Medicare Supplement (Medigap) Eligibility

​​​​​​​​Medicare Supplement Policies or Medigap Policies and Medicare SELECT Policies can be purchased at any time by an individual who is enrolled in Original Medicare. Insurers cannot sell a Medicare Sup​plement policy to any beneficiary enrolled in a Medicare Advantage plan. However, insurer's can deny policies, require health underwriting, and give non preferred premium rates if a beneficiary is not current in their open enrollment period or does not qualify for a guaranteed​ issue period. To avoid health ​underwriting and ensure the ability to purchase a policy a beneficiary must purchase a Medicare Supplement Policy during either their Open Enrollment period or a Guaranteed Issue period.
 


Open Enrollment

Insurance companies that offer Medicare Supplement policies in Wisconsin are required to sell their Medicare supplement and Medicare select policies to beneficiaries regardless of age or disability, during the six month window beginning with the date an individual begins Medicare Part B. During this six-month open-enrollment period, insurance companies may not deny or condition the issuance of a policy on health status, claims experience, receipt of health care, or medical condition.  

If a policy is purchased outside of a beneficiaries open enrollment, insurers can uphold a waiting period before preexisting health conditions are covered unless the beneficiary had prior "creditable coverage." In addition, if an individual is under age 65 and in Medicare due to disability or end stage renal disease, the beneficiary will be entitled to a second six-month open-enrollment period upon reaching age 65. 



Guaranteed Issue

In addition to the open-enrollment period, a beneficiary has the right to purchase a Medicare supplement or Medicare select policy regardless of their health status if prior group health, Medicare Advantage, Medicare Supplement, or Medicaid coverage terminates.  

The insurance company must quote a Medicare Supplement policy with out medical underwriting if: 

  • The Medicare Advantage or Medicare cost plan stops participating in Medicare or providing care in the beneficiary's service area; 

  • The beneficiary moves outside a plan's geographic service area; 

  • The beneficiary leaves the health plan because it failed to meet its contract obligations; 

  • The employer group health plan ends some or all of their healthcare coverage (not of the beneficiary’s own choice); 

  • The Medicare supplement insurance company ends the Medigap or Medicare select policy and the beneficiary is not at fault (for example, the company goes bankrupt); 

  • The beneficiary drops their Medigap policy to join a Medicare Advantage plan, a Medicare Cost plan, or Medicare select policy for the first time, and then the beneficiary leaves the plan or policy within the first 12 months after joining. However, they may only return to the policy under which originally covered, if available; or will get Guarantee Issue to purchase any Medicare supplemental policy; 

  • The beneficiary enrolls into a Medicare Advantage plan when starting Medicare at age 65 and within 12 months they decide to disenroll from that plan;

  • The beneficiary has Medicare Parts A and B and are covered under Medical Assistance and subsequently loses eligibility for Medical Assistance;

  • The beneficiary's group plan increases its (premium) cost from one 12-month period to the next (12 month period) by more than 25% and the new payment for the employer-sponsored coverage is greater than the premium charged under the Medicare Supplement plan the individual is applying for;


  •  The beneficiary lost Medicaid eligiblity. ​

 

If the beneficiary meets one of the above conditions and they apply for their new Medigap policy within 63 calendar days after the prior health plan or policy ends, the Medigap insurance company: 

  • Cannot deny insurance coverage or place conditions on the policy (such as a waiting  period), 

  • Must cover all preexisting conditions, and

  • ​Cannot charge more for a policy because of past or present health problems. 

The insurance company terminating coverage must provide notification that explains individual rights to guaranteed issue of Medigap policies. A copy of this notice (creditable coverage) or other evidence of termination will need to be submitted with the application for the new policy. 



Creditable Coverage

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires that all health insurance issuers, group health plans and / or employer plans issue a HIPAA certificate of creditable coverage when health coverage ends. If certain conditions are met, this certificate will entitle the beneficiary to a reduction or total elimination of a preexisting condition waiting period under subsequent health benefits coverage obtained. This means the waiting period of benefits under a Medicare Supplement policy will also be waived or reduced based on the prior "creditable coverage." 

Examples of Creditable Coverage:  


  • ​​​​Group Health Plan 

  • Individual Health Insurance 

  • Part A or Part B of Medicare 

  • Medicaid 

  • Tricare / ChampVA

  • Indian Health Service 

  • Federal Employee Health Benefit  

  • Public Health Plans 

  • Peace Corps ​


Resources

​​​​​​​​​​​​​OCI Guide to Health Insurance for People with Medicare in Wisconsin