Federal law gives you two 12-month trial rights to leave a Medicare Advantage (MA) plan, return to Original Medicare, and buy a Medigap policy with no health screening. Miss those windows and an insurer can medically underwrite you, charge more, or refuse you a policy outright. This guide lays out both trial rights, the 60-day-before and 63-day-after deadline for using them, how they fit the Medicare Advantage Open Enrollment Period, and the exact steps to switch back.

In This Guide

If you are already past your first year in an Advantage plan, the protection most relevant to you is the underwriting risk: skip to why the first decision matters.

The two windows for switching

There are two annual chances to change how you receive Medicare, and they do different jobs. The fall Annual Election Period runs October 15 to December 7 each year, and changes take effect January 1; this is when most people join, switch, or drop a plan for the coming year. The second window is specific to people already in an Advantage plan.

The Medicare Advantage Open Enrollment Period (MA OEP) runs January 1 to March 31 every year. During it, if you are already enrolled in an Advantage plan, you may make one change: switch to a different Advantage plan, or drop Advantage and return to Original Medicare with a standalone Part D drug plan. It is separate from the fall window and limited to one change per year. You cannot use it to join Advantage for the first time from Original Medicare; it only works for people already in an MA plan.

Dropping Advantage during the MA OEP returns you to Original Medicare, but the MA OEP by itself does not guarantee you a Medigap policy. Guaranteed-issue access to Medigap depends on hitting a trial right or another qualifying circumstance, covered next.

The Medicare Advantage trial right

A trial right is the protection that keeps your Medigap options open. You cannot use a Medigap policy while you are enrolled in a Medicare Advantage plan, so returning to Original Medicare is what makes buying one possible. Federal Medicare law provides two separate 12-month trial rights, and each guarantees a Medigap policy with no medical underwriting.

Trial right 1, first-time Advantage (or PACE) at 65. If you joined a Medicare Advantage plan, or a Program of All-Inclusive Care for the Elderly (PACE) program, when you were first eligible for Medicare Part A at 65, and within that first year you decide to switch to Original Medicare, you have a guaranteed-issue right to buy any Medigap policy sold by an insurance company in your state. Your chance to drop the Advantage plan lasts for 12 months after you first join it.

Trial right 2, dropped Medigap to try Advantage (or Medicare SELECT). If you dropped a Medigap policy to join an Advantage plan, or to switch to a Medicare SELECT policy, for the first time, have been in the plan less than a year, and want to switch back, you have a single 12-month trial-right period to get your former Medigap policy back, provided the same insurance company still sells it.

One detail is easy to miss: the trial right is tied to your first time in Advantage, not to any later switch. Someone who has cycled through Advantage before does not get a fresh 12-month trial each time they enroll.

The 63-day guaranteed-issue window

Either trial right is only usable inside a limited guaranteed-issue window. You can apply for the Medigap policy as early as 60 calendar days before the date your Advantage coverage ends, but no later than 63 calendar days after your coverage ends. Apply within it and the guaranteed-issue protection holds; let it lapse and you may face underwriting.

A worked example makes the timing concrete. If you joined your first Advantage plan in March 2025, your 12-month trial right runs through March 2026. You can disenroll any time in that year, and you may apply for Medigap starting 60 days before your Advantage coverage ends and up to 63 days after it ends. Disenroll effective March 31, 2026, and your guaranteed-issue application window closes about 63 days later, in early June 2026.

The trial right is not the only event that opens a guaranteed-issue window. Medicare's broader guaranteed-issue rights also apply in other qualifying circumstances. For example, if your Advantage plan leaves Medicare or stops serving your area, or you move out of the plan's service area, you have a guaranteed-issue right with its own limited window, generally about 63 days from the loss of coverage.

Situation Guaranteed-issue Medigap? Window
Return to Original Medicare within 12 months of first joining Advantage or PACE (trial right) Yes 60 days before to 63 days after MA coverage ends
Your Advantage plan leaves Medicare or exits your service area Yes About 63 days from loss of coverage
You move out of the plan's service area Yes About 63 days from the move
You drop Advantage during the MA Open Enrollment Period (Jan 1 to Mar 31), no qualifying event, past your trial year Not guaranteed Insurer may apply underwriting

How to use a Medicare Advantage trial right to switch back

Exercising a trial right is a two-part task: leave the Advantage plan, then apply for Medigap inside the guaranteed-issue window.

