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Last updated: 27 May 2026
Bottom Line: The Medigap trial right is a short federal second chance for some people who tried Medicare Advantage and now want Original Medicare plus Medigap. The danger is simple: leaving Medicare Advantage does not always mean a Medigap company must accept you. Miss the Medigap deadline, and an insurer may ask health questions, charge more, or say no.
Need help now
- Find the start date: Check the Medicare Advantage welcome letter, member card, or Medicare account. The 12-month clock usually runs from the plan effective date, not the sales call date.
- Ask which right applies: Call your local SHIP locator office or 1-800-MEDICARE (1-800-633-4227). Ask, “Is this trial right #1, trial right #2, or another protected Medigap right?”
- Shop Medigap early: Medicare’s Medigap guide says many protected windows let you apply 60 days before old coverage ends and no more than 63 days after it ends.
- Do not forget drugs: If your Medicare Advantage plan includes drug coverage, line up a stand-alone Part D plan before the old coverage ends.
Quick help
- If you are still in the first year: Act now. A trial right is usually a first-year protection.
- If your plan is ending: Save the notice. It may be proof for a guaranteed-issue Medigap right.
- If you already left the plan: Count the days since coverage ended. The Medigap side may still have a short deadline.
- If you are under 65: Check state law first. Federal Medigap rights are often narrower before age 65.
- If you cannot pay Medicare costs: Check Medicare Savings Programs before you drop coverage you still need.
Quick-reference table
| Your situation | First call | What to ask | Main risk |
|---|---|---|---|
| You joined Medicare Advantage when first eligible at 65 and are still in the first year | SHIP or Medicare | Ask if trial right #1 applies and when the 12 months end. | Waiting too long to apply for Medigap. |
| You dropped a Medigap policy to try Medicare Advantage for the first time | Old Medigap insurer | Ask if you can get the old policy back and what proof is needed. | The old policy may no longer be sold. |
| Your Medicare Advantage plan is ending, leaving your area, or had a major network change | Plan, then SHIP | Ask for a written notice showing your Medigap rights. | Throwing away the notice that proves the right. |
| You used fall Open Enrollment or the January-March window to return to Original Medicare | SHIP | Ask if any Medigap guaranteed-issue right also applies. | Assuming a Medicare window also guarantees Medigap. |
| You are under 65 and have Medicare due to disability or ESRD | State insurance office | Ask if your state requires Medigap sales before age 65. | Federal law may not give the same access. |
Contents
What the Medigap trial right does
The trial right helps some people try Medicare Advantage and switch back to Original Medicare without losing all access to Medigap. Medigap is Medicare Supplement Insurance. It helps pay some costs left after Original Medicare pays, such as coinsurance, copays, and deductibles.
Medicare explains that Medigap buying rights are called guaranteed issue rights when an insurer cannot deny the policy in certain situations. These rights matter because after the normal six-month Medigap open enrollment period ends, insurers often can use medical underwriting unless a special protection applies.
In plain English, the trial right is not a general “change my mind anytime” rule. It is a short protection tied to a first try with Medicare Advantage. It is also not the same as the yearly Medicare Open Enrollment Period. A person can have a legal way to leave Medicare Advantage but still have no federal right to buy Medigap without health questions.
This is why the order matters. Check Medigap first, then leave Medicare Advantage. Original Medicare has broad provider access, but Medicare says Original Medicare costs have no yearly out-of-pocket limit unless a person has added protection, such as Medigap, or is in Medicare Advantage.
GFS has a separate guide on SHIP and SMP guide support if you need a free counselor to review your dates before you call an insurer.
Check your dates first
Before you call any insurer, write down three dates. Use paper if possible. Do not rely on memory.
- Medicare Advantage start date: This is usually the effective date on the plan welcome letter or member card.
- Planned end date: This is the date the Medicare Advantage plan will end if you return to Original Medicare.
- Medigap application deadline: In many guaranteed-issue cases, the application window starts 60 days before coverage ends and closes no more than 63 days after it ends.
The Medicare page on Medigap open enrollment also warns that federal rules are only part of the answer. State rules may give more rights. That is why the same facts can lead to a different answer in different states.
Keep every notice. Save envelopes too. If a Medigap company asks for proof, the postmark, plan notice, denial letter, or old premium bill may help show when coverage ended or why the person qualifies.
