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Guaranteed issue: when a Medigap insurer can't turn you down
By Vadim Marusin, licensed Medicare insurance agent in Washington (WAOIC #1365574). Insurer data checked against the state chart current as of October 8, 2026.
Outside your first six months on Part B, insurers can usually ask health questions. Guaranteed-issue rights are the exceptions, and missing the deadline on one can cost you the chance to buy Medigap at all.
The rights everyone has
Federal law gives you a guaranteed-issue right in these situations. An insurer must sell you a policy, can't charge more because of your health and can't impose a pre-existing condition waiting period. You generally must apply no later than 63 days after your old coverage ends.
| Situation | What you can buy |
|---|---|
| Your employer or union group coverage that pays after Medicare ends | Plans A, B, D, G, K or L (C and F if first eligible before 2020) |
| Your Medicare Advantage plan leaves Medicare or your area, or you move out of its service area | Plans A, B, D, G, K or L |
| You joined Medicare Advantage when first eligible at 65 and leave within 12 months (trial right) | Any Medigap plan sold in your area |
| You dropped Medigap to join Medicare Advantage for the first time and leave within 12 months (trial right) | The same policy back, or Plans A, B, D, G, K or L if it isn't available |
| Your Medigap insurer goes bankrupt or ends your policy through no fault of yours | Plans A, B, D, G, K or L |
| Your Medigap or Medicare Advantage company misled you or broke the rules | Plans A, B, D, G, K or L |
Washington's extra protection
Washington adds a protection most states don't have. If you already have a Medigap policy:
- Plan B through N (including C, F, high-deductible F and G, K, L, M and N): you can switch to any other Plan B through N, from any insurer, at any time, without health questions.
- Plan A: you can switch to another insurer's Plan A at any time.
The state's guidance also says that people in Original Medicare whose current health coverage is more comprehensive than the Medigap plan they're buying can join that plan. Ask the insurer how it applies this before you count on it.
People who first became eligible for Medicare on or after January 1, 2020 still can't buy Plans C or F under any of these rules.
Documents to keep
Insurers usually want proof that you qualify:
- the letter from your employer, union or plan saying when coverage ends,
- the notice from your Medicare Advantage plan that it's leaving your area,
- your Medicare Advantage enrollment confirmation showing the start date, for a trial right.
Timing tips
- Apply as soon as you get notice. You can often apply before the old coverage ends so there's no gap.
- Don't cancel any coverage until the new Medigap insurer approves you in writing and gives you an effective date.
- The 63-day clock usually starts when your old coverage ends, not when you got the notice. Ask the insurer to confirm.
Common questions
Does losing COBRA give me a guaranteed-issue right?
Usually yes, if the COBRA coverage paid after Medicare and you apply within 63 days of it ending. COBRA doesn't delay your Part B enrollment period, though, so check Part B timing separately.
I'm on Medicare Advantage and just want to leave. Am I guaranteed a Medigap policy?
Not automatically. Unless you're within a 12-month trial right, your plan is leaving your area, or another listed situation applies, insurers can ask health questions. See moving from Medicare Advantage to Medigap.
What if I'm declined?
Washington's WSHIP high-risk pool sells a Medicare Supplement plan to some people turned down for health reasons. See if you're declined.
Can I buy Plan N with a federal guaranteed-issue right?
The federal list names Plans A, B, D, G, K and L (and C and F for people eligible before 2020). Ask the insurer whether it will issue Plan N in your situation. Once you hold any Plan B through N, Washington's switching rule lets you move to Plan N at any time.