What states have the Medigap "birthday rule" and what is it?
Answered by 13 licensed agents
As of July 2025, there will be ten states that will have a "birthday rule" where existing owners of Medigap plans can change plans or change Medigap companies without underwriting. The ten states with the "birthday rule" are, California, Idaho, Illinois, Maryland, Oregon, Nevada, Louisiana, Kentucky, Utah, and Virginia.
Every single State uses the birthday rule. That means that there is a 7-month window when you are about to turn age 65, when you can enroll with Medicare. First of all, you are eligible on the first day of your birthday month. Ergo, if your birthday is June 29th, then June 1st is your date of eligibility. So, the window is: 3-months before your birthday month, your actual birthday month and then three-months after your birthday month for a grand total of seven months!
The "birthday rule" allows Medicare beneficiaries who are covered by a Medicare Supplement (Medigap) plan to switch their Medigap policy to another of equal or lesser benefits during a designated period around their birthday, without having to answer health questions on the application.
The rule provides a guaranteed issue right for Medigap plan changes within a specific timeframe and is beneficial to beneficiaries who are usually unable to get through underwriting because of health issues.
As of right now, the following states have implemented this rule:
* California
* Idaho
* Illinois
* Kentucky
* Louisiana
* Maryland
* Nevada
* Oklahoma
* Oregon
Indiana will be implementing this rule in January 2026.
There are 8 states currently that have the Medigap Birthday rule. The Medigap Birthday Rule allows you to move from one supplement plan to the next without underwriting. Each state has a unique set of rules and time frame. Look at the state's specific rules for exact time frame. Oregon, Idaho, Illinois, Oklahoma, California, Nevada, Maryland, Louisiana.
CA, ID, IL, LA, MD, OR, OK and NV all have a Medicare birthday rule. Rules vary by state (for example IL it is only available for ages 65 to 75) but the general idea is that around your birthday, you can switch your Medicare supplement plan to one of equal or less value without going through underwriting and worrying about pre-existing conditions.
As of 2025 there are 9 states that have some form of the Medigap Birthday Rule. The states are California, idaho, Illinois, Kentucky, Louisiana, Maryland, Nevada, Oklahoma, and Oregon. Each state has differences in the amount of time around your birthday, to apply with a different company. While most allow you to move to the same or a lower coverage, and change companies, other states allow only like coverage to like coverage with a different company. All of these scenarios come with no medical underwriting.
The best advice is before your birthday, speak with a licensed Medicare insurance specialist to see what your options are in your specific state.
The Medigap "birthday rule" is a policy that allows individuals in specific states to change their Medicare Supplement (Medigap) plan without medical underwriting during a designated period around their birthday. Currently, nine states have a version of this rule: California, Idaho, Illinois, Kentucky, Louisiana, Maryland, Nevada, Oklahoma, and Oregon.
Here's a more detailed explanation:
Purpose:
The birthday rule aims to provide flexibility for Medigap policyholders to switch to a different plan without facing potential medical underwriting issues, such as higher premiums or denial of coverage due to health conditions.
Timeline:
The rule allows a specific window of time around the policyholder's birthday to make the switch.
How it works:
During the birthday window, individuals can switch to a different Medigap plan, as long as it's of equal or lesser benefits than their current plan.
State Variations:
While the concept is similar across these nine states, the specific rules (e.g., the length of the birthday window, the types of switches allowed) can vary.
The 9 states with the "birthday rule" are: California, Idaho, Illinois, Kentucky, Louisiana, Maryland, Nevada, Oklahoma, and Oregon. This allows Medigap policy holders to switch to another plan with equal or lesser benefits within a specific timeframe around their birthday (30-63 days) without needing medical underwriting.
The Medigap "birthday rule" allows people in certain states to change their Medigap plan around their birthday each year without medical underwriting. States like California, Oregon, Idaho, Illinois, and Nevada have versions of this rule, making it easier for Medicare beneficiaries to switch to a plan with equal or lesser benefits.
California, Idaho, Illinois, Michigan, Nevada, Oregon and Washington have the birthday rule and the birthday rule means that within 30 days of your birthday, if you are on a Medigap plan, you can switch a plan to the same or lesser coverage with No underwriting—meaning they can’t deny you coverage based on health issues.
The Medigap Birthday Rule is a regulation in certain U.S. states that allows Medicare beneficiaries to switch their Medigap (Medicare Supplement) insurance plans without medical underwriting around their birthday. This gives people a chance each year to change plans without worrying about being denied or charged more due to health conditions.
States with a Medigap Birthday Rule (as of 2025):
California
Oregon
Idaho
Illinois (similar rule, but not called the Birthday Rule)