Fair Square Medicare Wordmark

What is the 8-Minute Rule on Medicare?

Saving money against a stopwatch stock image
By Daniel Petkevich
Dec 21, 2022

Avoid getting charged extra with this rule

At Fair Square Medicare, we want to ensure that you are getting a fair deal on your Medicare expenses. That extends from choosing the right policy for you and empowering you to advocate against unnecessary costs. Understanding the 8-minute rule is critical to ensure you aren't being over-billed. Let's dig into what the rule means for you.

Stay Up to Date on Medicare!

Join the Fair Square Medicare Newsletter to stay informed on cost savings, changes to Medicare, and other valuable healthcare information.

Overview of the 8-Minute Rule on Medicare

The 8-minute rule is a Medicare billing guideline that states that as long as a healthcare provider spends at least 8 minutes face-to-face with a patient during a visit, they can bill for a certain level of service. This rule applies to evaluation and management (E/M) services, which are a type of medical service that includes the assessment, diagnosis, and treatment of a patient's condition.
The 8-minute rule is based on the idea that a certain amount of time is required for a healthcare provider to perform a comprehensive evaluation and management service. However, the rule is somewhat controversial because it does not consider the complexity of the patient's condition or the amount of time required to treat it.
It is important to note that the 8-minute rule is not a hard and fast rule, and it is not the only factor that determines how much a healthcare provider can bill for E/M services. Other factors, such as the patient's condition and the level of treatment provided, also play a role in determining the appropriate level of billing.

How the 8-Minute Rule affects medical billing and reimbursement

The 8-minute rule has an important impact on medical billing and reimbursement. Healthcare providers must spend at least 8 minutes face-to-face with a patient in order to bill for the level of service they provide.
If a provider spends more than 8 minutes, then they can bill for a higher level of service. On the other hand, if the provider spends less than 8 minutes, then they can only bill for a lower level of service.
As a result, healthcare providers must carefully track their time in order to ensure that they are billing at the appropriate level and not overbilling for services.

What services are covered by the 8-Minute Rule?

The 8-minute rule applies to all evaluation and management (E/M) services. These services include assessing, diagnosing, and treating a patient's condition. This includes office visits for routine checkups, as well as visits for more complex treatments such as surgeries or other procedures.

How to determine if a service is subject to the 8-Minute Rule?

To determine if a service is subject to the 8-minute rule, look for signs of complexity or additional time required for assessment, diagnosis, or treatment.
For example, if a patient requires complex testing or an extensive physical examination, then the provider may need more than 8 minutes to adequately assess and treat the patient. In this case, the provider may be able to bill for a higher level of service than would otherwise be allowed with just 8 minutes.

Tips for patients on how to look out for the 8-Minute Rule

Patients should be aware of the 8-minute rule when seeking medical care. If a healthcare provider appears to be rushing through an appointment, or if they do not appear to be providing comprehensive care, this could be a sign that the provider is trying to bill for more than what was actually provided.
Additionally, patients should ask questions if they are unsure of the level of service they are receiving or how much time is being spent with them. This can help ensure that patients are receiving proper care and that healthcare providers are billing at the appropriate level.

Examples of situations in which the 8-minute rule does not apply

In some cases, the 8-minute rule may not apply to a particular service. For example, if a provider is offering an educational or counseling session with a patient, then this may not be subject to the 8-minute rule since it does not involve assessment and treatment of a medical condition.
Additionally, certain services such as end-of-life care, emergency treatment, or preventive care may also be exempt from the 8-minute rule. In these cases, the provider should refer to the relevant billing regulations in order to determine which level of service they should bill for.

Conclusion

The 8-minute rule is a Medicare regulation that states that healthcare providers must spend at least 8 minutes face-to-face with a patient in order to bill for the level of service they provide. Give us a call at Fair Square Medicare for all your Medicare-related questions. Our team of experts is ready.

Stay Up to Date on Medicare!

Join the Fair Square Medicare Newsletter to stay informed on cost savings, changes to Medicare, and other valuable healthcare information.

Recommended Articles

Senior person holding tissue roll near a toilet bowl, using walker to walk to the bathroom stock photo
Is Emsella Covered by Medicare?
Nov 21, 2022
stair lift stock photo
Does Medicare Cover Stair Lifts?
Nov 18, 2022
Nashville city skyline stock image
14 Best Ways for Seniors to Stay Active in Nashville
Mar 10, 2023
woman working from home with a headset on stock image
How Do Medicare Agents Get Paid?
Apr 12, 2023
Cover image
Health Savings Accounts (HSAs) and Medicare
Jan 24, 2024
Physiotherapist showing workout record on exercise bike
Does Medicare Cover Exercise Physiology?
Jan 11, 2023
What is the ICEP?
What is the Medicare ICEP?
Apr 7, 2023
Medicare Set Aside funds stock image
What Happens to Unused Medicare Set-Aside Funds?
Jan 20, 2023
Gloved hands with a scalpel begin a knee replacement surgery
Does Medicare Cover Iovera Treatment?
Jan 11, 2023
Mouth guard used to help treat sleep apnea
Does Medicare Cover Mouth Guards for Sleep Apnea?
Dec 8, 2022
bearded man holding his head in confusion looking at his laptop stock image
Why Is Medicare So Confusing?
Apr 19, 2023
Doctor talking to patients are explaining the treatment of a patient's illness stock photo
How Much Does Rexulti Cost with Medicare?
Jan 24, 2023
Cover image
Can I Change My Primary Care Provider with an Advantage Plan?
Aug 25, 2023
Caucasian nurse holding spine model against the patients backs. Clinic interior. stock photo
Does Medicare Cover SI Joint Fusion?
Nov 28, 2022
Cover image
Will Medicare Cover it?
Oct 3, 2023
Pile of junk in a house, hoarder room pile of household equipment needs clearing out stock photo
Does Medicare Cover Hoarding Cleanup?
Jan 10, 2023
Close up of a senior clutching their right wrist in pain stock photo
Does Medicare Cover Cala Trio?
Nov 23, 2022
surgeons working over a patient stock image
Does Medicare Cover LVAD Surgery?
Nov 30, 2022

