The Medicare Advantage trial right: a 12-month safety net

How the trial right lets first-time Medicare Advantage enrollees return to Original Medicare and buy Medigap without health questions, and the deadlines.

Federal law includes a little-known protection for people who try Medicare Advantage: the trial right. Used correctly, it lets you test an MA plan and go back to Original Medicare with a guaranteed Medigap policy.

Two versions

1. You joined Medicare Advantage when first eligible at 65. If you leave within the first 12 months, you can buy any Medigap plan sold in your state (subject to the Plan C/F eligibility rules) with guaranteed issue.
2. You dropped a Medigap policy to join Medicare Advantage for the first time. If you leave within 12 months, you can get your old Medigap policy back if the insurer still sells it; if not, you can buy certain other Medigap plans with guaranteed issue.

Deadlines

You generally must apply for the Medigap policy within 63 days after your MA coverage ends, and you can apply as early as 60 days before it ends. Keep letters that show when your MA coverage ended.

How to use it

• Mark the 12-month anniversary of joining your MA plan.
• If network limits, prior authorization or costs are not working, disenroll before the 12 months are up, using an enrollment period you are eligible for or the trial-right Special Enrollment Period.
• Apply for Medigap and a Part D plan to start when Original Medicare resumes.

Why it matters

After the trial period, returning to Medigap in most states means medical underwriting. Someone diagnosed with a serious condition in year two of an MA plan may not be able to buy Medigap at all. See the full comparison before choosing.

Other guaranteed issue situations

Leaving an MA plan because it exits your area, because you move out of its service area, or because the plan broke its rules also gives guaranteed issue rights. Rules on when you joined Medicare are explained in the Medigap open enrollment guide.

Questions people ask

How long is the Medicare Advantage trial right?

12 months from joining your first MA plan, in the qualifying situations.

What do I get if I leave in time?

Guaranteed issue for a Medigap policy, without health questions.

When must I apply for Medigap?

Generally within 63 days after MA coverage ends.

Does it apply if I joined MA at 70?

Only if you were dropping a Medigap policy to try MA for the first time.

Independent educational site. Not affiliated with or endorsed by the U.S. government, the federal Medicare program, or any insurance company. Figures are 2026 amounts published by CMS unless noted; check Medicare.gov for your situation.