An Arkansas Medigap insurer can't turn you down or charge more for your health if you apply before or during the six months starting when you're both 65 and in Medicare Part B. Arkansas also protects some people under 65: an Arkansas Insurance Department rule requires at least one standardized Medigap plan to be available to people on Medicare by reason of disability, and bars health-based denials for six months from their first month of Part B. After that window, Arkansas's Medigap guaranteed issue rule requires a sale in listed coverage-loss situations, with 63-day clocks for an ending employer plan and an involuntarily terminated Medicare Advantage plan.

In This Guide

When does the Arkansas Medigap open enrollment window run?

Arkansas's Medigap open enrollment rule is 23 CAR § 89-113, part of the Arkansas Insurance Department (AID) rules in the official Code of Arkansas Rules (CAR). Under 23 CAR § 89-113, the Arkansas version of the Medigap Open Enrollment Period is the six months beginning with the first day of the first month in which you are both 65 or older and enrolled for benefits under Medicare Part B.

For an application submitted before or during that six-month period, the Arkansas rule says a Medicare supplement insurer shall not:

  • deny or condition the issuance or effectiveness of any Medigap policy available for sale in Arkansas;
  • discriminate in the price of a Medigap policy because of your health status, claims experience, receipt of health care, or medical condition.

The same Arkansas rule requires each Medigap policy an insurer currently has available to be made available to every qualifying open enrollment applicant without regard to age.

The same six-month floor applies nationwide under Section 1882 of the Social Security Act, which bars health-based denial or pricing for anyone who applies before or during the six months beginning with the first month they are 65 or older and enrolled in Part B. The Centers for Medicare & Medicaid Services (CMS) guide Choosing a Medigap Policy calls the Medigap Open Enrollment Period "a one-time enrollment period; it doesn't repeat every year."

Because the Arkansas window is tied to Part B, an Arkansan who turns 65 but delays Part B has a Medigap open enrollment window that starts only when both conditions are met. Outside the Medigap Open Enrollment Period, Medicare.gov says an insurer is allowed to deny a policy to someone who doesn't meet its medical underwriting requirements. Brevy's guide to the Medigap open enrollment period covers the federal window in more depth.

Can a pre-existing condition delay Arkansas Medigap coverage?

A pre-existing condition can delay Arkansas Medigap coverage for up to six months unless you bring enough prior coverage. Arkansas rule 23 CAR § 89-113 lets a Medigap policy exclude benefits during its first six months for a pre-existing condition that was treated or diagnosed during the six months before the coverage became effective, except where the rule's creditable-coverage protections or 23 CAR §§ 89-114 and 89-125 say otherwise.

Prior coverage shrinks or erases that Arkansas waiting period for open enrollment applicants:

  • Six months or more of creditable coverage: an Arkansas Medigap insurer shall not exclude benefits for a pre-existing condition when the open enrollment applicant has had at least six months of continuous creditable coverage as of the application date.
  • Less than six months: the Arkansas insurer must reduce the pre-existing condition exclusion period by the total period of creditable coverage the applicant has.

Medicare's Choosing a Medigap Policy guide says many kinds of health coverage can count as creditable coverage for Medigap, but only if the break in coverage was no more than 63 days. An Arkansan whose prior coverage had a longer gap should ask the insurer, in writing, how it counted that coverage before signing. Brevy's guide to Medigap and pre-existing conditions explains the federal version of the waiting period.

Can you buy Medigap under 65 in Arkansas?

Some Arkansans under 65 can buy Medigap. Arkansas rule 23 CAR § 89-127 states that, no later than July 1, 2018, at least one of the ten standardized Medicare supplement plans an issuer currently offers shall be made available to all applicants who qualify by reason of disability. The operative words in the Arkansas under-65 rule are "at least one" standardized plan.

The same Arkansas rule sets an under-65 window. For an Arkansan under 65 on Medicare by reason of disability, 23 CAR § 89-127 bars a Medigap insurer from denying or conditioning a policy because of health status, claims experience, receipt of health care, or medical condition when the application is submitted during the six months beginning with the first month the person first enrolled in Medicare Part B.

Who counts? For 23 CAR § 89-127, "by reason of disability" means a person who is entitled to benefits under Medicare Part A under Section 226(b) of the Social Security Act.

Arkansas goes further than the federal floor here. CMS's Choosing a Medigap Policy guide says federal law generally doesn't require insurance companies to sell Medigap policies to people under 65, and that some states have additional open enrollment periods, including ones for people under 65.

A second Medigap window at 65

Turning 65 opens the regular window too. CMS's Choosing a Medigap Policy guide states that someone who already has Medicare Part B will still get a Medigap Open Enrollment Period at 65. In Arkansas, the 23 CAR § 89-113 open enrollment period starts in the first month a person is both 65 or older and enrolled in Part B, so for an Arkansan already on Part B the window begins with the first month the person is 65 or older.

When must an Arkansas insurer sell you a Medigap policy later?

