Florida Medicare Supplement Guaranteed Issue and Medigap Rights (2026)

Florida's Medicare Supplement guaranteed issue law gives Floridians under 65 on Medicare because of a disability or end-stage renal disease a 6-month guaranteed-issue Medigap window. Federal law generally doesn't require insurance companies to sell Medigap policies to people under 65. Under section 627.6741, Florida Statutes, a Florida Medigap insurer must offer enrollment, without conditioning the policy on or pricing it by your medical status, for 6 months once you are enrolled in Medicare Part B at 65 or on Medicare because of a disability or ESRD, and for 2 months after group health coverage ends.1,2

In This Guide

• Florida's Medicare Supplement Guaranteed Issue Windows
• Florida Medicare Supplement Guaranteed Issue Before 65
• How Florida Protects Your Medigap Policy
• Pre-Existing Conditions Under Florida Law
• Which Medigap Plans You Can Buy in Florida
• Switching Medicare Supplement Plans in Florida Later
• Medigap vs. Medicare Advantage in Florida
• How to Buy a Medigap Policy in Florida
• Frequently Asked Questions
• Learn More

Florida's Medicare Supplement Guaranteed Issue Windows

Section 627.6741(1)(a) of the Florida Statutes sets two guaranteed-issue windows. In both Florida guaranteed-issue windows under s. 627.6741(1)(a), an insurer issuing Medicare Supplement policies in Florida must offer enrollment "without conditioning the issuance or effectiveness of the policy on, and without discriminating in the price of the policy based on, the medical or health status or receipt of health care by the individual." The windows apply to Florida residents who are 65 or older, or under 65 and eligible for Medicare because of a disability or end-stage renal disease (ESRD).1

The Florida Department of Financial Services (DFS) explains how those windows play out in four common situations.1

Table sources: s. 627.6741(1)(a) and the DFS Medicare Supplement overview.1

Florida's turning-65 window runs alongside the federal Medigap Open Enrollment Period. Section 1882 of the Social Security Act bars a Medigap insurer from denying, conditioning, or pricing a policy based on health status for an application submitted during the 6-month period beginning with the first month a person is 65 or older and enrolled in Part B. Medicare.gov describes the Medigap Open Enrollment Period as a one-time period that does not repeat every year.2

The window after group coverage ends is a Florida statutory right under s. 627.6741 for a Florida resident enrolled in Part B, and DFS describes it as covering employer-based group coverage. If you are leaving an employer plan in Florida, mark the date coverage ends and apply for a Medigap policy well inside those 2 months.1

Medicare.gov says federal law also gives a guaranteed issue right in specific other situations.3 Those federal situations are explained in Brevy's guide to Medigap guaranteed issue rights, and the federal enrollment clock is in the Medigap open enrollment guide.

Outside a guaranteed-issue window, Medicare.gov states the federal rule: you may pay more, fewer policies may be available, and an insurance company is allowed to deny you a Medigap policy if you don't meet its medical underwriting requirements. Medicare.gov adds that you may have additional rights under state law.2

Florida Medicare Supplement Guaranteed Issue Before 65

Federal law generally doesn't require insurance companies to sell Medigap policies to people under 65, so Medicare.gov warns that someone on Medicare because of a disability or ESRD might not be able to buy a Medigap policy until 65.2

Florida is different. DFS says that effective October 1, 2009, s. 627.6741 required an open enrollment period for people who become eligible for Medicare Parts A and B because of a disability, including ESRD, and that "all insurance companies that sell Medicare Supplement policies in Florida must offer their policies to those under age 65."1

Here is how Florida's under-65 Medigap rules work, according to DFS:1

• The window: once a Floridian on disability or with ESRD is enrolled in Medicare Parts A and B, regardless of age, that person has 6 months to obtain a guaranteed-issue Medicare Supplement policy.
• The price: Florida Medicare Supplement rates for people with ESRD or on disability are higher than for people eligible for Medicare because of age.
• A second window at 65: a Floridian on disability or with ESRD who enrolled in a Medicare Supplement plan gets another open enrollment period at 65 and must apply for a new policy to receive the lower premium. The lower rate is not automatic.

