Two rights that can apply
| Florida 2-month right | Federal 63-day right | |
|---|---|---|
| Law | Fla. Stat. 627.6741(1)(a)2 | Rule 69O-156.0095 (federal standard) |
| Trigger | Coverage under a group health insurance policy ends | Employer or union coverage that pays after Medicare ends (including retiree and COBRA) |
| Who | In Part B, living in Florida; 65+ or under 65 with a disability or ESRD | Has Original Medicare |
| Plans | A Medicare supplement policy (no plan-letter limit in the statute) | Plan A, B, D or G (C or F if eligible before 2020) |
| Deadline | 2 months after the group coverage ends | 63 days after the latest of: coverage end, the notice date, or a claim denial |
Florida's right is one few states have. It doesn't require that the group plan paid after Medicare, and it isn't limited to certain plan letters. Fla. Stat. 627.6741(1) also bars a pre-existing-condition exclusion for people buying under it who had at least 6 months of continuous creditable coverage.
First, check whether your open enrollment is still ahead
Many Floridians keep working past 65 and delay Part B while they have coverage from a current employer with 20 or more employees. If that's you, your 6-month Medigap open enrollment hasn't started; it begins the month your Part B starts. That window is the broadest: any policy a company offers in Florida, with no health questions. Sign up for Part B within 8 months after the job or coverage ends to avoid a late penalty. See working past 65.
What to do when your coverage is ending
- Get the end date in writing. Keep the employer's notice, a COBRA letter or a claim denial, and the postmarked envelope.
- Confirm Part B. Both rights need Part B; enroll through Social Security if you haven't.
- Apply right away. Florida's window is 2 months; the federal one is 63 days. Don't wait for the last week.
- Add drug coverage. Medigap doesn't cover prescriptions; join a Part D plan within 63 days of losing creditable drug coverage to avoid a penalty.
Florida state retirees have different options; see Florida state retirees and Medicare. To compare Medigap policies from the companies they work with, you can request a call from a licensed insurance agent.
Related questions
When can I buy a Medicare Supplement plan in Florida?
Every window, in one place.
Does Florida have a Medigap birthday rule?
No, and what that means.
Medigap with pre-existing conditions
Waiting periods and credits.
Sources
- Florida Legislature — Fla. Stat. 627.6741, Issuance, cancellation, nonrenewal, and replacement
- Florida Administrative Code — Chapter 69O-156, Medicare Supplement (rule .0095, guaranteed issue)
- CMS — Choosing a Medigap Policy (March 2026), guaranteed issue rights
- Medicare.gov — Who pays first
- Medicare.gov — When does Medicare coverage start?
- Florida Department of Financial Services — Division of Consumer Services
More questions in this guide
- Can I get Medigap under 65 in Florida?
- Can I switch Medigap plans in Florida?
- Does Florida have a Medigap birthday rule?
- 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
Frequently asked questions
Does the Florida 2-month window apply to retiree coverage and COBRA?
The statute covers the end of coverage under a group health insurance policy. The federal right expressly includes retiree, COBRA and union coverage that pays after Medicare. If you're unsure which applies, ask the Medigap company before your window closes, or contact Florida's Department of Financial Services.
Which Medigap plans can I buy in the 2-month window?
Florida's statute says a Medicare supplement policy and doesn't limit it to certain plan letters, unlike the federal 63-day right, which covers Plans A, B, D and G (C and F if you were eligible for Medicare before 2020).
I'm 66, still working, and haven't signed up for Part B. What applies to me?
Your Medigap open enrollment hasn't started yet. It begins the first month you have Part B, and for 6 months any company must sell you any policy it offers in Florida without health questions.
Medicare in your Florida county
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