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LearnFederal vs state protections

Federal vs state Medigap protections

The federal 6-month Medigap Open Enrollment Period (per 42 U.S.C. § 1395ss) is a floor — states may add protections above it, and several have. Some states have continuous or annual guaranteed-issue beyond the federal floor. Two states allow annual switching tied to your birthday. Three states don’t use the federal letter system at all. The rest sit at the federal floor.

Continuous- or annual-GI states (CT, ME, MA, NY)

In these states, federal guaranteed-issue rights are extended either continuously (year-round) or annually beyond the federal 6-month floor. Specifically:

  • Connecticut, Massachusetts, New York: continuous (year-round) guaranteed-issue with community rating. Premiums are the same regardless of age, health, or claims history.
  • Maine: each insurer must designate a one-month annual guaranteed-issue window for Plan A. Other plan letters may still be subject to medical underwriting outside the federal 6-month OEP.

In these states, the federal 6-month OEP is structurally less load-bearing because the state floor is higher. See the state pages →

Birthday-rule states (CA, OR)

California and Oregon allow Medigap policyholders an annual underwriting-free switching window tied to the policyholder’s birthday. The mechanics differ slightly:

  • California: 30-day window starting on the policyholder’s birthday. May switch to an equal-or-lesser Medigap plan. Per Cal. Ins. Code § 10192.12, insurers must give 60-day advance notice.
  • Oregon: 30-day window starting on the policyholder’s birthday. May switch to a same-or-lesser Medigap plan. OAR 836-052-0143.

The federal 6-month OEP still applies as the primary entry window. The birthday rule is the secondary annual switch window for already-insured Medigap policyholders.

Structural-exception states (MA, MN, WI)

Massachusetts, Minnesota, and Wisconsin do not use the federal 10-letter Medigap plan system. Each operates a state-specific Medigap structure:

  • Massachusetts: Core, Supplement 1, Supplement 1A. (Massachusetts is also a continuous-GI state.)
  • Minnesota: Basic Plan + Extended Basic Plan + Minnesota versions of K, L, M, N. Optional state-defined riders.
  • Wisconsin: Single basic Medigap plan + 50% / 25% Cost-sharing Plans + high-deductible plan + optional state riders.

The federal 6-month OEP guaranteed-issue rules still apply in these states — but the plan letters don’t. If you read about “Plan G” from a national source and you live in MA / MN / WI, that information doesn’t map to your state. See state pages →

Federal-floor states (the rest)

In the remaining 42 states (and DC), the federal 6-month Medigap OEP is your primary guaranteed-issue window. Outside that window, insurers may medically underwrite, deny, or surcharge in most cases — subject to the federal qualifying-event protections described in our 30-day-look-back guide.

State Medigap rule categorization

Last verified:Source:medicare.gov — Medigap basics + per-state public materials

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