What the birthday rule is
Under Nevada's AB 250, effective January 1, 2022, anyone who already holds a Medicare Supplement (Medigap) policy in Nevada gets an annual open enrollment window beginning on the first day of their birthday month and running 60 days. During that window you can switch to another Medigap plan — with your current insurer or a different one — without medical underwriting, as long as the new plan's benefits are equal to or lesser than your current plan's.
No underwriting means no health questions can be used to deny you or raise your rate. Outside a protected window like this, Medigap carriers in most situations can decline applicants or charge more based on health history — which is why many people feel locked into a policy whose premium keeps climbing. The birthday rule unlocks that door once a year.
What it does — and doesn't — cover
The rule applies only to people who already have a Medigap policy. It is not a path into Medigap for someone currently on Medicare Advantage or Original Medicare alone — those situations still involve underwriting in most cases. It also only moves you sideways or down in benefit level, never up: you can match your current plan's benefits or take a leaner plan, but you can't underwrite-free upgrade.
It also has nothing to do with Medicare Advantage, Part D drug plans, or your underlying Parts A and B — those have their own enrollment windows. Think of the birthday rule as a price-shopping tool for people who like the Medigap structure but not their current premium.
How Elko-area residents can use it
The practical play is simple: about a month before your birthday month, have your current plan letter (A through N), your premium, and your renewal notice in hand, and compare what other carriers charge for the same plan letter in Nevada. Because Medigap benefits are standardized by letter, a Plan G is a Plan G — the difference between carriers is almost entirely price and rate-increase history.
If a better rate exists, you apply during your window, the new policy issues without health questions, and you cancel the old one once the new one is in force. Jenkins Insurance & Retirement runs this comparison for Elko-area families in partnership with a Nevada-licensed agent, free — get in touch a few weeks before your birthday month and we'll have the numbers ready.
Frequently Asked Questions
When is my Nevada birthday-rule window?
It begins on the first day of your birthday month and lasts 60 days. Applying shortly before or early in the window keeps the transition clean.
Can I use the birthday rule to move from Medicare Advantage to Medigap?
No. The rule only applies to people who already hold a Medigap policy. Moving from Medicare Advantage into Medigap generally involves medical underwriting unless another guaranteed-issue right applies.
Can I switch to a plan with better benefits during the window?
No — the new plan must have equal or lesser benefits than your current one. Most people use the rule to keep the same plan letter at a lower premium with a different carrier.
Does the birthday rule exist in Wyoming or Utah?
No. Birthday rules are state-specific, and Nevada is the only one of the three with this annual no-underwriting switch window for existing Medigap policyholders.
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