Small date example
Mrs. L joined a Medicare Advantage plan on March 1, 2026. She is unhappy with the network in June. Her first-year trial right may still matter because she is within 12 months of the plan start date. But she should not wait until February 2027 to shop Medigap. She should ask SHIP and the Medigap insurer what date to use now.
Which right fits your situation
There are two main federal trial rights. There are also other guaranteed-issue escape routes when coverage changes around the senior. Use this table before you apply.
| Path | Who usually fits | Medigap choice | Deadline to watch |
|---|---|---|---|
| Trial right #1 | You joined Medicare Advantage or PACE when first eligible for Medicare Part A at 65, and you want Original Medicare within the first year. | Usually any Medigap policy sold by an insurer in your state. | Apply 60 days before coverage ends or no more than 63 days after it ends. |
| Trial right #2 | You dropped a Medigap policy to join Medicare Advantage for the first time and have been in the plan less than one year. | First ask for the old Medigap policy back if the same company still sells it. If not, a limited replacement right may apply. | Use the same first-year clock and the Medigap application window. |
| Plan ended or moved | Your Medicare Advantage plan is leaving Medicare, stops serving your area, or you moved out of the service area. | Often a narrower set of Medigap plans than trial right #1. | The notice date and coverage end date are key. |
| Major network change | Your plan has a significant network change and you return to Original Medicare instead of another Medicare Advantage plan. | Protected rights may apply, but proof matters. | Save the written notice and ask SHIP to review it. |
| Misled or rules broken | You left or dropped coverage because a plan, company, or authorized person misled you or failed to follow rules. | A limited guaranteed-issue right may apply. | Act fast and keep a call log. |
Medicare’s page on Medigap details says a person who dropped Medigap to join Medicare Advantage for the first time gets a single 12-month trial period to try to get that policy back if the same company still sells it.
If you are unsure which row fits, do not guess. Call SHIP before submitting a Medigap application. A wrong application can waste time.
Leaving Medicare Advantage is not the same as buying Medigap
This is the biggest trap. Medicare gives people times to change health or drug plans. Those times do not always force a Medigap company to accept you.
| Window | When it runs | What it can do | Does it guarantee Medigap? |
|---|---|---|---|
| Fall Open Enrollment | October 15 to December 7 | Lets many people change Medicare Advantage and Part D coverage for January 1. | No. A separate Medigap right must apply. |
| Medicare Advantage Open Enrollment | January 1 to March 31 | Lets someone already in Medicare Advantage switch plans or return to Original Medicare. | No. It is not an automatic Medigap right. |
| Special Enrollment Period | Depends on the event | Can help after a move, loss of coverage, plan change, Medicaid, Extra Help, or other special facts. | Sometimes. Ask if Medigap rights also attach. |
| Trial right | Usually during the first 12 months | Can allow a return to Original Medicare with protected Medigap buying rights. | Yes, if the facts fit. Proof and timing still matter. |
Medicare’s Open Enrollment rules set the October 15 to December 7 period. Medicare also says the MA enrollment rules include a January 1 to March 31 period for people already in Medicare Advantage.
If the switch involves a denial of care, a rushed discharge, or a plan refusing services, read GFS’s Medicare Advantage appeals guide before changing plans. Sometimes the first problem is an appeal, not a plan change.
How to switch without gaps
Use this order when possible. It reduces the chance of having Original Medicare but no Medigap approval.
- Confirm the right: Ask SHIP or Medicare which trial right or guaranteed-issue right fits.
- Ask for proof: Get the plan end date, notice, or reason in writing.
- Call Medigap companies: Ask what policy you can buy, what documents they need, and what effective date to request.
- Apply before the old plan ends: In many protected cases, you can apply during the 60 days before the end date.
- Set the Medigap start date correctly: Medigap generally should not start before the Medicare Advantage plan ends.
- Enroll in Part D if needed: Do this at the same time if your old plan included drug coverage.
- Check the first month: Watch for the Medigap card, premium bill, Part D welcome letter, pharmacy problems, and provider claim errors.
Medicare says after a normal Medigap open enrollment period ends, insurers do not have to sell a policy unless a protection applies, and you may need proof of your situation. The page on buying Medigap explains why proof matters.
If premium bills are part of the problem, use the GFS guide on Medicare premium bills to check whether a missed payment could cause another coverage issue.
Part D drug coverage must be handled too
Many Medicare Advantage plans include prescription drug coverage. When you leave that kind of plan for Original Medicare, you often need a stand-alone Medicare Part D drug plan. Medigap policies sold today do not replace Part D drug coverage.