More of our articles

13 Best Ways for Seniors to Stay Active in Jacksonville

13 Best Ways for Seniors to Stay Active in Philadelphia

13 Best Ways for Seniors to Stay Active in Phoenix

14 Best Ways to Stay Active in Charlotte

15 Best Ways for Seniors to Stay Active in Denver

2024 Cost of Living Adjustment

2024 Fair Square Client Retention and Satisfaction Report

2025 Medicare Price Changes

Building the Future of Senior Healthcare

Can Doctors Choose Not to Accept Medicare?

Can I Change Medicare Advantage Plans Any Time? | Medicare Plans

Can I switch From Medicare Advantage to Medigap?

Can I Use Medicare Part D at Any Pharmacy?

Costco Pharmacy Partners with Fair Square

Do I Need to Renew My Medicare?

Do Medicare Supplement Plans Cover Dental and Vision?

Does Medicare Cover Bariatric Surgery?

Does Medicare Cover Breast Implant Removal?

Does Medicare Cover Cartiva Implants?

Does Medicare Cover Cataract Surgery?

Does Medicare Cover Cold Laser Therapy (CLT)?

Does Medicare Cover Cosmetic Surgery?

Does Medicare cover Deviated Septum Surgery?

Does Medicare Cover Flu Shots?

Does Medicare Cover Geri Chairs?

Does Medicare Cover Hepatitis C Treatment?

Does Medicare cover Hyoscyamine?

Does Medicare Cover Ilumya?

Does Medicare Cover Incontinence Supplies?

Does Medicare Cover Inqovi?

Does Medicare Cover Jakafi?

Does Medicare Cover Kidney Stone Removal?

Does Medicare Cover Macular Degeneration?

Does Medicare Cover Medical Marijuana?

Does Medicare Cover Mental Health?

Does Medicare Cover Nuedexta?

Does Medicare Cover Orthodontic Care?

Does Medicare Cover Ozempic?

Does Medicare Cover Penile Implant Surgery?

Does Medicare Cover Qutenza?

Does Medicare Cover Robotic Surgery?

Does Medicare Cover the WATCHMAN Procedure?

Does Medicare Cover Wart Removal?

Does Medicare Cover Xiafaxan?

Does Medicare Cover Zilretta?

Does Medicare pay for Opdivo?

Does Your Plan Include A Free Gym Membership?

Everything About Your Medicare Card + Medicare Number

Fair Square Bulletin: We're Revolutionizing Medicare

Fair Square Client Newsletter: AEP Edition

Finding the Best Dental Plans for Seniors

How Are Medicare Star Ratings Determined?

How is Medicare Changing in 2025?

How Much Does Medicare Cost?

How Often Can I Change Medicare Plans?

How to Become a Medicare Agent

How to Enroll in Social Security

How Your Employer Insurance and Medicare Work Together

Is Balloon Sinuplasty Covered by Medicare?

Is Vitrectomy Surgery Covered by Medicare?

Medicare 101

Medicare Advantage MSA Plans

Medicare Explained

Saving Money with Alternative Pharmacies & Discount Programs

Top 10 Physical Therapy Clinics in San Diego

Welcome to Fair Square's First Newsletter

What Are Medicare Part B Excess Charges?

What If I Don't Like My Plan?

What You Need to Know About Creditable Coverage

What's the Deal with Flex Cards?

When to Choose Medicare Advantage over Medicare Supplement

Which Medigap Policies Provide Coverage for Long-Term Care?

Your Medicare One-Stop-Shop

Your guide to Medicare Parts A & B, Medicare Advantage, and Medigap. 100% free.
Get the Fair Square Bulletin

Medicare savings tips, helpful guides, and more.

About

Medicare 101

Current Clients

Medicare Supplement Plans

Medicare Advantage Plans

Fair Square 2025

Terms of Use
Notice of Privacy Practices

Virgil Insurance Agency, LLC (DBA Fair Square Medicare) and www.fairsquaremedicare.com are privately owned and operated by Help Button Inc. Medicare supplement insurance plans are not connected with or endorsed by the U.S. government or the federal Medicare program. This is a solicitation of insurance. A licensed agent/producer may contact you. Medicare Supplement insurance is available to those age 65 and older enrolled in Medicare Parts A and B and, in some states, to those under age 65 eligible for Medicare due to disability or End-Stage Renal disease. Virgil Insurance Agency is a licensed and certified representative of Medicare Advantage HMO, HMO SNP, PPO, PPO SNP and PFFS organizations and stand-alone PDP prescription drug plans. Each of the organizations we represent has a Medicare contract. Enrollment in any plan depends on contract renewal. The plans we represent do not discriminate on the basis of race, color, national origin, age, disability, or sex. Plan availability varies by region and state. For a complete list of available plans please contact 1-800-MEDICARE (TTY users should call 1-877-486-2048), 24 hours a day/7 days a week or consult www.medicare.gov. © 2025 Help Button Inc

We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options.

MULTIPLAN_FairSquareMedicare_01062022_M