Moving from a Medicare Advantage plan to a Medigap policy

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There are some situations where insurers are required by law to sell you a Medigap policy. A Medigap policy is a type of insurance sold by private companies to fill the gaps in Original Medicare plan coverage. Under these "guaranteed-issue" rights, you cannot be denied a policy or charged a higher premium because of your health or your health history.

You have guaranteed-issue rights when:

  • Your Medicare Advantage plan stops providing Medicare coverage. In this case, you will return to Original Medicare. You must apply for a Medigap policy no later than 123 days after your Medicare Advantage benefits end.
  • You move outside of your Medicare Advantage plan service area.
  • You had a Medigap policy and switched to a Medicare Advantage plan for the first time since you were eligible for Medicare, but then want to switch back within 12 months.
  • You joined a Medicare Advantage plan when you first became eligible for Medicare and want to switch to a Medigap policy within 12 months.

If you are switching from a Medicare Advantage plan to a Medigap policy and do not fall into one of the categories above, Medigap companies do not have to sell you a Medigap policy. If they do sell you one, it may not be the one you want.

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