Guaranteed Issue Medicare Supplement: Your Rights Explained

When you have a guaranteed issue right, an insurer that sells the covered plans in your state must accept your application. It cannot turn you down, cannot charge you more because of past or present health problems, and must cover pre-existing conditions without a waiting period.

Guaranteed issue is different from your one-time Medigap open enrollment period. That six-month window starts when you are 65 and have Part B, and it lets you buy any plan. Guaranteed issue rights come up later, when specific life events happen. Learn more about the Medigap open enrollment period.

Federal law lists a set of situations that trigger a right to buy Medigap. The table below summarizes the most common ones in plain language.

Based on federal Medigap guaranteed issue rules described by Medicare and CMS. Details and proof requirements vary by case.

A guaranteed issue right does not always open every plan letter. In most federal situations, you can choose from a limited menu sold by any insurer in your state.

If you became eligible for Medicare on or after January 1, 2020, Plans D and G take the place of Plans C and F. The trial right at 65 is broader and generally lets you buy any plan the insurer sells. When you used a first-time Advantage trial, you can usually go back to the same policy you dropped if the company still sells it.

Most people pick Plan G because it covers everything except the Part B deductible, which is $283 in 2026. Compare the details in our Plan G coverage details guide.

Timing is where many people lose their rights. In most federal situations, you can apply as early as 60 days before your other coverage ends, and no later than 63 days after it ends. Applying early helps you avoid a gap.

Many states go beyond federal law. According to KFF’s October 2026 review, Connecticut and New York require insurers to sell Medigap year-round with no health questions. Massachusetts and Maine have annual windows, and several other states have expanded rights in narrower cases.

Sixteen states have a birthday rule or similar annual switching rule: California, Delaware, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Nevada, New Mexico, Oklahoma, Oregon, Utah, Virginia, West Virginia and Wyoming. These let people who already have Medigap switch to another policy each year, usually around their birthday, without health questions.

Rules change, so check with your state insurance department before you count on one. Our page on switching Medigap companies covers how a change works in practice.

A common question is whether you can drop a Medicare Advantage plan during the Annual Enrollment Period, October 15 to December 7, 2026, and buy Medigap. You can switch back to Original Medicare, but in most states the Medigap company can still ask health questions unless you have a trial right or another guaranteed issue situation.

If you do not have a right, you can still apply and may be approved if you are in good health. See changing from Medicare Advantage to Medigap for the full picture.

Shopping with a right in hand puts you in a strong position, because every insurer must take you at its standard rate. Use our list of best-rated Medigap insurance companies to narrow your choices.