Medicare says creditable drug coverage matters because a person may owe a late enrollment penalty after 63 or more days without Medicare drug coverage or other creditable prescription drug coverage. Medicare’s late penalty rules say the Part D penalty is usually 1% for each uncovered month.
Use Plan Compare before the switch to check your drugs, pharmacy, and plan premiums.
People with limited income should also check prescription help. GFS has a guide to prescription cost help and a separate Extra Help guide for low-income Medicare drug costs.
State rules and local help can change the answer
Federal rules are the floor, not always the full answer. Medicare tells people to check the state insurance office because states may give more Medigap rights than federal law gives.
This matters most for four groups:
- People under 65: Medicare says federal law generally does not require companies to sell Medigap to people under 65 with Medicare due to disability or End-Stage Renal Disease (ESRD), though some states do.
- People in states with broader rights: Some states offer more chances to buy or switch Medigap without medical underwriting.
- People moving: Moving can change Medicare Advantage, Medicare SELECT, Part D, and local Medigap options.
- People in Massachusetts, Minnesota, or Wisconsin: These states use different Medigap plan designs than most states.
A KFF state Medigap review explains why Medigap can be hard to get after the first-year trial period and other limited protections are gone. Minnesota is also adding a broader annual Medicare Supplement open enrollment period, and the state says the Minnesota update is slated to begin in August 2026 after a delay.
For local counseling, start with SHIP. You can also use your state or local aging network. GFS has an Area Agencies guide example for California, and similar current Area Agencies on Aging pages exist for many states.
Document checklist
- Medicare card
- Current Medicare Advantage card
- Medicare Advantage welcome letter with the effective date
- Any plan termination, nonrenewal, service-area, or network-change notice
- Proof of the old Medigap policy, if there was one
- Old Medigap premium bills or cancellation letter
- Disenrollment confirmation from Medicare Advantage
- Part D enrollment confirmation, if needed
- Medigap application copy
- Claim denials, pharmacy rejections, emails, and envelopes
- Written call log with date, time, name, phone number, and reference number
Phone scripts that save time
Use these scripts word for word if you are tired or worried. Ask for a reference number.
| Who to call | What to say | What to write down |
|---|---|---|
| SHIP | “I am trying to leave Medicare Advantage and buy Medigap. Can you help me confirm whether I have trial right #1, trial right #2, or another guaranteed-issue right?” | Counselor name, the right they think applies, and the deadline. |
| 1-800-MEDICARE | “Please confirm my Medicare Advantage effective date, my possible disenrollment date, and whether there is a Special Enrollment Period tied to this change.” | Effective date, end date, and reference number. |
| Former Medigap insurer | “I dropped my Medigap policy to try Medicare Advantage for the first time. I am within 12 months. Can I get my old policy back?” | Policy name, plan letter, proof needed, and start date. |
| State insurance office | “A Medigap company denied my application, but I believe I have guaranteed-issue rights. How do I file a complaint or request review?” | Complaint steps, document list, and case number. |
Reality checks
- The trial right is short: It is usually a first-year safety net, not a permanent right.
- Approval is not automatic: The insurer may need proof before treating the application as guaranteed issue.
- Open Enrollment can mislead people: It may let you leave Medicare Advantage, but it does not always protect Medigap access.
- Provider access can change: Original Medicare is different from a Medicare Advantage network. Check doctors, hospitals, and drug coverage before switching.
- Costs can shift: Medigap has a premium, and Part D may add another premium. But Original Medicare without extra protection can expose a person to large bills.
- Low-income help may be better: Some people with Medicaid or Medicare Savings Programs may not need Medigap or may not be able to buy it in the same way.
If Medicaid may apply, read GFS’s Medicaid for seniors guide before buying a policy.
Common mistakes to avoid
- Counting from the wrong date: Use the plan effective date, not the day an agent called.
- Dropping the plan first: Apply for Medigap early when the rules allow it.
- Forgetting Part D: Medigap is not drug coverage.
- Throwing away notices: Notices can prove protected rights.
- Assuming all states match: State Medigap rules vary.
- Trusting verbal promises: Get dates and rights in writing.
- Ignoring income help: If money is tight, check FPL benefits checklist options before deciding.