Arkansas's guaranteed issue rule is 23 CAR § 89-114. For an eligible person who seeks to enroll during the guaranteed issue period and submits evidence of the date of termination, disenrollment, or Medicare Part D enrollment with the application, the Arkansas rule says an insurer:

  • shall not deny or condition the issuance or effectiveness of a Medigap policy described in the rule that it offers to new enrollees;
  • shall not discriminate in that policy's price because of health status, claims experience, receipt of health care, or medical condition;
  • shall not impose a pre-existing condition exclusion.

Situations the Arkansas guaranteed issue rule lists

The eligible persons under Arkansas's guaranteed issue rule, 23 CAR § 89-114, include people in these situations:

  • Employer coverage ends: an employer plan that supplements Medicare, or one that pays before Medicare, terminates or stops providing some or all of those benefits.
  • A Medicare Advantage or PACE plan ends: the Medicare Advantage plan (or, for someone 65 or older, the Program of All-Inclusive Care for the Elderly (PACE) provider) is terminated or stops serving your area, or you move out of its area.
  • A plan breaks the rules: the Medicare Advantage plan substantially violated its contract or materially misrepresented the plan in marketing.
  • Medigap coverage ends involuntarily: your Medicare supplement coverage ends through no choice of your own, including when the insurer becomes insolvent.
  • A first-time trial ends within 12 months: you dropped a Medigap policy to enroll for the first time in a Medicare Advantage plan, Medicare cost plan, PACE, or Medicare SELECT policy, and ended that enrollment within the first 12 months.
  • A Medicare Advantage or PACE choice at 65: on first becoming eligible for Part A at 65, you enrolled in a Medicare Advantage plan or with a PACE provider and disenrolled no later than 12 months after the enrollment took effect.

Brevy's national guide to Medigap guaranteed issue rights covers the federal situations and the plans they open.

How the Arkansas 63-day clocks run

Arkansas's guaranteed issue rule sets two deadlines worth marking:

  • Employer plan ends: the Arkansas guaranteed issue period ends 63 days after the later of the date of the termination notice or the date the coverage ends.
  • Medicare Advantage enrollment terminated involuntarily: the Arkansas guaranteed issue period begins on the date you receive the termination notice and ends 63 days after the coverage ends.

For any other situation on the list, ask AR SHIIP or AID for the deadline before your old coverage ends.

What proof to keep

Arkansas's guaranteed issue rule requires evidence of the termination, disenrollment, or Part D enrollment date to go in with the Medigap application. CMS's Choosing a Medigap Policy guide tells applicants to keep copies of letters, notices, emails, or claim denials with their name on them as proof that coverage ended, along with the postmarked envelope the papers came in. CMS also says to call your State Insurance Department if you're denied Medigap coverage in a guaranteed issue situation, which in Arkansas is the Arkansas Insurance Department.

Which Medicare supplement plans can you buy in Arkansas?

Medigap plans are standardized by letter. Medicare's 2026 Choosing a Medigap Policy guide charts the Medigap plans as Plans A, B, C, D, F, G, K, L, M, and N, and states that every insurance company that sells Medigap policies must offer at least Plan A. Arkansas rule 23 CAR § 89-127 likewise speaks of ten standardized Medicare supplement plans.

Two federal limits shape which letters an Arkansan can buy in 2026:

  • Plans C and F: Medigap plans sold to people new to Medicare on or after January 1, 2020 can't cover the Part B deductible, so Plans C and F are closed to anyone who turned 65 and got Part A on or after that date.
  • Plans D and G instead: people new to Medicare since January 1, 2020 have the right to buy Plans D and G, which give the same benefits as C and F without the Part B deductible.

CMS adds that someone eligible for Medicare before January 1, 2020 who hasn't enrolled yet may be able to buy Plan C or Plan F, and that Plans E, H, I, and J are no longer sold, though an existing holder can generally keep one. Brevy's guides to how the lettered Medigap plans work and to Medigap Plan G vs. Plan N compare the letters benefit by benefit.

Should Arkansans choose Medigap or Medicare Advantage?

Medigap pairs only with Original Medicare. CMS's booklet Understanding Medicare Advantage Plans says you can't use Medigap to pay Medicare Advantage Plan copayments, coinsurance, deductibles, or premiums.

The same CMS booklet states that it's illegal for anyone to sell you a Medigap policy while you're in a Medicare Advantage Plan unless you're switching back to Original Medicare, and it says to report such a sales attempt to your State Insurance Department. Brevy's guide to illegal Medigap sales walks through the federal rule.

Dropping Medigap for Medicare Advantage is hard to undo. CMS states that in most cases, if you drop a Medigap policy to join a Medicare Advantage Plan, you may not be able to get the same policy back. The federal "trial right" lets a first-time Medicare Advantage enrollee buy a Medigap policy and a separate Medicare drug plan on returning to Original Medicare within 12 months of joining. Arkansas rule 23 CAR § 89-114 includes its own 12-month trial situations, listed above. Brevy's comparison of Original Medicare and Medicare Advantage sets the two side by side.

