What Is Medigap Guaranteed Issue?
Medigap guaranteed issue (GI) is a federal protection that requires insurance companies to sell you a Medicare Supplement plan without asking about your health history or pre-existing conditions. Under normal circumstances, if you apply for Medigap outside of your initial open enrollment period, insurers in most states can review your health and decline your application. Guaranteed issue removes that barrier in specific qualifying situations.
The federal right is established under 42 U.S.C. § 1395ss and applies in specific qualifying situations. When you have a guaranteed-issue right, the insurer generally cannot use medical underwriting to deny the protected Medigap policy because of your health — and cannot charge you more because of your health status.
States may provide additional Medigap protections beyond the federal floor. If you live in a state with broader GI rights, you may have more options than what federal law alone provides. Always verify your state's rules with your state insurance department or a licensed broker.