Unlike other types of Medicare coverage, beneficiaries can apply for Medigap any time they like. But in most states, there is no annual open enrollment period for Medigap.
Instead, there’s a one-time six-month Medigap open enrollment period. It begins when a person is at least 65 years old and enrolled in Medicare Part B, and Medigap plans are guaranteed-issue during this window. Many states offer at least some variation of this for Medicare beneficiaries who are under 65. After that window ends, many enrollees will not have another guaranteed-issue opportunity to enroll in Medigap.
But some states have annual guaranteed-issue opportunities to enroll in Medigap or at least switch to a different plan:
- In New York and Connecticut, Medigap plans are not medically underwritten, regardless of when an applicant enrolls. Legislation was introduced in 2024 that would create a similar rule in New Jersey, but the bills had not advanced as of August 2024.
- In Massachusetts, there’s an annual guaranteed-issue Medigap open enrollment period each year, from February 1 through March 31, with coverage effective in June. Insurers also have the option of offering continuous year-round open enrollment, and all of them were doing so as of 2024. Legislation was introduced in South Carolina in 2024 to would create a one-month window each year during which all Medigap plans would be guaranteed-issue, but the bill did not pass.
- In Maine, Medigap insurers must designate one month each year when Plan A is guaranteed issue, regardless of the applicant’s medical history. Legislation was considered in Iowa in 2024 to create a similar annual enrollment period; it had passed the Iowa House in 2023, but subsequently died in the Senate.
- Missouri‘s “anniversary rule” allows enrollees to switch from one Medigap insurer to another (as long as both plans are the same letter) on a guaranteed-issue basis during a window each year that extends for 30 days before and 30 days after the anniversary of when the plan was first purchased.
- California, Idaho, Illinois, Oregon, Nevada, Louisiana, Maryland, and Kentucky have “birthday rules” that allow Medigap enrollees a time-limited window around their birthday each year when they can switch, without medical underwriting, to another Medigap plan. This is generally limited to a plan with the same or lesser benefits (in Illinois and Louisiana, this is also limited to a plan offered by the enrollee’s current Medigap insurer; in Kentucky, it’s limited to the enrollee’s same policy offered by another insurer).
Lawmakers in several other states are considering birthday rule legislation in 2025.
- Washington and Oklahoma allow those already enrolled in Medigap plans to switch to another Medigap plan at any time, as long as they’ve had coverage for at least 90 days. In Washington, enrollees with Medigap Plan A are limited to switching to only another Plan A. But people with Medigap Plans B through N can switch to any other Plan B through N. In Oklahoma, enrollees are allowed to switch to any plan with equal or lesser benefits.
States considering legislation to ensure access to Medigap when a person switches from Medicare Advantage to Original Medicare
Washington state lawmakers have introduced a bill in 2025 that would allow for guaranteed-issue access to Medigap when a person disenrolls from Medicare Advantage during an open enrollment period or special enrollment period, and enrolls in Original Medicare instead.
A second bill introduced in Washington in 2025 would create a guaranteed-issue Medigap provision during any open enrollment period for Medicare Part B (meaning the annual General Enrollment Period) or Medicare Advantage (meaning the fall open enrollment period).
Lawmakers in Illinois have introduced legislation in 2025 that would ensure guaranteed-issue access to Medigap during a 30-day window after a person switches from Medicare Advantage to Original Medicare.
Lawmakers in Rhode Island have also introduced similar legislation in 2025, to ensure that a person with Medicare Advantage can switch to Original Medicare and have guaranteed-issue access to Medigap, and also to require Medigap insurers to make all of the plans guaranteed-issue for applicants over 65 during a one-month window each year.
New Hampshire lawmakers have also introduced legislation in 2025 that would require Medigap coverage to be guaranteed issue during the Medicare Open Enrollment Period, allowing people guaranteed access to Medigap after disenrolling from Medicare Advantage or a different Medigap plan. The bill would also require all insurers that offer Medicare Advantage in New Hampshire to also offer Medigap coverage.
Federal rules allow for guaranteed-issue access to Medicare Part D when a person switches from Medicare Advantage to Original Medicare, but not Medigap (unless the person qualifies for one of the limited federal Medigap special enrollment rights).
States considering legislation to ensure annual guaranteed issue access to Medigap
Lawmakers in Iowa are considering legislation in 2025 that would require Medigap insurers to offer applicants at least one policy on a guaranteed-issue basis during the month of March, starting in 2026. However, the legislation defines “applicant” as a person already enrolled in a Medigap plan, so this would be a plan change opportunity rather than a new enrollment opportunity.
California lawmakers introduced legislation in 2025 to create an annual open enrollment period for Medigap, starting January 1 and continuing for 90 days. Similar legislation was introduced in 2024 in California, but was not successful.
As noted above, California already has a “birthday rule” that allows people who already have Medigap to switch to a different plan that offers equal or lesser benefits. But the 90-day annual enrollment period would apply to all applicants (including those who are not yet enrolled in Medigap) and all plans.
Other Medigap access legislation
Rhode Island lawmakers are considering legislation in 2025 that would make all Medigap plans guaranteed issue year-round, with community rating.
Nevada lawmakers are considering a bill that would ensure access to all available Medigap plans when a person qualifies for a Medigap special enrollment period. Federal rules guarantee access to Plans A, B, C, D, F, G, K, or L, but not Plans M or N. Nevada’s legislation would ensure access to Plans M and N if the person has a guaranteed-issue right to Medigap. (This legislation would not affect the “birthday rule” Medigap annual plan change opportunity that Nevada already offers.)