Medigap guaranteed issue rights
The situations where an insurer must sell you a policy, whatever your health.
Outside your Medigap Open Enrollment Period, insurers in most states can use your health to decide whether to sell you a policy. Guaranteed issue rights are the exceptions: specific situations in which an insurer must sell you certain Medigap policies, cover pre-existing conditions, and can't charge more because of your health.
The federal situations
- Your Medicare Advantage plan leaves Medicare, stops serving your area, or you move out of its service area.
- Your employer or union group coverage that pays after Medicare is ending, including retiree coverage and COBRA.
- You move out of your Medicare SELECT policy's service area.
- Trial right: you joined a Medicare Advantage plan (or PACE) when first eligible at 65 and want to leave within the first 12 months.
- Trial right: you dropped a Medigap policy to join Medicare Advantage for the first time, and want to leave within 12 months.
- Your Medigap insurer goes bankrupt or your policy ends through no fault of your own.
- You leave a Medicare Advantage plan or drop Medigap because the company misled you or broke the rules.
Which policies you can buy
Each situation guarantees specific plans. For example, the trial right after joining Medicare Advantage at 65 lets you buy any Medigap policy, while other situations guarantee a list that typically includes Plans A, B, D, G, K and L (or C and F for people eligible before 2020). The insurer must sell you one of the plans your situation covers, from those it sells.
Deadlines
In most situations you must apply no later than 63 days after your previous coverage ends. Keep the letters or notices that show the date your coverage ended, and send copies with your application.
State rights on top
Some states add their own rights: year-round guaranteed issue in New York and Connecticut, birthday or anniversary rules in states such as California, Oregon, Missouri and Illinois, and rights for people under 65. Our state pages list each state's rules.
Common questions
No, not in most states. Leaving Medicare Advantage during Open Enrollment doesn't by itself create a Medigap guaranteed issue right, unless a trial right or state rule applies.
You may lose the guarantee and face medical underwriting. Apply as soon as you know your coverage is ending; you can often apply up to 60 days before it ends.
Want help with your own choices?
Every state runs a State Health Insurance Assistance Program (SHIP) with trained counselors who give free, unbiased Medicare help and do not sell plans. Find yours on our Medicare by state pages, or call Medicare at 1-800-MEDICARE (1-800-633-4227) (TTY 1-877-486-2048, 24 hours a day, 7 days a week).
Planning the rest of your coverage in retirement? We can help with life insurance later in life and final expense coverage.
Sources
- Choosing a Medigap Policy (March 2026), Centers for Medicare & Medicaid Services. Checked September 29, 2026.
- When can I buy Medigap?, Medicare.gov. Checked September 29, 2026.
- Special Enrollment Periods, Medicare.gov. Checked September 29, 2026.
General information about the federal Medicare program, not advice about your situation. Figures are for 2026 unless stated and change every year; last reviewed September 29, 2026. Quote My Policy is a private company. Not connected with or endorsed by the United States government or the federal Medicare program.
Quote My Policy does not sell Medicare plans on this site. For plan-specific help, contact Medicare at 1-800-MEDICARE (1-800-633-4227) (TTY 1-877-486-2048, 24 hours a day, 7 days a week) or your State Health Insurance Assistance Program.