What Is a Medicare Trial Right? Guaranteed Issue Rights Explained | Senior Benefit Assistance
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What Is the Medicare Advantage Trial Right?

The Medicare trial right gives you 12 months to try Medicare Advantage and return to Original Medicare with guaranteed access to Medigap — no health questions asked. Here's everything you need to know.

Senior Benefit Assistance | January 2026 | 7 min read

When someone switches from Original Medicare to a Medicare Advantage plan, they sometimes worry: "What if I change my mind?" That's where the Medicare Advantage trial right comes in — a federal protection that gives you a chance to try Medicare Advantage and return to Original Medicare with guaranteed access to Medigap coverage if things don't work out.

What Is a Medicare Trial Right?

A Medicare trial right — officially called a "guaranteed issue right" triggered by a trial period — is a federal protection that allows you to:

  1. Try Medicare Advantage for up to 12 months
  2. Leave and return to Original Medicare at any time during those 12 months
  3. Buy a Medigap policy from any insurer selling in your state — without medical underwriting

This means insurers cannot deny you coverage or charge higher premiums because of your health history. This protection exists to encourage people to try Medicare Advantage without fear of being locked out of Medigap if they return to Original Medicare.

Why it matters: Without guaranteed issue rights, Medigap insurers in most states can reject your application or charge significantly higher premiums based on pre-existing conditions. The trial right removes that risk.

Who Has a Medicare Advantage Trial Right?

You have a trial right if you meet either of these situations:

Situation 1: New to Medicare Advantage

You enrolled in Medicare Advantage for the first time (within the first 12 months of having Medicare Part A and Part B, or during your first Medicare Advantage enrollment) and decide within 12 months to return to Original Medicare.

Situation 2: First time joining Medicare SELECT

You enrolled in a Medicare SELECT policy for the first time and want to switch to Original Medicare with a standard Medigap policy within 12 months.

Important limitation: The trial right applies only the first time you join Medicare Advantage. If you've previously been in a Medicare Advantage plan (even years ago), a second enrollment generally does not trigger a new trial right. Rules can vary slightly by state — confirm with your State Insurance Department.

Which Medigap Plans Can You Get?

Under the trial right, you have guaranteed issue access to a specific set of Medigap plans. As of 2026, these typically include:

Medigap PlanGuaranteed Issue Under Trial Right?
Plan AYes
Plan BYes
Plan C (if first eligible for Medicare before 1/1/2020)Yes
Plan F (if first eligible for Medicare before 1/1/2020)Yes
Plan KYes
Plan LYes
Plan D, G, M, NNot guaranteed — varies by state and insurer

Note: Plans C and F are only available to people who became eligible for Medicare before January 1, 2020. Those who became eligible on or after that date cannot purchase Plans C or F.

How to Use Your Trial Right

If you're in your first Medicare Advantage plan and want to switch back to Original Medicare:

  1. Decide within 12 months of when your Medicare Advantage coverage began
  2. Disenroll from your Medicare Advantage plan — you can do this by calling the plan or submitting a disenrollment form. You can also use a Special Enrollment Period to switch.
  3. Apply for a Medigap policy — contact Medigap insurers in your state and specifically tell them you are applying under a "guaranteed issue right" due to a Medicare Advantage trial period
  4. Enroll in a Part D drug plan — Original Medicare does not include drug coverage; you'll need a standalone Medicare Part D plan
Act before your 12 months are up: Once the 12-month window closes, you lose the guaranteed issue protection. At that point, Medigap insurers may reject your application or charge higher premiums based on your health.

Other Situations That Trigger Guaranteed Issue Rights

Trial rights are just one type of guaranteed issue right. Other situations that give you guaranteed Medigap access include:

Ready to Switch Back to Original Medicare?

A licensed advisor can help you compare your options and understand your guaranteed issue rights — at no cost to you.

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Frequently Asked Questions

What if my state has stricter rules?

Some states (like New York, Massachusetts, and Maine) have stronger Medigap protections than federal law — in those states, insurers must offer Medigap to applicants year-round, regardless of health status. If you live in one of these states, you may have even more flexibility.

Can I keep my same doctors if I switch back?

When you return to Original Medicare, you can see any doctor, hospital, or provider that accepts Medicare — across the entire country. Most doctors accept Medicare. With a Medigap supplement, your out-of-pocket costs will also be predictable.

Does a trial right apply to Part D drug coverage?

No — trial rights specifically address Medigap supplemental coverage. You will need to separately enroll in a Medicare Part D drug plan when you return to Original Medicare. Check the Medicare Part D enrollment rules to avoid a late enrollment penalty.

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