Guaranteed Issue Rights, State by State
“Guaranteed issue” is your right to buy a Medigap plan with no health questions — you can’t be turned down or charged more for your health. Everyone has some federal protections, but many states go further. Find out what applies where you live.
What “guaranteed issue” really means
Normally, once your first Medigap window closes, switching plans means answering health questions — and you could be denied or charged more. A guaranteed-issue right removes that barrier: during a qualifying window, insurers must accept you regardless of your medical history. Knowing when you have one is the key to switching plans — or beating a rate increase — without risking your coverage.
Check Your State’s Rights
Select your state to see the kind of guaranteed-issue protection you have.
Federal guaranteed-issue rights
No matter which state you live in, federal law guarantees you a Medigap plan without health questions in these situations.
Your first 6 months
Your one-time Medigap Open Enrollment Period — the 6 months that begin when you’re 65 and enrolled in Part B. The best time to buy, guaranteed.
Advantage “trial right”
If you tried Medicare Advantage when you first joined and want to switch back within your first year, you’re protected.
Your plan leaves or fails
If your Medigap carrier goes bankrupt, or your Advantage/employer plan stops serving your area, you get a guaranteed-issue window.
You move or lose coverage
Moving out of your plan’s service area, or losing employer or retiree coverage, can open a guaranteed-issue right.
Extra protections by state
More than half the states now offer switching rights beyond the federal minimum. They generally fall into these groups — and the details (and exact windows) can change, so we always confirm yours before you act.
Switch any time, no health questions
The strongest protection: you can change Medigap plans throughout the year without underwriting. New York even requires community rating, so age and health never change your premium.
A window around your birthday
Each year, existing Medigap policyholders get a set window near their birthday to switch to a plan of equal or lesser benefits — from any carrier — with no health questions.
A set yearly opportunity
These states offer another kind of annual guaranteed-issue window — for example, tied to the anniversary of your policy, or to the fall enrollment period.
⚠ Before you use a guaranteed-issue window
- Usually equal or lesser benefits. Most state windows let you switch to a comparable or lower plan — not upgrade. Trying to move up may trigger health questions.
- Never cancel first. Don’t drop your current plan until the new one is approved and active.
- Timing is everything. Miss the window by even a day and you may lose the protection until next year.
- The rules change. States add and adjust these rights often — what’s true today may expand tomorrow, so always confirm your exact window.
We know your state’s rules — and the exact window.
Guaranteed-issue timing is where real savings happen. A licensed May River agent will confirm exactly what your state allows, watch your window for you, and handle the switch the right way — so you never risk your coverage. Free, and no pressure.
Not Sure If You Can Switch Without Underwriting? Let’s Find Out.
Tell us your state and your situation, and we’ll confirm your guaranteed-issue rights, time it perfectly, and compare better plans — all at no cost to you.
This page is educational and general in nature; it is not legal or insurance advice. Guaranteed-issue rights, state rules, enrollment windows, and eligibility vary by state and individual circumstance and change over time; the groupings here are a general guide, not a guarantee of eligibility. Always confirm your specific rights before making changes. May River Medicare is a licensed, independent agency and does not offer every plan available in your area; any information we provide is limited to the plans we do offer. We are not affiliated with or endorsed by the U.S. government or the federal Medicare program. Contact Medicare.gov or 1-800-MEDICARE for information on all of your options.