Does my state have a Medigap birthday rule?
15 states have a Medigap birthday rule as of October 2026, and New Mexico adds one on January 1, 2027. Most states, including Arizona, have none: there, only the federal rights in the CMS Choosing a Medigap Policy guide protect you from health questions when you change Medicare Supplement policies.
A birthday rule gives people who already have a Medigap policy a window each year, around their birthday, to switch to another policy without answering health questions. Each state writes its own version: the window length, whether you may change insurers, and whether you must keep the same or lesser benefits all differ. New Mexico's rule starts January 1, 2027.
| State | Rule | Window | What you can switch to |
|---|---|---|---|
| Arizona | None | Federal rights only | Health questions may apply outside open enrollment |
| California | Birthday | At least 60 days from your birthday | Same or lesser benefits, any insurer |
| Delaware | Birthday (from Jan 1, 2026) | 30 days before to at least 30 days after your birthday | Same or lesser benefits |
| Idaho | Birthday | 63 days from your birthday | Same or lesser benefits, any insurer |
| Illinois | Birthday, ages 65 to 75 | 45 days from your birthday | Equal or lesser benefits, same insurer or an affiliate |
| Indiana | Birthday (from 2026; amended March 15, 2026) | One month before through one month after your birthday | Same plan letter, new insurer |
| Kentucky | Birthday (from 2024) | 60 days from your birthday | Same plan letter, different insurer |
| Louisiana | Birthday | 63 days from your birthday | Equal or lesser plan, same insurer or an affiliate |
| Maryland | Birthday | 30 days after your birthday | Equal or lesser benefits |
| Nevada | Birthday | At least 60 days from the 1st of your birth month | Same or lesser benefits |
| New Mexico | Birthday (from Jan 1, 2027) | At least 60 days from the 1st of your birth month | Equal or lesser value |
| Oklahoma | Birthday | 60 days from your birthday | Same or lesser benefits, any insurer |
| Oregon | Birthday | 30 days starting on your birthday | Same or lesser benefits |
| Utah | Birthday (from May 2025), same insurer | 60 days from your birthday | Comparable or lower plan from your insurer |
| Virginia | Birthday (from July 2025) | At least 60 days from your birthday | Same benefits, any insurer |
| West Virginia | Birthday (from June 2026) | 60 days from the 1st of your birth month | Same or lesser benefits, same insurer or an affiliate |
| Wyoming | Birthday (from June 2025) | 63 days from your birthday | Similar or less coverage |
| Missouri | Anniversary | Within 30 days of your annual policy anniversary | Same plan, any insurer |
| Rhode Island | Annual window (from 2026) | Oct 15 to Dec 7 each year, if covered without a break since you joined Medicare | Any Medigap policy sold in the state |
| Connecticut, New York, Massachusetts | Year-round | Any time | Any plan |
| Maine, Washington | Year-round switching | Any time, with conditions | Maine: same or lesser benefits. Washington: from one plan B to N to another plan B to N; Plan A to Plan A |
How a birthday rule works
You must already have a Medigap policy. In your window you apply for a new policy, and the insurer must accept you at its standard rate without health questions (this is called guaranteed issue), as long as the new plan fits your state's limits, usually the same or fewer benefits. The rule never covers moving from Medicare Advantage to Medigap; that has its own federal rights.
Windows are counted from the birthday itself unless the table says otherwise. In Indiana, for example, a June 10 birthday opens a window from May 10 to July 10 each year.
The rule is state law, so it follows where you live. Someone who moves from California, Oregon or Nevada to Arizona keeps their Medigap policy, but the yearly window stays behind.
What applies in Arizona and other states without a rule
Arizona has no state birthday or anniversary rule: the state Medicare supplement statute, A.R.S. 20-1133, creates no such right. Your protections are the federal ones in the CMS Medigap guide (pages 15 to 18):
Open enrollment. Six months that start the month you are 65 or older and enrolled in Part B. Guaranteed-issue rights in set situations, such as your Medicare Advantage plan leaving your area. A trial right: if you joined Medicare Advantage when you first became eligible, or dropped a Medigap policy to try it, you can leave within the first year.
Outside those, an insurer may ask health questions and can decline you or charge more.
What to do next
If your state has a rule, compare policies a month before your window opens and apply inside it; the new policy usually starts on the first of a month. Outside Massachusetts, Minnesota and Wisconsin, which use their own plan designs, the same plan letter (Plan G, Plan N) has the same benefits at every insurer, so price and rate history are what differ.
If you live in Arizona or another state without a rule, switching depends on your health answers, so apply first and never cancel your current policy until the new one is approved. We compare Medigap rates in person in Chandler, AZ, and by phone or video in every state where we are licensed.
Viola is licensed in 10 of the 16 birthday rule states (California, Idaho, Illinois, Louisiana, Maryland, Nevada, New Mexico, Oklahoma, Utah and Virginia), plus Missouri and Washington, so for clients there we line up the quotes before the window opens and file the application inside it. See where we are licensed.
