Guaranteed-issue rights (also called “Medigap protections”) are federal rights that allow you to buy a Medicare Supplement policy without medical underwriting — meaning an insurer cannot deny you coverage or charge you more based on your health history.
When Guaranteed-Issue Rights Apply
Outside of your standard 6-month Open Enrollment Period, guaranteed-issue rights are triggered by specific qualifying events. If one of these situations applies to you, you have a guaranteed right to buy certain Medigap policies — regardless of your health status.
If your Medicare Advantage plan stops operating in your service area, you have a guaranteed right to switch to Medigap. You must apply within 63 days of losing your current coverage.
If you relocate and your current Medicare Advantage or Medigap plan doesn’t cover your new area, you have guaranteed-issue rights to enroll in a new Medigap plan.
If you joined a Medicare Advantage plan for the first time and want to switch back to Original Medicare within 12 months, you have a guaranteed right to buy a Medigap policy. This is a one-time trial right — it applies the first time you join Medicare Advantage, not to subsequent plan changes.
If you dropped a Medigap policy to try Medicare Advantage for the first time and want to switch back within 12 months, you can return to the same Medigap policy (or a comparable one) with guaranteed acceptance.
If your current Medigap insurer becomes insolvent or otherwise violates the terms of your policy, you have guaranteed-issue rights to enroll in another plan.
If you have Medicare and were covered by an employer or union group health plan, and that coverage ends, you may have guaranteed-issue rights to purchase a Medigap plan.
Certain changes to Programs of All-Inclusive Care for the Elderly (PACE), Medicaid, or Medigap SELECT plans can also trigger guaranteed-issue rights depending on the specific circumstances.
Which Plans Are Available Under Guaranteed Issue
Federal law guarantees access to Plans A, B, D, G, K, and L in most guaranteed-issue situations. In some specific situations (like the trial rights), you may be entitled to the plan you previously held. The exact plans available depend on which triggering event applies to you.
Most guaranteed-issue windows are 63 days from the date your qualifying event occurs or your previous coverage ends. Missing this window eliminates the guaranteed-issue right — you’d need to apply through standard underwriting instead. Act promptly when a qualifying event occurs.
State Protections Beyond Federal Law
Several states provide additional guaranteed-issue protections beyond federal minimums — including annual enrollment windows, birthday rules, or broader qualifying events. We’re licensed in 35+ states and can tell you specifically what protections are available in your state.
What Guaranteed Issue Doesn’t Mean
Think You May Have a Qualifying Event?
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