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Medicare Advantage trial rights: when Medigap protection may apply

Understand the two common Medicare Advantage trial-right situations, Medigap application deadlines and the records needed before switching.

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A Medicare Advantage trial right can protect access to Medigap in specific circumstances. It is not a blanket promise that everyone can leave any plan and buy any supplement without underwriting.

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Two common federal situations

Situation Protection to verify
You joined Medicare Advantage when first eligible at 65 and return to Original Medicare within the first year A right to buy a Medigap policy sold in your state, subject to applicable eligibility rules.
You dropped Medigap to try Medicare Advantage for the first time and return within 12 months A right to return to the former Medigap policy if the same insurer still sells it; specified alternatives may apply if it does not.

Plan choices are not identical in both situations

Do not assume the second situation lets you choose any policy. Medicare identifies particular alternatives when the former policy is unavailable. Plans C and F also have restrictions for people newly eligible for Medicare on or after January 1, 2020. State law may provide additional protections.

Coordinate the deadlines

For these protected transitions, Medicare describes a Medigap application window beginning 60 days before the Medicare Advantage coverage ends and ending no later than 63 days afterward. The right to leave Medicare Advantage and the Medigap application process still need to be coordinated. Confirm your exact dates rather than counting from when you first called an agent.

Gather proof

  • Your Medicare eligibility and plan enrollment dates.
  • The former Medigap policy and cancellation record, if applicable.
  • The Medicare Advantage termination date.
  • Written confirmation of the Medigap right and new effective date.

Check Part D and any employer coverage separately. Medigap cannot pay Medicare Advantage copayments while you remain in that plan. Contact Medicare, SHIP or your state insurance department if an insurer disputes your rights; do not cancel coverage on an unverified verbal promise.

Related coverage questions

Official sources

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