are rights you have in certain situations when insurance companies must offer you certain Medigap policies. In these situations, an insurance company:
- Must sell you a Medigap policy
- Must cover all your pre-existing health conditions
- Can't charge you more for a Medigap policy because of past or present health problems
In most cases, you have a guaranteed issue right when you have other health coverage that changes in some way, like when you lose the other health care coverage. In other cases, you have a "trial right" to try a
and still buy a Medigap policy if you change your mind.
You have a guaranteed issue right (which means an insurance company can’t refuse to sell you a Medigap policy) in these situations:
There may be times when more than one of the situations above applies to you. When this happens, you can choose the guaranteed issue right that gives you the best choice.
Can I buy a Medigap policy if I lose my health care coverage?
You may have a guaranteed issue right to buy a Medigap policy. Make sure you keep these items:
A copy of any letters, notices, emails, and/or claim denials that have your name on them as proof of your coverage being terminated
- The postmarked envelope these papers come in as proof of when it was mailed
You may need to send a copy of some or all of these papers with your Medigap application to prove you have a guaranteed issue right.
If you have a Medicare Advantage Plan but you’re planning to return to Original Medicare, you can apply for a Medigap policy before your coverage ends. The Medigap insurer can sell it to you as long as you’re leaving the plan. Ask that the new policy take effect no later than when your Medicare Advantage enrollment ends, so you’ll have continuous coverage.
The guaranteed issue rights in this section are from federal law. These rights are for both Medigap and Medicare SELECT policies. Many states provide additional Medigap rights.