What to do if denied, delayed, or overwhelmed
If the Medigap insurer says no
Ask for the denial reason in writing. Then ask whether the application was reviewed as a guaranteed-issue case. Send copies of your notice, old policy proof, disenrollment confirmation, and call log. If the answer still seems wrong, contact SHIP and your State Insurance Department.
If Medicare dates look wrong
Call the plan and 1-800-MEDICARE the same day. Ask for the Medicare Advantage start date, end date, and the date Original Medicare will be active. If the issue blocks care, use Medicare’s Medicare rights help page to find the right complaint path.
If care is ending during the switch
Do not wait for the plan change if home health, skilled nursing, hospital, or rehab care is ending. GFS’s Medicare appeal guide explains fast appeals when care is being stopped.
If the family is behind
Make a one-page timeline. Put the oldest date at the top. Add plan start date, notice date, application date, denial date, and phone calls. SHIP can often help rebuild a file, but they need the best timeline you can give them.
Best options by need
If the goal is broad doctor choice
Ask whether trial right #1 fits. It is often the broadest federal path back to Medigap because it can allow any Medigap policy sold in the state. Compare premiums before leaving Medicare Advantage.
If the goal is getting the old supplement back
Use trial right #2. Call the former Medigap company first. Ask if the same policy is still sold and what proof is required.
If the plan is changing around you
Focus on the notice. A plan ending, service-area change, or major network change can matter more than the yearly calendar.
If the federal window is gone
Check state law. Some states give extra chances. If no protected right applies, many people wait to drop Medicare Advantage until a Medigap application is approved.
FAQ
What is the Medigap trial right?
The Medigap trial right is a limited federal protection for certain people who tried Medicare Advantage and want to return to Original Medicare with protected access to Medigap.
How long does the trial right last?
It usually lasts for the first 12 months after joining Medicare Advantage for the first time. The exact answer depends on which trial right applies and the plan effective date.
Does fall Open Enrollment guarantee Medigap?
No. Fall Open Enrollment may let a person leave Medicare Advantage, but it does not automatically create Medigap guaranteed-issue rights.
Can I buy Medigap before my Medicare Advantage plan ends?
In many protected cases, you can apply before the old plan ends. The Medigap effective date usually should begin after the Medicare Advantage plan ends.
What if I dropped Medigap to try Medicare Advantage?
If this was your first time joining Medicare Advantage and you are still within 12 months, you may be able to get your old Medigap policy back if the same company still sells it.
Do I need Part D after leaving Medicare Advantage?
Usually yes, if your Medicare Advantage plan included drug coverage and you do not have other creditable drug coverage. A gap of 63 days or more can cause a penalty.
What if I am under 65 and on Medicare because of disability?
Check your state rules. Federal law often does not require companies to sell Medigap before age 65, but some states provide more rights.
Who can help me check the dates?
SHIP can provide free local Medicare counseling. You can also call 1-800-MEDICARE.
Resumen en español
Lo más importante: el “trial right” de Medigap es una protección federal de tiempo limitado para algunas personas que probaron Medicare Advantage y quieren volver a Medicare Original con Medigap. Salir de Medicare Advantage no significa siempre que una compañía de Medigap tenga que aceptar la solicitud.
Revise primero la fecha en que empezó el plan Medicare Advantage. Si existe un derecho protegido, muchas veces conviene solicitar Medigap desde 60 días antes de que termine el plan hasta no más de 63 días después. También revise un plan de medicamentos Parte D si su Medicare Advantage incluía medicinas.
Si la compañía dice que no, pida la razón por escrito. Guarde cartas, sobres, avisos y números de referencia. Llame a SHIP, a 1-800-MEDICARE, o al departamento de seguros de su estado para revisar sus derechos.
About This Guide
This guide uses official federal, state, local, and other high-trust nonprofit and community sources mentioned in the article.
Editorial note: This guide is produced based on our Editorial Standards using official and other high-trust sources, regularly updated and monitored, but not affiliated with any government agency and not a substitute for official agency guidance. Individual eligibility outcomes cannot be guaranteed.
Verification: Last verified 27 May 2026, next review 27 August 2026.
Corrections: Please note that despite our careful verification process, errors may still occur. Email info@grantsforseniors.org with corrections and we will respond within 72 hours.
Disclaimer: This article is for informational purposes only and is not legal, financial, medical, tax, disability-rights, immigration, or government-agency advice. Program rules, policies, and availability can change. Readers should confirm current details directly with the official program before acting.
Last updated: 27 May 2026
Next review: 27 August 2026
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