If you are under 65 on Medicare in Florida, put your 65th birthday month on the calendar now. That second open enrollment period is when the lower age-based rate becomes available, and it takes a new application.1

How Florida Protects Your Medigap Policy

Once you hold a Medicare Supplement policy in Florida, state law limits what the insurer can do with it.1

Guaranteed renewal. Under s. 627.6741(2), a Florida Medigap insurer "shall neither cancel nor nonrenew a Medicare supplement policy or certificate for any reason other than nonpayment of premium or material misrepresentation."1

Issue-age pricing. DFS states that all Florida Medicare Supplement policies must be sold on an "issue age basis," meaning your premium will not increase because you get older. The trade-off: if you switch to a new insurer, the new Florida policy is rated on your age at the time of the new application.1

Rate increases need approval. Issue-age pricing does not freeze a Florida Medigap premium. DFS says insurers may adjust premiums because of inflation, overall claims experience, or benefit adjustments as Medicare benefits change, and that the Florida Office of Insurance Regulation (OIR) "has to approve any rate increase before it goes into effect."1

Class-wide increases only. According to DFS, a Florida Medigap insurer can only increase premiums for an entire policy class and cannot single out and raise your premium based on your health or the number of claims you file.1

45 days' notice. When OIR grants a Florida Medigap insurer a rate change, DFS says the policyholder must get at least 45 days' advance notice of the change.1

For how issue-age pricing compares with the other ways Medigap policies are priced nationally, see Brevy's guide to Medigap pricing.

Pre-Existing Conditions Under Florida Law

Guaranteed issue in Florida means an insurer must offer you enrollment. Whether that policy covers a condition you already have is a separate set of rules in s. 627.6741(2).1

• A 6-month cap. Unless it replaces an existing policy, a Florida Medicare Supplement policy "shall not limit or preclude liability under the policy for a period longer than 6 months because of a health condition existing before the policy is effective." DFS puts it as a maximum pre-existing time period of 6 months minus credit for prior coverage.1
• A 6-month lookback. A Florida Medigap policy may not define a pre-existing condition more restrictively than a condition for which a physician gave medical advice, or recommended or provided treatment, within 6 months before the policy's effective date.1
• No exclusion with 6 months of creditable coverage. Under s. 627.6741(1), a Medigap policy issued in either Florida guaranteed-issue window may not exclude benefits based on a pre-existing condition if you have a continuous period of creditable coverage, as defined in Florida law, of at least 6 months as of the date you apply.1

Credit also carries over when you replace coverage. Under s. 627.6741(2), when a Florida Medicare Supplement policy replaces another Medicare Supplement policy or creditable coverage, the replacing insurer must waive pre-existing condition periods, waiting periods, elimination periods, and probationary periods for similar benefits to the extent that time was spent under the original policy. Federal law has a parallel rule: under Section 1882, a Medigap policy that replaces one in effect for 6 months or longer may not impose those periods for similar benefits.1,3

Whether your prior coverage counts as creditable coverage under Florida law is a question to put to SHINE (Serving Health Insurance Needs of Elders), Florida's State Health Insurance Assistance Program, or to DFS before you apply (contacts are below). Brevy's guide to Medigap and pre-existing conditions covers the federal side.

Which Medigap Plans You Can Buy in Florida

DFS states that Florida insurers can only sell standardized Medicare Supplement plans identified by letters A through N, and that every standardized policy must offer the same basic benefits no matter which company sells it. "Since the coverage is the same no matter which insurer you choose, the only difference is the price and the service you receive."1

That makes Florida Medigap shopping a two-step job: pick the plan letter for the benefits, then compare insurers on price and service. A few federal rules shape which letters are open to you.4

• Plan A is always offered. Medicare's 2026 guide Choosing a Medigap Policy states that all insurance companies that sell Medigap policies must offer at least Medigap Plan A. An insurer is not required to sell every other letter.4
• Plans C and F are closed to people new to Medicare. 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 no longer available to them. People new to Medicare on or after January 1, 2020 have the right to buy Medigap Plans D and G instead, which give the same benefits but don't cover the Part B deductible. Someone who was eligible for Medicare before January 1, 2020 but hasn't yet enrolled may be able to buy Plan C or Plan F.4
• Plans E, H, I, and J are no longer sold, but someone who already has one can generally keep it.4
• Part B excess charges are covered by Plans F and G and by none of the other lettered plans on Medicare's 2026 chart.4
• Plan N copays. Plan N pays 100% of the Part B coinsurance, but you pay a copayment of up to $20 for some office visits and up to $50 for emergency room visits that don't result in an inpatient admission.4

For the Plan C and Plan F rule, Medicare's 2026 Medigap guide treats you as new to Medicare if you turned 65 on or after January 1, 2020 and got Medicare Part A on or after January 1, 2020.4

Brevy's Plan G vs. Plan N comparison lays out how those two plans differ, and the Plan F guide explains who can still buy F.

