Federal law gives people who switch from Medigap to Medicare Advantage a single, protected 12-month window to change their minds and come back — no medical underwriting, no health questions asked. This protection is called the Medigap trial right, and it’s one of the most underused guaranteed-issue rights in Medicare. Most people only learn it exists after they’ve already let it expire.
What Is the Medigap Trial Right?
The trial right is a federal guaranteed-issue protection that lets you return to a Medigap plan without going through medical underwriting after trying Medicare Advantage. Normally, switching to Medigap outside of your initial open enrollment period means you can be denied coverage or charged higher premiums based on your health history. The trial right is the exception: if you qualify, insurance companies are required by law to sell you a Medigap policy at standard rates regardless of your health.
It exists because switching to Medicare Advantage can be a big change from people who are used to the flexibility of Medigap. The trial right is the safety net — a single chance to reverse course if MA doesn’t work out.
Who Qualifies for the Medigap Trial Right?
There are two distinct situations that trigger the trial right. They look similar but have some important differences in what plans you can get.
Scenario 1: You Had Medigap First, Then Switched to Medicare Advantage
If you were enrolled in a Medigap policy and then dropped it to join a Medicare Advantage plan for the first time, you have a 12-month trial period to return to Original Medicare and re-enroll in Medigap. During that window, you have the right to buy back your exact same Medigap plan from the same insurance company — if that company still sells it. If it isn’t available, you have guaranteed-issue rights to purchase certain other Medigap plans. (See “Which Plans Are Available” below.)
The key phrase is “for the first time.” This protection is designed for people making a genuine first test of Medicare Advantage. It’s not a revolving door between the two programs.
Scenario 2: You Joined Medicare Advantage at 65, Before Ever Having Medigap
If Medicare Advantage was your first coverage choice when you became eligible at 65 — meaning you never had Medigap — you also have a 12-month window. If you decide to switch back to Original Medicare within that first year, you have guaranteed-issue rights to buy certain Medigap plans, even if you’ve never had a Medigap policy before.
This protects people who chose MA at 65 on the assumption they’d be happy with it and later realized the network restrictions or prior authorization requirements weren’t what they expected.
Which Medigap Plans Are Available Under the Trial Right?
As stated, Scenario 1 people must go back to the same previous plan with their previous insurance provider (if available).
For those that fall under Scenario 2, what you can purchase depends on when you first became eligible for Medicare.
If you became eligible for Medicare on or after January 1, 2020, your guaranteed-issue options are Plans A, B, D, G, K, and L. Plan G is the most comprehensive plan available to you and the one most Senior65 clients in this situation consider. Plans C and F are no longer available to people who became Medicare-eligible on or after that date.
If you became eligible for Medicare before January 1, 2020, your guaranteed-issue options also include Plans C and F.
💡 Tip: You are always able to get Medigap by applying through underwriting. The trial right covers the minimum you’re entitled to — it doesn’t prevent you from applying for other plans or outside your 12 month window …but you will most likely be subject to underwriting. Check our Medigap underwriting guide to understand how that process works.
How Long Do You Have to Act?
The 12-month clock starts from the date your Medicare Advantage coverage began — not the date you decide you want to leave. When you disenroll from Medicare Advantage and return to Original Medicare, you generally have 63 days from the date your MA coverage ends to submit your Medigap application and have it accepted under the trial right protection.
Missing that 63-day application window means losing the guaranteed-issue protection — even if you’re still technically within your 12-month trial period. The practical advice: if you decide MA isn’t working, don’t wait to start the paperwork.
Can You Use the Trial Right More Than Once?
No. Federal law gives you a single trial right period. This is one of several reasons switching from Medigap to Medicare Advantage deserves careful thought before you make the move. If you return to Medigap using the trial right and later switch back to MA a second time, there is no second trial right.
What If Your Original Medigap Plan or Company Isn’t Available?
Insurance companies do exit markets, and plans do get discontinued. If you return to Original Medicare and your original Medigap company no longer sells the plan you had, you fall back on the guaranteed-issue list described above. You won’t necessarily get your original plan back, but you’ll have guaranteed access to at least some Medigap coverage.
State law can also expand your options here. Some states have broader guaranteed-issue protections than federal law. Learn about all your Medicare switching rights here.
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Making the Most of Your Trial Right
If you’re currently in Medicare Advantage and the coverage isn’t working the way you hoped, the question to ask yourself now is whether you’re still inside your 12-month window. Many people assume they have more time than they do.
Senior65 works with people in exactly this situation every day. We can help you figure out where you stand, which Medigap plans you qualify for under your trial right, and what the options look like in your state. Our help is free — we receive commissions directly from insurance companies, not by you. Our prices are the guaranteed lowest allowed by law. Call 800-930-7956 to speak with our team, or get a Medigap quote online to compare plans right now.