When your health can't be held against you
In these windows a Florida Medigap company must offer you a policy without conditioning it on your health or charging more because of it:
- Open enrollment: 6 months from the first month you are 65 and in Part B (Fla. Stat. 627.6741(1)(a)1).
- Under 65: 6 months from the first month you have Medicare because of a disability or end-stage renal disease and Part B (same section).
- After group coverage ends: 2 months, if you're in Part B and live in Florida (s. 627.6741(1)(a)2).
- Federal guaranteed issue: for example, your Medicare Advantage plan ends or leaves your area (rule 69O-156.0095). In these cases the company also can't impose a waiting period.
Outside these windows, the company can use medical underwriting: it may ask health questions, place you in a higher rate class or turn you down.
Waiting periods and how to avoid them
Even in open enrollment, a policy may make you wait to cover a pre-existing condition. Florida limits this:
- The wait can't exceed 6 months (s. 627.6741(2)(b)).
- Only conditions treated, or for which a doctor gave advice, in the 6 months before coverage starts can count.
- With at least 6 months of continuous creditable coverage (such as employer coverage or Medicare itself) before you apply, there's no exclusion in Florida's open enrollment and group-coverage windows (s. 627.6741(1); rule 69O-156.009). Federal guidance treats a break of more than 63 days as ending creditable coverage.
- If you're replacing another policy or creditable coverage, the new company must credit that time (s. 627.6741(2)(c)).
If your Medicare Advantage plan is ending
Some Medicare Advantage plans are ending in Florida for 2027, affecting at least 302,773 people in regular plans. If yours sent a non-renewal letter and you return to Original Medicare, you have a guaranteed right to Medigap Plan A, B, D or G for 63 days after the plan ends, with no health questions and no waiting period. See My Medicare Advantage plan is ending in 2027.
What to do
- Find your window. Check whether any of the windows above applies now.
- Gather proof. Keep letters showing when other coverage ended, plus proof of prior coverage.
- Apply truthfully. Misstatements can lead to cancellation (s. 627.6741(2)(a)).
- Once issued, it stays. Florida policies are guaranteed renewable: no cancellation because your health changes.
If Medigap underwriting is a barrier, Medicare Advantage plans can't turn you down because of your health when you join during an enrollment period; compare on Medigap vs. Medicare Advantage in Florida. You can also 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.
Can I get Medigap under 65 in Florida?
Disability and ESRD.
Can I switch Medigap plans in Florida?
Switching and credit for time served.
Sources
- Florida Legislature — Fla. Stat. 627.6741, Issuance, cancellation, nonrenewal, and replacement
- Florida Administrative Code — Chapter 69O-156, Medicare Supplement (rules .009, .0095 and .020)
- CMS — Choosing a Medigap Policy (March 2026), pre-existing conditions and creditable coverage
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 buy Medigap without health questions after my employer coverage ends 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
What counts as a pre-existing condition for Medigap in Florida?
Florida law lets a policy count only a condition for which a physician gave medical advice or recommended or provided treatment within the 6 months before coverage starts (Fla. Stat. 627.6741(2)(b)).
Will Medicare still cover my condition during a waiting period?
Yes. Original Medicare still pays its share for Medicare-covered services. During a Medigap waiting period you pay the deductibles and coinsurance the policy would otherwise cover for that condition.
Can a Medigap company use genetic test results?
Florida's rule 69O-156.020 prohibits Medigap companies from using genetic information and from requesting genetic testing.
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