Can you switch or drop an Arkansas Medigap policy later?

Switching is limited. Medicare.gov says that, under federal rights, in most cases you won't be able to switch Medigap policies outside your six-month Medigap Open Enrollment Period except in specific guaranteed issue situations, and that switching outside it may mean paying more and answering medical questions. Medicare.gov also warns that if you drop a Medigap policy, you might not be able to get it or any policy back later.

Two federal protections apply once you do switch or buy:

  • No new waiting period on a replacement: under Social Security Act §1882(s)(2)(C), a Medigap policy that replaces one in effect for six months or longer may not impose new pre-existing condition, waiting, elimination, or probationary periods for similar benefits.
  • A 30-day return right: under §1882(c)(4), a Medigap policy may be returned for a full refund of premiums paid during a period of not less than 30 days after it is issued.

Medicare.gov notes that its switching answers cover federal rights only, and CMS's Choosing a Medigap Policy guide adds that you may have more rights under state law.,

Which Arkansas Medigap window fits your situation?

Your situation When to apply What Arkansas rule text guarantees
Turning 65 and enrolled in Part B Before or during the six months starting the first month you are 65 or older and in Part B Every policy an insurer currently offers, with no health-based denial or pricing (23 CAR § 89-113)
Under 65 with Medicare by reason of disability During the six months starting the first month you enrolled in Part B At least one of the ten standardized plans, with no health-based denial (23 CAR § 89-127)
Under-65 enrollee reaching 65 The six-month window starting the month you are both 65 and in Part B The same open enrollment protections as any 65-year-old (23 CAR § 89-113)
Employer plan ends Until 63 days after the later of the notice or the coverage end date Certain Medigap policies with no pre-existing condition exclusion (23 CAR § 89-114)
Medicare Advantage enrollment terminated involuntarily From the date you get the notice until 63 days after coverage ends Certain Medigap policies with no pre-existing condition exclusion (23 CAR § 89-114)
Other listed coverage losses or 12-month trials Ask AR SHIIP or AID before the old coverage ends Certain Medigap policies with no pre-existing condition exclusion (23 CAR § 89-114)

Sources for the table: Arkansas rules 23 CAR §§ 89-113, 89-114, and 89-127 and CMS's Choosing a Medigap Policy guide.

Where can Arkansans get Medigap help?

The Arkansas Insurance Department's SHIIP page states that AR SHIIP helps Medicare-eligible Arkansans and their families connect with certified counselors throughout the state. According to the same AID page, AR SHIIP counselors offer free, one-on-one help, by phone or in person, on Medicare, Medicare Advantage, Medicare Supplement plans, and Medicare Part D drug coverage.

CMS's Choosing a Medigap Policy guide tells anyone who needs help comparing and choosing a Medigap policy to call their State Health Insurance Assistance Program (SHIP) and to visit shiphelp.org for the local SHIP's number. Arkansans who need help with Medicare costs can read Brevy's guide to Arkansas Medicare Savings Programs, and Brevy's Arkansas Medicare hub covers the state's Medicare options beyond Medigap.

For questions about Original Medicare itself, 1-800-MEDICARE (1-800-633-4227) is the official Medicare line run by CMS, and TTY users call 1-877-486-2048. Medicare.gov says 1-800-MEDICARE callers can talk or live chat with a real person 24 hours a day, 7 days a week, except some federal holidays.

Frequently Asked Questions

Can I apply for an Arkansas Medigap policy before my Part B starts?

Yes. Arkansas rule 23 CAR § 89-113 protects a Medigap application "submitted prior to or during" the six-month open enrollment period, so an Arkansan can apply in the months before Part B takes effect and keep the open enrollment protections.

How does the Arkansas under-65 Medigap rule differ from the window at 65?

The two Arkansas rules promise different things. For applicants on Medicare by reason of disability, Arkansas rule 23 CAR § 89-127 requires at least one of the ten standardized Medicare supplement plans an issuer currently offers to be made available. For the open enrollment window at 65, Arkansas rule 23 CAR § 89-113 requires each Medigap policy an insurer currently has available to be made available to every qualifying open enrollment applicant without regard to age.

What if an Arkansan under 65 misses the six months after Part B starts?

The bar on health-based denial in Arkansas rule 23 CAR § 89-127 covers applications submitted during the six months beginning with the first month the person first enrolled in Medicare Part B. Medicare.gov says people under 65 who have Medicare because of a disability might not be able to buy a Medigap policy until they turn 65, because federal law generally doesn't require insurance companies to sell Medigap policies to people under 65. CMS's Choosing a Medigap Policy guide says a person who already has Medicare Part B will still get a Medigap Open Enrollment Period at 65, and it tells readers to call their SHIP or State Insurance Department to learn about additional rights under state law.

Learn More

Find personalized help lining up an Arkansas Medigap application inside a protected window 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.

Still have questions?

Brevy answers from this guide and every other guide here, and can check what you qualify for.

BC

Brevy Care Team

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