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“I missed my Medigap window.” What now?

The federal 6-month Medigap Open Enrollment Period is one-time, but federal law (per 42 U.S.C. § 1395ss and CMS regulations) re-opens a guaranteed-issue Medigap window for several qualifying events. If any of these apply to you, you may be able to buy a Medigap policy without medical underwriting even after your federal OEP has closed. The window length depends on the specific qualifying event.

Federal “guaranteed-issue” protections may re-open a Medigap window for specific qualifying events

Even after your federal 6-month Medigap Open Enrollment Period closes, federal law (per 42 U.S.C. § 1395ss and CMS regulations) re-opens a guaranteed-issue Medigap window for several qualifying events. During a guaranteed-issue window, insurers cannot deny you a Medigap policy based on health, charge a higher premium based on health, or require medical underwriting.

  • Loss of group employer coverage

    If your employer or union health plan ends or you involuntarily lose your group coverage (including coverage you had through your spouse), federal law re-opens a guaranteed-issue window for Medigap. The window typically begins no later than 63 days before the date your group coverage ends and runs for 63 days after the coverage ends.

  • Medicare Advantage trial right (first 12 months)

    If you joined a Medicare Advantage plan when you first became eligible for Medicare at age 65, and you decide within the first 12 months of MA enrollment that you'd rather have Original Medicare with a Medigap policy, federal law gives you a guaranteed-issue right to buy any Medigap policy sold by any insurer in your state.

  • Medicare Advantage plan termination or service-area reduction

    If your Medicare Advantage plan leaves the Medicare program, ends coverage in your area, or you move out of the plan's service area, federal law gives you a guaranteed-issue right to certain Medigap policies.

  • Loss of Medicaid (in certain configurations)

    If you had a Medicare Supplement Select policy and you move out of its service area, OR if certain Medicaid-related coverage transitions occur, federal guaranteed-issue rights may apply. Verify your specific situation with your state SHIP counselor — eligibility is fact-specific.

  • Insurer bankruptcy or fraud-related coverage end

    If your Medigap insurance company goes bankrupt and you lose coverage, or if you lose Medigap coverage through no fault of your own (including misrepresentation by the insurer), federal law re-opens a guaranteed-issue window.

If you think a guaranteed-issue protection may apply to you:

Federal qualifying events have specific timing requirements (some windows are 63 days, others are 60). Contact your state SHIP counselor for free, federally-funded benefits counseling — they can confirm whether your specific situation qualifies and help you act within the window.

Qualifying-event window lengths

Per CMS guidance and 42 U.S.C. § 1395ss, the federal guaranteed-issue right re-opens for a defined window after the qualifying event:

  • 63-day windows — loss of group employer coverage (window begins up to 60 days before, and runs through 63 days after coverage ends), insurer bankruptcy / insolvency, and certain involuntary loss of Medicaid eligibility.
  • 63-day windows — Medicare Advantage plan termination (your MA plan leaves the program, leaves your area, or is terminated by CMS).
  • Medicare Advantage trial-right disenrollment — if you joined a Medicare Advantage plan when you first became eligible for Medicare at 65, you have a 12-month trial to switch back to Original Medicare with a federal guaranteed-issue Medigap right. The Medigap application window runs up to 60 days before, and through 63 days after, you disenroll from the MA plan.

If you don’t apply within the window, you lose the federal guaranteed-issue right and (in most states) become subject to insurer underwriting. The SHIP counselor below can confirm the exact start date and end date for your specific situation in your state.

State-specific protections may also apply

Beyond federal qualifying events, some states have continuous- or annual-GI rules that allow you to buy Medigap without underwriting at any time, or a birthday-rule annual switching window. See state-specific protections →

Federal Medigap qualifying-event protections (per 42 U.S.C. § 1395ss and 42 CFR § 408.20+)

Last verified:Source:medicare.gov — When can I buy a Medigap policy?