  1. Disenroll from your Advantage plan. Call 1-800-MEDICARE (1-800-633-4227, TTY 1-877-486-2048), log in to your account at Medicare.gov, or contact your plan directly. Dropping the Advantage plan returns you to Original Medicare automatically. Do this during the Medicare Advantage Open Enrollment Period (January 1 to March 31) or another period you qualify for.
  2. Add Original Medicare drug coverage if you need it. Original Medicare does not include Part D, so enroll in a standalone Part D prescription drug plan when you disenroll.
  3. Apply for Medigap inside the window. Apply for your Medigap policy as early as 60 days before your Advantage coverage ends and no later than 63 days after it ends. Tell the insurer you are using a guaranteed-issue trial right so it cannot underwrite you.
  4. Get free, unbiased help. Your State Health Insurance Assistance Program (SHIP) offers no-cost Medicare counseling and can confirm which plans an insurer sells in your state. Find your local SHIP at 1-800-MEDICARE or shiphelp.org.

The warning: why the first decision matters

Outside these protected windows, switching from Advantage back to Original Medicare does not guarantee that a Medigap insurer will accept you. The insurer can apply medical underwriting, review your health history, and either deny you a policy or charge a higher premium based on your conditions. The one nationwide exception most people get is the six-month Medigap Open Enrollment Period, which begins the first month you are both 65 and enrolled in Part B; during it an insurer cannot refuse to sell you any Medigap policy it offers or use underwriting. Once that has passed, your guaranteed access depends on hitting one of the windows above.

This is why the initial choice between Advantage and Original Medicare carries real consequences. If you enroll in Advantage at 65 and stay past your trial year, then later decide you want Original Medicare with a Medigap policy, an insurer may charge more or refuse you based on your health. The underwriting-free door to Medigap is widest at the start, because the one-time six-month Medigap Open Enrollment Period and the 12-month trial rights are the broadest guaranteed-issue protections in federal law, and each runs only once.

State rules that go beyond the federal floor

The trial rights above are the federal floor, and they apply in every state. A handful of states set Medigap guaranteed-issue rules broader than that floor, so a resident there may have underwriting-free access the federal trial right alone would not provide. Connecticut, Massachusetts, Maine, and New York are among the states with broader or continuous Medigap guaranteed-issue protections. Separately, Massachusetts, Minnesota, and Wisconsin standardize Medigap differently from the federal letter-named plans.

State mechanics vary, and some carry their own deadlines and pre-existing-condition rules. Before you assume underwriting applies, confirm your state's protections with your State Health Insurance Assistance Program (SHIP) or your state insurance department. In New York, for example, that is the Health Insurance Information, Counseling and Assistance Program (HIICAP); in Connecticut, it is CHOICES.

Frequently Asked Questions

Can I switch from one Medicare Advantage plan to another anytime?

No. You can switch Advantage plans during the fall Annual Election Period (October 15 to December 7) or make one change during the Medicare Advantage Open Enrollment Period (January 1 to March 31). Outside those windows you generally need a Special Enrollment Period tied to a qualifying event.

Does the MA trial right give me Medigap automatically?

No. The trial right gives you the right to buy a Medigap policy guaranteed-issue, but you still have to apply, as early as 60 days before your Advantage coverage ends and no later than 63 days after it ends. The protection is the no-underwriting guarantee, not automatic enrollment.

What happens if I drop Medicare Advantage after my trial year with no qualifying event?

You can still return to Original Medicare during the Medicare Advantage Open Enrollment Period, but you lose the guaranteed-issue protection for Medigap. An insurer may apply medical underwriting and can deny you or charge more based on your health, unless your state offers broader protections.

Can I get my old Medigap policy back after trying Advantage?

If you dropped a specific Medigap policy to try Advantage for the first time and you return to Original Medicare within 12 months, you can get that same policy back, provided the insurer still sells it. If it no longer offers that policy, you can buy certain standardized Medigap plans guaranteed-issue instead; people new to Medicare on or after January 1, 2020 buy Plans D and G in place of the discontinued Plans C and F.

Does the trial right cover PACE, not just Medicare Advantage?

Yes. The first-time trial right applies if you joined either a Medicare Advantage plan or a PACE program when first eligible for Medicare at 65 and switch to Original Medicare within 12 months.

Learn More

Find personalized help deciding between Medicare Advantage and Original Medicare at brevy.com.


The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.

BC

Brevy Care Team

Expert eldercare guidance from Brevy's team of healthcare professionals and researchers.