If your Nevada Medigap premium just jumped, you have a yearly window to shop for a cheaper plan without a health screening.

In This Guide

How Nevada's Medigap Birthday Rule Works

Under Original Medicare, a Medigap policy fills the deductibles and coinsurance that Medicare leaves to you. The trade-off is timing. During the one-time Medigap Open Enrollment Period, federal law bars an insurer from turning you down or charging you more because of your health. After that window, unless a separate guaranteed-issue right applies, you may not be able to buy a new Medigap policy, or it may cost more. That makes it hard to leave a plan once your premium starts climbing.

Nevada answered this with a "birthday rule." Assembly Bill 250, passed in the 2021 legislative session and effective January 1, 2022, gives every existing Medicare Supplement policyholder a new open enrollment period each year. The rule is now codified, as amended in 2023 and 2025, at NRS 687B.352.

Here is the shape of that window:

  • It opens on the first day of your birthday month. If you were born in September, your window opens September 1.
  • It stays open for at least 60 days after that first day.
  • During the window, the replacement policy is guaranteed issue. An insurer cannot rate you up or deny you because of your health status or your claims experience, and it cannot exclude benefits for a preexisting medical condition.

You can switch to a plan from your current company or move to a different carrier entirely; the Division of Insurance's guidance says you may buy from your existing carrier or a new one without underwriting.

Detail What the rule says
Who qualifies Nevada residents who already hold a Medicare Supplement (Medigap) policy
When the window opens The first day of your birthday month
How long it lasts At least 60 days after it opens
What you can switch to A plan with the same or lesser benefits, from your existing carrier or a new one
Underwriting None; you cannot be rated up or denied based on health or claims history
Carrier notice Your insurer must notify you no earlier than 60 days and no later than 30 days before the window opens

Carriers are not allowed to keep this quiet. Your Medicare Supplement company must send you a notice at least 30 days, but not more than 60 days, before your window opens. It has to give the dates your window begins and ends and the rights the rule gives you, plus any change to your current policy's benefits or premium. Watch your mail in the two months before your birthday month so you do not miss the window.

If you moved to Nevada holding a Medigap policy bought in another state, the rule still covers you, but your carrier may not know you live here. The Division of Insurance expects the rule to apply once the carrier learns of you, so tell your carrier you are now a Nevada resident rather than waiting for a notice that may never come. The rule does not follow you out of state: if you bought your policy in Nevada and have since moved away, it does not apply.

What "Same or Lesser Benefits" Means

The birthday rule lets you move to a policy with the same or lesser benefits, not a richer one. You cannot use the birthday rule to upgrade to a plan with more coverage than you have now.

You do not have to judge "same or lesser" yourself. The Nevada Division of Insurance publishes a Medicare Supplement replacement matrix that lists, for the plan you hold now, exactly which plans you may replace it with. Some entries also depend on whether you became eligible for Medicare before January 1, 2020, or on or after that date. A holder of a Plan C, for example, may move to Plan A, B, C, D, K, L, M or N, while a holder of an older Plan H may move to Plan A, B, D, K, L, M or N. The Commissioner updates the matrix as needed, so check the version in force for your birthday month.

One technical point matters when you compare plans: innovative benefits do not count in the "equal or lesser" comparison. Division guidance defines these as benefits not found in the other standardized plans, such as nurse advice lines, annual physical exams, preventive dental, vision and hearing care, drug discount cards and gym memberships. They are set aside when an insurer checks whether your new policy is truly the same or lesser.

What Nevada's Medigap Birthday Rule Will Not Do

AB 250 is powerful, but it is narrow on purpose. Three limits are worth knowing before you shop:

  • You have to already have Medigap. The birthday rule is a switching right for current policyholders. It is not a way to buy your first Medicare Supplement plan after missing your federal open enrollment.
  • You cannot upgrade benefits. As above, the replacement must have the same or lesser benefits.
  • You cannot use it to re-enroll with the same company and the same plan just to move from a non-standard rate to a standard rate. AB 250 specifically does not allow that maneuver.

There is also a separate legal distinction. People enrolling under the AB 250 birthday rule are not treated as "eligible persons" under Nevada Administrative Code 687B.2053 to 687B.2055, so they do not get the separate guaranteed-issue period in NAC 687B.2056. The birthday rule stands on its own; do not assume it carries those other protections with it.

How to Use Your Window

If a rate increase has you looking to switch, here is a practical sequence:

1
Step 1

Mark your window

It opens the first day of your birthday month and runs at least 60 days. Put both dates on your calendar.

2
Step 2

Check which plans you can move into

Find your current plan on the Division of Insurance's replacement matrix, then compare premiums only among the plans it lists for you.

3
Step 3

Apply during the window

Because the new policy is guaranteed issue, the insurer cannot rate you up or deny you for your health.

4
Step 4

Confirm before you cancel

The rule does not set when your new policy starts; the carrier chooses the effective date. Get that date in writing and make sure your new policy is active before you drop the old one, so you are never without supplemental coverage.

For free, unbiased help reading your options, contact the Nevada Medicare Assistance Program (MAP), which delivers the state's State Health Insurance Assistance Program (SHIP) counseling. Its counselors walk through your Medicare coverage options free of charge. Reach them statewide at 800-307-4444, or see our Nevada Medicare hub and our Nevada MAP guide.

Frequently Asked Questions

When does my Nevada birthday-rule window open and close?

It opens on the first day of your birthday month and stays open for at least 60 days after that date. If you were born in March, for example, your window opens March 1 and runs through at least the end of April. Your carrier must send you notice at least 30 days, and no more than 60 days, before it begins.

Can I switch to a plan with more benefits?

No. The birthday rule lets you move to a Medicare Supplement plan with the same or lesser benefits only, not a richer one. The Division of Insurance's replacement matrix lists exactly which plans your current plan can be replaced with.

Can I change companies?

Yes. The Division of Insurance's guidance says you can buy your new policy from your existing carrier or from a new one, without underwriting.

Will my health affect the new policy?

No. During your window the replacement policy is guaranteed issue, so the insurer cannot charge you more (rate you up) or deny you based on your health status or claims experience. One question is still open: Division guidance says no federal or other regulatory body has given explicit guidance on whether carriers may offer non-tobacco discounts during the window, so ask how your tobacco status will be rated. The rule also does not let you re-enroll with the same company and same plan just to move from a non-standard rate to a standard rate.

Learn More

MedicareMedicare Plans and Coverage in NevadaMedicare in Nevada for 2026: Parts A and B costs, Medicare Advantage by ZIP code, Part D redesign, Medigap, MSP programs, and free MAP/SHIP counseling. MedicareHow Medigap WorksMedigap (Medicare Supplement) explained: how the standardized A-N plans work, Plan G vs Plan N, closed C and F plans, and the 6-month guaranteed-issue window. MedicareMedicare: The National GuideWhat is Medicare? A plain guide to Parts A, B, C, and D, who qualifies, 2026 costs, when to enroll, and what it doesn't cover, with help-paying options. MedicareOriginal Medicare vs. Medicare AdvantageCompare original Medicare vs Medicare Advantage on cost, networks, the $9,250 cap, and switching back. A neutral 2026 side-by-side to help you choose.

If a premium increase has you ready to switch, time your move to your birthday month and find free Nevada Medigap 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.

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