So you've just qualified for Medicaid, and now you're wondering what to do with the Medigap policy you're still paying for. Good news on this one: you don't have to cancel it. Federal law lets you suspend your Medigap policy for up to 24 months instead of dropping it, and get it back later with no new medical questions and no new waiting period. The rule that makes this work is written right into the Medicare law.

In This Guide

Can You Suspend Your Medigap Policy When You Get Medicaid?

Yes. When you become entitled to Medicaid, federal law gives you the right to pause your Medigap policy rather than end it. The period can run up to 24 months, and it happens at your request, once you've applied for and been determined entitled to Medicaid.

This matters because Medicaid and Medigap end up doing similar jobs. Medigap exists to cover the deductibles and coinsurance that Original Medicare (Part A and Part B) leaves you to pay. Once Medicaid picks up much of that cost-sharing, keeping a separate Medigap premium can feel like paying twice for the same protection. Suspending lets you stop those premiums without permanently giving up the coverage. If you also qualify for a Medicare Savings Program, a related form of help that pays Medicare premiums and other costs, that's one more reason a separate Medigap premium may be money you no longer need to spend.

And that's the real point of the suspension rule. While the policy is suspended, both the benefits and the premiums are put on hold. You're not paying for something you don't need at the moment, but you haven't torn up the policy either.

The authority for all of this is Section 1882(q)(5) of the Social Security Act (42 U.S.C. 1395ss(q)(5)), the same part of the law that standardizes Medigap plans in the first place. Every Medigap policy has to offer this suspension option.

The 90-Day Deadline That Makes or Breaks It

The suspension right isn't automatic, and it isn't open-ended. To claim it, you have to notify your insurer within 90 days after the date you become entitled to Medicaid.

That's 90 days, counted from your Medicaid entitlement date, not from when you got around to reading your mail. The statute grants the guaranteed suspension only if that notice reaches the issuer inside the window. Miss it, and you've lost the clean, protected path the law spells out.

So the practical move is simple: the day your Medicaid approval comes through, mark the date, and get your suspension request to the insurer well before the 90 days run out. Don't sit on it.

What Happens When Your Medicaid Ends

Medicaid isn't always permanent. Incomes change, a spouse's situation changes, and sometimes people lose eligibility. The suspension rule anticipates exactly that.

If you lose your Medicaid entitlement while your Medigap policy is suspended, the policy is automatically reinstated, effective as of the date your Medicaid ends. You don't reapply from scratch, and there's no gap where you're suddenly uninsured for the Medigap portion.

There's one condition, and it mirrors the first deadline: you have to give your insurer notice of the loss within 90 days after the date your Medicaid ends. So the 90-day clock matters on both ends. Once at the start, when you suspend, and once at the finish, when you want the policy back on.

Why Suspending Beats Canceling

If you cancel a Medigap policy outright and later want a new one, you usually walk back into the open market, where insurers can ask about your health, charge you more, or make you sit through a waiting period for pre-existing conditions. For someone who's been on Medicaid for a year or two, that can mean a far worse deal, or no affordable policy at all.

Suspension protects you from all of that. When the policy reinstates, the law requires terms with no waiting period for pre-existing conditions, coverage substantially equivalent to what you had before, and premium classification at least as favorable as it would have been if the coverage had never stopped. In plain terms: no new medical underwriting, and no fresh pre-existing-condition penalty.

That's the whole reason this option exists. It keeps a valuable, guaranteed-issue Medigap policy in your pocket for the day you might need it again, instead of forcing you to gamble on the open market later.

How to Suspend Your Medigap Policy After You Get Medicaid

The request goes to your Medigap insurer, the private carrier that issued your plan, not to Medicare and not to Medicaid. There's no federal form for it. A few things to keep in mind:

  • Contact your Medigap carrier directly and tell them you want to suspend your policy because you've become entitled to Medicaid. Put it in writing so you have a record.
  • Do it well within 90 days of your Medicaid entitlement date, since that window is what preserves your right to suspend.
  • Keep proof of your Medicaid entitlement date and a copy of your suspension request. If there's ever a dispute about the timing, that paper trail is what protects you.
  • Set a reminder about the 24-month limit and about the second 90-day deadline, so that if your Medicaid situation changes, you don't miss the notice that brings your policy back.

If your carrier gives you trouble or seems unsure of the rule, point them to Section 1882(q)(5). It's a standard federal requirement every Medigap issuer has to follow.

Frequently Asked Questions

Who do I contact to suspend my Medigap policy, Medicare or my insurer?

The private insurance company that issued your Medigap policy, not Medicare and not your state Medicaid office. The statute puts the duty on the Medigap issuer, so your request, ideally in writing, goes straight to that carrier. There's no federal form to fill out.

What happens if I stay on Medicaid for longer than 24 months?

The law guarantees the suspension for a period not to exceed 24 months. It doesn't promise a longer pause, so if your Medicaid continues past that point, ask your insurer well before the 24-month mark what your options are rather than assuming the policy stays suspended indefinitely.

Does every Medigap policy have to offer this suspension option?

Yes. Section 1882(q)(5) requires that every Medicare Supplement policy provide for suspension when the holder becomes entitled to Medicaid. If a carrier tells you its plan doesn't include suspension, that isn't correct. The option is a federal requirement, not something an insurer chooses whether to offer.

Will suspending my Medigap policy change my Medicare or Medicaid coverage?

No. Suspension pauses only the private Medigap policy, its benefits and its premiums. Your Original Medicare and the Medicaid coverage that made you eligible to suspend both keep running as usual; the pause applies to the supplement alone.

Learn More

Find personalized help deciding whether to suspend or keep your Medigap coverage after qualifying for Medicaid 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.