West Virginia and New Mexico are both launching Medigap “birthday rules” within the next year.
Federal law does not include ongoing protections for beneficiaries who want to switch Medicare supplement coverage beyond the established one-time, six-month window. However, these state laws permit a 60-day (or possibly longer, in New Mexico) Medigap open enrollment period that falls around the beneficiary’s birthday each year. Beneficiaries would not be subject to medical underwriting based on health status if they switched plans during this time.
“By expanding guaranteed issue opportunities, SB 21 would help level the playing field, promote more balanced risk pools, and support a more stable and competitive Medicare supplement market with increased coverage options for beneficiaries,” a February 2026 document from New Mexico Aging Services said. The law is expected to support over 70,000 people across the state.
In West Virginia, the guaranteed issue right applies only to those who have continuously held their Medicare supplement policy for at least 24 months, as of the replacement’s effective date. West Virginia beneficiaries can only switch to a plan from the same or an affiliated insurer, unless comparable coverage is unavailable. Beneficiaries also gain a guaranteed issue right after losing Medicaid eligibility. West Virginia’s state insurance commissioner will report on premium trends annually, as well.
West Virginia and New Mexico’s laws will go into effect June 11, 2026, and Jan. 1, 2027, respectively.
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