Switching Medicare Supplement Plans in Florida Later

Florida's Medigap guaranteed-issue windows under s. 627.6741 are the 6-month windows tied to Part B enrollment and the 2-month window after group coverage ends. Neither s. 627.6741 nor the DFS Medicare Supplement overview names an annual or birthday-based window to switch Medigap policies.1

That leaves the federal rules. Medicare.gov says its switching answers "only apply to your federal rights," and that in most cases you won't be able to switch your Medigap policy outside your 6-month Medigap Open Enrollment Period except in specific situations when you have a guaranteed issue right. If you switch outside that period, Medicare.gov says, you may have to pay more for the new policy and answer some medical questions.3

Before switching Florida Medigap policies, keep three rules in mind:

1. Don't drop the old policy first. Medicare.gov warns that if you drop your Medigap policy, you might not be able to get it or any policy back later.3
2. Expect a new age-based price. Under Florida's issue-age rule, a new insurer rates you on your age when you apply.1
3. Use the 30-day free look. DFS says a 30-day free look period applies to all Florida Medicare Supplement policies under s. 627.674, starting the day the policy is delivered, and you can return the policy for a full refund of all premiums. DFS suggests returning it in a way that requires the insurer to confirm delivery.1

Federal law sets a similar floor: under Section 1882, a Medigap policy may be returned for a full refund of premiums during a period of not less than 30 days after it is issued.3

Medigap vs. Medicare Advantage in Florida

Medigap helps pay your share of out-of-pocket costs in Original Medicare, not in Medicare Advantage. You can't use a Medigap policy to pay a Medicare Advantage plan's copayments, coinsurance, deductibles, or premiums.5

The sale bar. Medicare's booklet on Medicare Advantage states that if you're in a Medicare Advantage plan, it's illegal for anyone to sell you a Medigap policy unless you're switching back to Original Medicare. If you aren't planning to drop your Medicare Advantage plan and someone tries to sell you a Medigap policy, Medicare says to report it to your State Insurance Department.5

The 12-month trial right. If you join a Medicare Advantage plan for the first time and aren't happy with it, federal law gives you a "trial right" to buy a Medigap policy and a separate Medicare drug plan if you return to Original Medicare within 12 months of joining. Brevy's guide to Medicare Advantage trial rights explains how the trial right works.5

Dropping Medigap for Medicare Advantage. Medicare warns that in most cases, if you drop your Medigap policy to join a Medicare Advantage plan, you may not be able to get the same policy back.5

For the broader choice, see Original Medicare vs. Medicare Advantage.

How to Buy a Medigap Policy in Florida

1. Time your application. Apply inside one of the Florida guaranteed-issue windows in the table above, while an insurer cannot condition or price your Medigap policy on your health.1
2. Pick a plan letter, then compare prices. DFS points Florida buyers to a Medicare Supplement Sample Rate Search, which OIR established to help people purchase a Medicare Supplement policy; it is linked from the DFS Medicare Supplement overview.6
3. Check the license. DFS tells Florida Medigap buyers to contact DFS to verify the license of the agent and the insurance company before signing an application.6
4. Get free counseling if you want a second opinion. SHINE is offered by the Florida Department of Elder Affairs and local Area Agencies on Aging. DFS's Insurance Consumer Advocate describes SHINE's services as free, unbiased, and confidential, with specially trained volunteers who provide one-on-one counseling.6
5. Apply, then use the free look. Keep your current coverage in place while the new policy is issued, and use Florida's 30-day free look period if the policy is not what you expected.1,3

Florida and federal contacts for Medigap questions:

• SHINE (Florida's State Health Insurance Assistance Program): 1-800-96-ELDER (1-800-963-5337); website floridashine.org.6
• DFS Insurance Consumer Helpline: 1-877-693-5236 statewide toll-free, or (850) 413-3089 from out of state.6
• 1-800-MEDICARE: 1-800-633-4227 (TTY 1-877-486-2048), where Medicare says you can talk or live chat with a real person 24 hours a day, 7 days a week, except some federal holidays.7

Learn More

Find personalized help comparing Medigap options in Florida 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.