97035 coding question (time based)

TWILL11

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Fayetteville, NC
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Our Family Practice Office is performing Application of a modality to 1 or more areas; ultrasound, each 15 minutes (97035). The provider documented: Ultrasound of R deltoid and supraspin 4 min each, d. 2 cm, w/50 % improvement pain and ROM. I know there is an "8 minute CMS rule." Our provider feels they can bill 97035 b/c they performed the ultrasound for a total of 8 minutes. I feel they can not bill for it in this situation b/c only 1 modality was performed and if 1 modality was performed it would have to be performed for atleast 15 minutes. Advise please!!! Thanks
 
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