Maine Medigap Guaranteed-Issue Rules (2026)

If you live in Maine, you have more ways to buy or switch a Medicare Supplement (Medigap) policy without medical underwriting than federal law alone provides. The Maine Bureau of Insurance gives residents several guaranteed-issue rights that go beyond the standard six-month window, so a health condition does not have to lock you out. This guide walks through each one for 2026.1

In This Guide

• Key Takeaways
• What Guaranteed Issue Means
• Maine's Extra Protections
• Your Guaranteed-Issue Rights at a Glance
• Medicare Advantage Protections
• Frequently Asked Questions

What Guaranteed Issue Means for Maine Medigap Buyers

Guaranteed issue means an insurer must sell you a Medigap policy regardless of your health. It cannot review your medical history, charge you more because of a condition, or turn you down. The opposite is medical underwriting, where the insurer can ask health questions and decline you or raise your rate. Medicare sets the federal baseline for these rights through its Medigap program, and each state can add its own protections on top.

Under federal rules, your one window to buy any plan without health questions is the Medigap Open Enrollment Period: the one-time six months that begin the first month you are 65 or older and enrolled in Medicare Part B. During those six months an insurer must sell you any plan it offers, with no medical underwriting and no higher price because you have health problems. One thing it can still do is hold off covering a pre-existing condition for up to six months, unless you had at least six months of continuous creditable coverage before you enrolled. A statutory guaranteed issue right does not allow even that.2,1 That window applies in Maine, too.

What sets Maine apart is what happens after those six months close. In many states, you face underwriting once your initial window ends. Maine adds several standing protections that keep guaranteed issue available in situations the federal rules do not cover.

Maine's Extra Medigap Guaranteed-Issue Protections

The Maine Bureau of Insurance regulates Medicare Supplement policies in the state and enforces the rights below.1

The annual Plan A guaranteed-issue month

Every Medigap insurer in Maine must designate at least one month each year during which it will accept any applicant for its Plan A policy on a guaranteed-issue basis, with no medical underwriting. This applies even if you are outside any federal open enrollment period. Each insurer chooses its own month, and the Bureau of Insurance publishes the schedule so you can see which companies are open and when.1

Guaranteed issue in this month means no medical underwriting, not necessarily the standard price. The Bureau's guide notes, for example, that Anthem offers its Plan A on a guaranteed basis all year, but if you aren't enrolling during your open enrollment period, it adds a 20% surcharge to the standard premium for the first 12 months. Some insurers show up in the Bureau's chart as open all year rather than in a single month.1

If you missed your federal window or were declined elsewhere, the annual Plan A month is a reliable way back in. Check the Bureau's schedule, find an insurer whose month is coming up, and apply for Plan A during that month.

The ongoing right to switch to equal or lesser benefits

Maine residents have a standing right to change Medicare Supplement plans, to the same insurer or a different one, as long as two conditions hold:

• The new plan has the same or lesser benefits than your current plan.
• You have never had a gap of more than 90 days in coverage that supplements Medicare since your Medigap Open Enrollment Period.

You don't have to wait for a yearly window, but the right isn't open-ended. The Bureau says you must get your new plan within 90 days of leaving the old one, so line up the new policy before you cancel the current one rather than dropping coverage and shopping afterward. As long as you keep your supplemental coverage without a break longer than 90 days, you can switch or drop a Medigap policy and move to a same-or-lesser plan when it makes sense for you. Because the protection runs in the direction of equal or lesser benefits, it is a tool for finding a better fit or a lower-benefit plan, not for upgrading to richer coverage without underwriting. A step down can also be hard to undo: the Bureau warns that after buying a lower-benefit plan you may not be able to enroll in a higher-benefit plan later, and that once you buy Plan K or L, you may only be able to switch to another Plan K, Plan L, or high-deductible Plan G.1

90-day guaranteed issue when you lose other coverage

If you lose certain other coverage, a Maine insurer must issue you a Medigap policy as long as you apply within 90 days. This covers loss of:

• An individual health insurance plan (fixed-indemnity and short-term plans do not count).
• An employee welfare benefit plan, meaning employer group health coverage.
• MaineCare, Maine's Medicaid program.

The 90-day clock runs from when the other coverage ends, so apply promptly.1

Your Guaranteed-Issue Rights at a Glance

Maine residents have six distinct guaranteed-issue paths to a Medigap policy in 2026, some from federal law and some from Maine's own rules, each with its own trigger and deadline. The table below summarizes when you can buy or switch without medical underwriting.1

Medicare Advantage Protections

Federal guaranteed-issue rules and Maine's own also protect people moving between Original Medicare and Medicare Advantage.

If your Medicare Advantage plan is involuntarily terminated, meaning it ends without your asking, the Bureau says you may be entitled to guaranteed issue of a Medigap policy. Maine doesn't set its own deadline for this, so the federal right applies. It covers an Advantage plan that leaves Medicare, stops giving care in your area, or changes its network significantly, and a move out of the plan's service area, as long as you switch to Original Medicare. You can apply from 60 days before your Advantage coverage ends until no more than 63 days after it ends, and an insurer must sell you Medigap Plan A, B, C, D, F, or G (Plans C and F are closed to people new to Medicare on or after January 1, 2020). You can't buy a Medigap policy while you are still enrolled in Medicare Advantage.1

Maine also recognizes a 36-month Medicare Advantage trial right, three times the federal 12 months. If you join Medicare Advantage during your six-month Medigap Open Enrollment Period and switch back to Original Medicare Part A and Part B within 36 months, you can buy any Medigap plan, as long as you buy it within 90 days after the Advantage coverage ends. Federal rules only let you return to Original Medicare at certain times, so joining Advantage mid-year means switching back sooner than the full 36 months. Because this is Maine law, the right doesn't travel with you to another state. A similar Maine right runs the other way: if you drop a Medigap plan to try Medicare Advantage for the first time and return to Original Medicare within 3 years, you can buy an equivalent or less comprehensive supplement plan, as long as you still live in Maine and apply within 90 days.1 This gives first-time enrollees room to try Medicare Advantage and still keep a clean path back to a supplement.1

Learn More

Your next step: check the Maine Bureau of Insurance's Medicare Supplement page to see the current guaranteed-issue month schedule and confirm which insurers are open, then apply directly with a licensed Medigap carrier during the window that fits your situation.1 To map out your options as a Maine resident, you can also find personalized Medicare help 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.