars trigger extra rules. For 2026, CMS set these amounts per patient per year:

ThresholdPT and speech combinedOT
KX modifier required above$2,480$2,480
Targeted medical review above$3,000$3,000

Services by a PT or OT assistant carry the CQ or CO modifier and are paid at 85%. Source: CMS, CY 2026 Therapy Services Updates. Check a patient with the KX threshold calculator.

What audits found

Federal auditors and prosecutors keep finding the same problems in therapy billing. These are public cases from other organizations, linked to the original reports.

Federal audit · 201861%

of 300 sampled outpatient physical therapy claims did not meet Medicare requirements. OIG estimated $367 million in improper payments for July to December 2013.

Source: HHS OIG, A-05-14-00041 (March 2018)
Federal audit · 201664 of 100

sampled patient days at one Northern California practice did not comply with Medicare rules, costing at least $583,000 in unallowable payments.

Source: HHS OIG, A-09-14-02040 (November 2016)
Settlement · 2026$4,969,494

paid by a Michigan therapy chain to resolve allegations that it billed one-on-one timed codes for group therapy from 2018 to 2024, when patients were treated in a group. The settlement resolves allegations.

Source: US Attorney’s Office, Eastern District of Michigan (March 2026)

Common mistakes

  • Billing each code on its own for Medicare. This is the rule of eights, and it often overbills Medicare.
  • Counting untimed minutes. Evaluation time does not add timed units.
  • Counting note-writing time. Only time spent with the patient counts.
  • Billing one-on-one codes for group sessions. Group therapy is 97150.
  • Notes that don’t match the claim. Total timed minutes in the note must support the units billed.

Questions

Does the 8-minute rule apply to every payer?

No. It is Medicare’s method for timed outpatient therapy codes. Medicare Advantage plans, Medicaid programs and commercial payers set their own rules: some follow the Medicare method and many commercial payers use the rule of eights. Your payer contract decides.

Is 7 minutes ever billable?

On its own, no. Under Medicare, a service with fewer than 8 minutes can still receive a unit when the visit’s total timed minutes support it and that service has the most leftover minutes.

How many units is 60 minutes?

Four units. 53 to 67 total timed minutes equal 4 units under Medicare.

Do minutes spent writing notes count?

No. Only time spent providing the service to the patient counts. CMS says pre- and post-delivery work is not counted toward treatment time.

Does the rule apply to group therapy?

No. Group therapy is billed with the untimed code 97150, once per patient per session. Timed codes require direct one-on-one contact.

Sources

This guide gives general information, not billing or legal advice. Rules can differ by payer and Medicare Administrative Contractor. Last checked October 21, 2026.