Does Florida have a Medigap birthday rule?

What Florida law says

Some states require Medigap companies to let current policyholders switch each year, often in a window around their birthday or policy anniversary, without health questions. Florida does not. Its Medigap law, Part VIII of Chapter 627 (ss. 627.671–627.675), and the Office of Insurance Regulation's rule, Chapter 69O-156, set standards for policies, pricing and marketing, but give no yearly switching right. Rule 69O-156.009, "Open Enrollment," contains only the 6-month window that starts at 65 with Part B.

In Florida, a company must accept you regardless of your health only in these cases:

• Medigap open enrollment: the 6 months starting the first month you are both 65 or older and enrolled in Part B. It happens once.
• The under-65 window: if you have Medicare because of a disability or end-stage renal disease (ESRD), the 6 months starting when you have Part B (s. 627.6741(1)(a)1).
• Florida's group-coverage window: the 2 months after group health coverage ends, if you're in Part B (s. 627.6741(1)(a)2). Few states have this.
• Federal guaranteed issue: specific events, such as your Medicare Advantage plan leaving your area or employer coverage that pays after Medicare ending (rule 69O-156.0095).

What this means for you

1. Choose carefully at 65. Your open enrollment is the one time any company must sell you any policy it offers, at a price not based on your health.
2. Look at pricing, not just today's premium. Without a birthday rule you may keep one policy for years. Florida bans attained-age pricing (s. 627.410(6)(d)3), but rates can still rise for a whole group of policyholders with the Office of Insurance Regulation's approval.
3. Know your guaranteed-issue rights. If your Medicare Advantage plan is ending for 2027, you can buy Medigap with no health questions for 63 days after it ends. See Florida plans ending in 2027.
4. If you want to switch later, apply before you cancel. Keep your current policy until a new company approves you. You have 30 days after you receive a new policy to return it for a full refund (s. 627.674(4)(d)).

To compare Medigap policies from the companies they work with, you can request a call from a licensed insurance agent. More in our guide to Medigap in Florida.

Related questions

Sources

• Florida Legislature — Fla. Stat. 627.6741, Issuance, cancellation, nonrenewal, and replacement
• Florida Legislature — Fla. Stat. 627.674, Minimum standards; filing requirements
• Florida Legislature — Fla. Stat. 627.410, Filing, approval of forms
• Florida Administrative Code — Chapter 69O-156, Medicare Supplement (rules .009 and .0095)
• CMS — Choosing a Medigap Policy (March 2026)

More questions in this guide

• Can I get Medigap under 65 in Florida?
• Can I switch Medigap plans in Florida?
• Can I buy Medigap without health questions after my employer coverage ends in Florida?
• Can I get a Medicare Supplement with pre-existing conditions in Florida?
• What happens to my Medigap if I move to Florida?
• When can I buy a Medicare Supplement plan in Florida?

Part of the guide: Medigap (Medicare Supplement) in Florida · All questions

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