Who has the right to guaranteed issue under federal law?

Under federal law, the right to guaranteed issue primarily applies to consumers newly enrolling in Medicare Part B. This means that individuals who are signing up for Medicare Part B for the first time are granted the opportunity to obtain a Medicare Supplement Insurance Plan without being subject to medical underwriting or possible denial based on pre-existing conditions. This provision ensures that new enrollees are not turned away from obtaining necessary insurance coverage based on their health status at a critical time in their healthcare journey.

While individuals aged 65 and older typically qualify for Medicare, the guaranteed issue rights specifically pertain to their enrollment status in Part B rather than their age itself. Similarly, while all Medicare beneficiaries may have access to certain protections, the explicit guaranteed issue right is focused on new enrollees. Lastly, switching plans without health issues may provide favorable options but does not equate to guaranteed issue rights under the law. Thus, the emphasis is on the timing of enrollment in Part B as the key determinant for guaranteed issue eligibility.