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Medicare Supplement rights

Could a plan exit give you a right to buy Medigap without health underwriting?

In certain protected situations, federal Medicare rules provide guaranteed-issue rights for specific Medicare Supplement policies.

When can a plan exit create a Medigap right?

Under federal Medicare guidance, a person with Medicare Advantage may have a guaranteed-issue right if the plan leaves Medicare, stops providing care in the person's area, or certain other protected situations apply. This protection applies when the person switches to Original Medicare rather than enrolling in another Medicare Advantage plan.

What “guaranteed issue” means

In a protected situation, a Medigap insurance company must sell an eligible policy, must cover pre-existing conditions, and cannot charge more because of past or present health problems.

Not every plan letter is included

The federal Medicare guide lists certain Medigap plan letters for this situation. Eligibility also depends on when you first became eligible for Medicare, and state law may provide additional rights.

The application window is limited.

Medicare's Medigap guide says the federal application window for this type of protected situation can begin as early as 60 days before Medicare Advantage coverage ends and generally extends no more than 63 days after the coverage ends. The termination notice can also contain an important deadline.

Do not discard the termination or non-renewal notice. A Medigap insurer may ask for proof that you qualify for guaranteed-issue protection.

What should you compare?

Timing is important.

If a Medicare Advantage plan is ending, review the notice promptly so you do not miss an enrollment or guaranteed-issue deadline.

Request a Medicare review

Official reference: Medicare's current Medigap guide describes federal guaranteed-issue protections and application deadlines. View the Medicare Medigap guide ↗

Medicare disclosure: Not affiliated with the U.S. government or federal Medicare program. Please note that I do not offer every plan available in your area. Currently I represent 8 organizations which offer 47 products in your area. Please contact Medicare.gov, 1-800-MEDICARE, or your local State Health Insurance Program (SHIP) to get information on all your options.