How we checked this. The Rise Up Benefits Group Data Desk read the statute, regulation or insurance department page for each state on October 26, 2026, and re-checked the list against the NAIC chart on October 30, 2026; each state name links to what was read. Viola Lucero, CLTC (NPN 18355227), licensed in 29 states plus DC, reviewed the page.
Related questions
Does my state have a Medigap birthday rule?
15 states have a Medigap birthday rule as of October 2026, and New Mexico adds one on January 1, 2027. Most states, including Arizona, have none: there, only the federal rights in the CMS Choosing a Medigap Policy guide protect you from health questions when you change Medicare Supplement policies.
Does Arizona have a Medigap birthday rule?
No. Arizona has no state birthday or anniversary rule for Medicare Supplement policies, so only the federal rights apply. Outside your open enrollment period and federal guaranteed-issue situations, an insurer may ask health questions. We check your timing and rights before you apply.
Which states have a Medigap birthday rule for 2027?
California, Delaware, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Nevada, New Mexico (from January 1, 2027), Oklahoma, Oregon, Utah, Virginia, West Virginia and Wyoming. Missouri has an anniversary rule, Rhode Island has a fall window, and Connecticut, New York and Massachusetts allow enrollment year-round. We confirm the current rule for your state before your window opens.
Does a birthday rule move with me if I relocate to Arizona?
No. Each rule is state law for people living in that state, so a California or Oregon window ends when you become an Arizona resident. Your Medigap policy itself stays in force as long as you pay the premium. Before a move, we check whether switching first, while you still have the window, makes sense.
Can I use a birthday rule to leave Medicare Advantage for Medigap?
No. A birthday rule only lets you switch from one Medigap policy to another. Moving from Medicare Advantage to Medigap depends on federal guaranteed-issue rights or, in most cases, on health questions. We check which applies to you before you change anything.
Can someone compare Medigap policies for me during my window?
Yes. We compare the same plan letter across the insurers in your area, check rate histories, and handle the application so the new policy starts before the old one ends, with no cost to you for our help.
Sources
- CMS: Choosing a Medigap Policy (publication 02110, March 2026) Centers for Medicare & Medicaid Services
- Arizona Revised Statutes 20-1133, Medicare supplement insurance Arizona State Legislature
- California Department of Insurance: Medicare supplement open enrollment after your birthday California Department of Insurance
- 215 ILCS 5/363, Illinois Medicare supplement minimum standards Illinois General Assembly
- NRS 687B.352, Nevada Medicare supplement birthday rule Nevada Legislature
- Code of Virginia 38.2-3611 Virginia General Assembly
- New Mexico Senate Bill 21 (2026 regular session), final text New Mexico Legislature
- RCW 48.66.045, Washington Medicare supplement switching Washington State Legislature
- West Virginia Code 33-15F-1 West Virginia Legislature
- Delaware Code Title 18, Chapter 34 (section 3411) Delaware General Assembly
- Idaho Senate Bill 1143 (2021), Medicare supplement standards Idaho Legislature
- Indiana Department of Insurance: HEA 1226 fact sheet (amended by HEA 1260, March 2026) Indiana Department of Insurance
- KRS 304.14-525, Kentucky Medicare supplement birthday rule Kentucky General Assembly
- La. R.S. 22:1112 Louisiana State Legislature
- Maryland Insurance Article 15-909 Maryland General Assembly
- Oklahoma Insurance Department bulletin on the Medicare supplement birthday rule (revised December 13, 2024) Oklahoma Insurance Department
- Oregon Administrative Rules, chapter 836, division 52 (Medicare supplement) Oregon Division of Financial Regulation rules (public.law text)
- Utah Code 31A-22-620 Utah State Legislature
- Wyoming Department of Insurance memorandum on Insurance Regulation Chapter 35 (June 5, 2025) Wyoming Department of Insurance
- Missouri 20 CSR 400-3.650, Medicare supplement regulation Missouri Secretary of State
- R.I. Gen. Laws 27-18.2-3 Rhode Island General Assembly
- Connecticut General Statutes chapter 700c (section 38a-495c) Connecticut General Assembly
- New York Insurance Law section 3231 New York State Senate
- 211 CMR 71.10, Massachusetts Medicare supplement open enrollment Massachusetts Division of Insurance regulation (Cornell LII text)
- Maine Bureau of Insurance: buying or switching Medicare supplement outside open enrollment Maine Bureau of Insurance
- NAIC: Medigap birthday rule and under-65 state chart (May 11, 2026) National Association of Insurance Commissioners
Please note: We do not offer every plan available in your area. Currently we represent 34 organizations which offer 64 products in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options.Rise Up Benefits Group is not connected with or endorsed by the United States government or the federal Medicare program. Medicare has neither endorsed nor reviewed this information.
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