Goodsurance

Enrollment & timing

West Virginia Adds a Medigap Birthday Rule, Giving Supplement Policyholders a Yearly Chance to Switch Without Health Questions

West Virginia's Medigap birthday rule took effect June 11, 2026, giving current policyholders a 30-day window each year to move to an equal or lesser plan without medical underwriting. At least nine other states have similar protections.

By the Goodsurance editorial teamJuly 9, 2026

West Virginia became the most recent state to adopt a Medigap birthday rule when its law took effect June 11, 2026. Under the rule, current Medicare supplement policyholders receive a 30-day window each year, centered on their birthday, to switch to a Medigap plan with equal or lesser benefits from any insurer, without answering health questions or undergoing medical underwriting.

The birthday rule addresses a gap in federal consumer protections. Federal law provides enrollees with just one guaranteed-issue Medigap window: the six months beginning when they first enroll in Medicare Part B at age 65 or older. Outside that period, most states allow insurers to reject applicants or charge higher premiums based on health history.

West Virginia now gives Medigap policyholders a yearly window to shop for lower premiums without health questions. Here is how the birthday rule works.

KFF tracks at least nine states with birthday-style rules as of mid-2026, including California, Oregon, Idaho, Illinois, Kentucky, Louisiana, Maryland, Nevada, and Oklahoma. West Virginia is among the most recent additions. Indiana added a 60-day window beginning January 1, 2026.

For current Medigap policyholders in West Virginia, the birthday window creates a once-a-year opportunity to compare premiums across insurers and switch if a different plan offers comparable coverage at a lower cost.

The birthday rule protects only current Medigap policyholders. People attempting to obtain Medigap for the first time outside their initial enrollment period generally do not qualify for these protections and may face underwriting in most states.

In plain words

Medigap plans help pay costs that regular Medicare does not cover. Private companies sell them.

When you first sign up for Medicare Part B, you have six months to buy a Medigap plan. During that time, no company can turn you away for health reasons. After that window closes, most states let companies say no or charge more if you have health problems.

Some states have a birthday rule. Each year, around your birthday, you can switch Medigap plans without being asked about your health. You can only move to a plan with equal or fewer benefits.

West Virginia added this rule on June 11, 2026. At least nine other states already have one, including California and Oregon.

This only helps people who already have a Medigap plan. It does not apply if you are getting Medigap for the first time.

Understand the basics first

Source: KFF
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