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Senior Resources » Elder Law » Everything You Need to Know About Medicare Guaranteed Issue Rights

Everything You Need to Know About Medicare Guaranteed Issue Rights

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Toni,

I’m retiring in January when I turn 65 and will need to enroll in Medicare. My husband, Sam, is 70. He enrolled in Medicare Parts A and B when he turned 65 but remained on my company benefits because of health issues. Most recently, he recently began to take medication for blood clots. His cardiologist’s office manager expressed concern over my husband’s insurance changes since next year he may have to undergo some serious procedures. Please explain how we can enroll in a Medicare Supplement plan.

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Shelia, Omaha, NE


Sheila,

When you enroll in Medicare Part B the wrong way (or too soon), you may not qualify medically for the Medicare Supplement you desire. This may be Sam’s situation. Enrolling in Medicare Part B the correct way when you or your spouse is working full-time (and you still have company benefits) is so important.

Normally, because your husband enrolled in Medicare Part B when he turned 65 (over 5 years ago), he would have to answer underwriting questions to qualify for a supplemental plan.

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However, Medicare has special rules for employees or their spouses who are covered by an employer’s group health insurance.

medication in a shopping cart next to money - what are guaranteed issue rights?

Guaranteed Issue Rights

Medicare Supplement plans do not have annual enrollment periods – so when you apply is important. Since he is leaving your company benefits, your husband qualifies for the 63-day Guaranteed Issue Right to apply for a Medicare Supplement plan without underwriting. He will need your company benefits plan termination letter to qualify.

If you qualify under Guaranteed Issue Rights, an insurance company must:

  • Sell you a Medicare Supplement policy.

You have the right to buy Medigap/Medicare Supplement plans A, B, C, F, K, or L that is sold in your state by any insurance company.

  • Cover all your pre-existing health conditions.
  • Cannot charge more for a Medicare Supplement policy, regardless of past or present health problems.

Shelia, I have great news for you! You are turning 65 in January which means you’ll have a less-stressfull enrollment than Sam because you are in your Medicare Supplement Open Enrollment Period. In the Medicare & You Handbook, it states, “the best time to purchase a Medicare Supplement/Medigap policy is during your Medigap Open Enrollment Period. This 6-month period begins on the first day of the month in which you are 65 or older and enrolled in Medicare Part B.”

Chapter 3 of the Medicare Survival Guide Advanced Edition explains Medicare Supplements in-depth and what the rules are for enrolling properly. Many Americans don’t realize that enrolling in Medicare Part B is as valuable as gold and should be treated carefully. Take your time and explore your Medicare plan options. And, remember to discuss your Medicare needs with your medical providers while doing so.

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• Still Working Past 65
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• Losing Retirement Benefits

How to Avoid
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• Part B Penalties
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Originally published December 06, 2022

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