Medicare Supplement Guide
Guaranteed Issue Rights:
The Protection Most People Don't Know They Have
Under certain circumstances, insurance companies are legally required to sell you a Medicare Supplement policy — no health questions, no denials, no higher premiums. Here's when those rights apply.
Compare Plans Free →What Guaranteed Issue Means
Medicare Supplement insurance is medically underwritten in most states. That means if you apply outside your protected enrollment window, the insurance company can ask about your health history, deny your application, or charge you significantly higher premiums because of pre-existing conditions.
Guaranteed Issue rights change that equation. When they apply, insurers must sell you a policy at the standard rate — no health questions, no denials. Federal law requires it.
When You Have Guaranteed Issue Rights
Your Medigap Open Enrollment Period
The 6-month window starting when you're 65+ and enrolled in Part B. This is your most powerful window — all standardized Medigap plans must be offered to you.
You lose employer or union coverage
If you had employer coverage instead of Medicare Supplement and that coverage ends, you have a 63-day window to enroll in a Medigap plan without underwriting.
Your Medicare Advantage plan leaves Medicare
If your plan stops participating in Medicare or leaves your service area, you have Guaranteed Issue rights to switch to a Medigap plan.
You move out of your plan's service area
Moving to a new area where your current plan doesn't operate triggers Guaranteed Issue rights.
Your plan violates its contract
If your insurer commits fraud or materially misrepresents the plan, you have the right to switch.
You leave a Medicare SELECT plan
If you enrolled in a Medicare SELECT plan (a type of Medigap with network restrictions) and want to switch to a standard Medigap plan, you have Guaranteed Issue rights.
States with Year-Round Guaranteed Issue
A small number of states provide Guaranteed Issue protections beyond the federal minimums:
- Connecticut, Maine, Massachusetts, New York: Year-round Guaranteed Issue — insurers cannot deny you or charge more based on health at any time.
- California, Oregon, Missouri, Illinois, Nevada, and others: Have "birthday rules" that give you an annual window around your birthday to switch plans without underwriting.
Frequently Asked Questions
What is Guaranteed Issue for Medicare Supplement?
Guaranteed Issue means an insurance company must sell you a Medicare Supplement policy without medical underwriting — they cannot deny your application or charge you higher premiums based on your health history or pre-existing conditions.
When do I have Guaranteed Issue rights?
You have Guaranteed Issue rights during your Medigap Open Enrollment Period (the 6 months after you turn 65 and enroll in Part B), and during certain qualifying events like losing employer coverage, your plan leaving Medicare, or moving out of your plan's service area.
What plans must be offered under Guaranteed Issue?
During qualifying events, insurers must offer you Plan A, Plan B, Plan K, or Plan L. Some events also guarantee Plan C, Plan F, Plan D, Plan G, Plan M, or Plan N depending on the specific qualifying event.
Can I be denied Medicare Supplement outside Guaranteed Issue?
In most states, yes. Outside your Guaranteed Issue rights, insurers can use medical underwriting to deny your application or charge higher premiums. A few states (CT, MA, ME, NY) have year-round Guaranteed Issue protections.
What if I missed my Guaranteed Issue window?
If you missed your window, you may still be able to get coverage through medical underwriting — you'll need to answer health questions and may be denied or charged more. Some states have birthday rules that give you an annual window. A Patriot Plans agent can help you find your best options.
Know Your Rights. Use Them.
A Patriot Plans agent will confirm your current Guaranteed Issue status and help you find the best Medigap plan at the lowest available rate — at no cost to you.
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