Open Enrollment

The CMS handbook for Medigap, "2008 Guide to Health Insurance . . ." lays down the Federal "ground rules" for Medigap.  Basically, their open enrollment rules state that the best time to buy a Medigap policy is during your open enrollment period, which lasts for six months beginning the first day of the month in which you are both 65 or over and enrolled in Medicare Part B. The open enrollment period is the best time to buy because you are guaranteed the policy at the published premium. If you buy the policy after the six months, the insurance company can deny you insurance coverage, place conditions on a policy or change the price of a policy because of past or present health problems.

However, the above are Federal penalties and restrictions, and the individual states do not necessarily have to go along with them.  For example, New York State has continuous, indefinite open enrollment throughout the year, and insurers may not deny the applicant a Medigap policy for medical reasons.  You simply have to be enrolled in both Part A and Part B of Medicare. Therefore, in New York State open enrollment also applies to under- 65 Medicare beneficiaries who have qualified for Medicare eligibility on account of disability or end-stage renal disease. Consequently, these beneficiaries can purchase Medigap insurance. Further, in New York State you are protected by "community rating."  The premium set for a Medigap policy by an insurance company is required to be the same without regard to age, gender or health conditions.

And yet the handbook, "2008 Guide to Health Insurance . . .” states the possibilities of premiums based on age, gender, marriage (special rates for couples) and special rates for non-smokers in some states. So the "story" on Medigap is in two parts. One part is described in the CMS handbook in terms of the Federal standards, requirements and consumer protection governing Medigap policies; the second emanates from your state regulatory agency, which establishes the "operating" rules. These may include greater consumer protection and, in general, be more beneficial to the individual seeking Medigap insurance. So you must check with your State Insurance Department for the applicable state regulations.  The New York State insurance information line is 1-800-342-3736.

Updated: May 20, 2008

 

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