There are two trial rights, and which one you have depends on what you did before joining. Both give you a guaranteed issue right, which means an insurance company must sell you the policy. Your rights may last an extra 12 months in certain circumstances, so ask your state insurance regulator. These are federal rules; your state may add rights.
| If you... | You have the right to buy... | When to apply |
|---|---|---|
| Joined a Medicare Advantage plan when first eligible for Part A at 65, and within the first year decide to switch to Original Medicare | Any Medigap policy sold by an insurance company in your state | 60 days before coverage ends, up to 63 days after |
| Dropped a Medigap policy to join Medicare Advantage for the first time, have been in the plan less than a year, and want the policy back | The Medigap policy you had, if the same company still sells it; if not, Plan A, B, C, D, F or G sold in your state | 60 days before coverage ends, up to 63 days after |
Who gets the first trial right
It is for people who joined a Medicare Advantage plan, or a PACE program, at the moment they were first eligible for Part A at age 65. If you decide within the first year that the plan is not working, you can go back to Original Medicare and buy any Medigap policy sold in Florida.
Who gets the second
It is for people who already had a Medigap policy, dropped it to try Medicare Advantage for the first time, and want out within a year. You can buy back the policy you had if the same company still sells it. If it is no longer sold, you can buy Plan A, B, C, D, F or G from a company in your state. Plans C and F are no longer sold to people new to Medicare on or after January 1, 2020, so which letter you can buy depends on when you became eligible.
What to do before the year ends
Count your days from the date you joined the plan, not from the calendar year. The application window runs from 60 days before your Medicare Advantage coverage ends to no more than 63 days after, so line up the end date with your new policy’s start date to avoid a gap. After that, outside a Medigap Open Enrollment Period or another guaranteed issue right, there is no federal guarantee that a company will sell you a policy. If you are unsure which right applies to you, a licensed broker can read your dates with you.
Read the full guide: Medicare Advantage or Medigap: how to decide
Related questions
Is the trial right the same as the Medigap Open Enrollment Period?
No. The Medigap Open Enrollment Period is a 6-month window that starts the first day of the month you are 65 or older and enrolled in Part B. A trial right is a separate guaranteed issue right tied to joining Medicare Advantage.
Does the trial right apply if I joined Medicare Advantage later than 65?
The first trial right in the CMS guide is for people who joined when first eligible for Part A at 65. The second is for people who dropped a Medigap policy to join for the first time. If neither describes you, check your state’s rules.
Do I have to switch to Original Medicare to use it?
Yes. The trial right is a right to leave Medicare Advantage for Original Medicare and buy a Medigap policy. It does not apply if you only move to another Medicare Advantage plan.
Sources
- Choosing a Medigap Policy: A Guide to Health Insurance for People with Medicare — Centers for Medicare & Medicaid Services · read 2026-11-13
- When can I buy a Medigap policy? — Medicare.gov (CMS) · read 2026-11-13
This page explains published rules and figures, with the source for each one. It is not advice about your own situation.