Does Oregon have a Medigap birthday rule?

How Oregon's birthday rule works

The Oregon Division of Financial Regulation (DFR), which regulates Medigap in the state, set the rule in OAR 836-052-0143, "Annual Opportunity to Select Another Medicare Supplement Policy or Certificate." The current version took effect January 1, 2023. Under it:

• Your window opens 30 days before your birthday and closes 30 days after it, every year.
• You must currently have a Medicare supplement (Medigap) policy.
• You can cancel it and buy a policy with the same or lesser benefits, from your current company or a different one.
• The new company can't deny the policy, add conditions or set the price based on your health, claims history or medical conditions.
• Policies issued before January 1, 1990 don't qualify.

Some websites still say Oregon has no birthday rule, or that the window runs 60 days after the birthday. Both are wrong under the current rule text.

What "same or lesser benefits" means

The rule says DFR's chart defines "same or lesser" for the standardized 1990, 2010 and 2020 plans. Because a Plan G has the same benefits from every company, the simplest use of the window is to keep your plan letter and move to a company whose price or pricing method suits you better. Moving to a plan with fewer benefits can also qualify; DFR's chart lists which letters count. See what Medigap plans are sold in Oregon.

How to use your birthday window

1. Mark the dates. Count 30 days back and 30 days forward from your birthday.
2. Compare the same plan letter. Look at premiums and how each company sets prices. Oregon allows pricing by attained age, and some companies use other methods, so ask.
3. Apply inside the window. Keep your current policy until the new one is approved and in force.
4. Cancel the old policy in writing. Oregon also gives you 30 days after delivery to return a new Medigap policy for a refund (OAR 836-052-0160).

What it doesn't do

The birthday rule is for people who already have Medigap. If you're in a Medicare Advantage plan, it doesn't give you a right to buy Medigap; see can I switch from Medicare Advantage to Medigap. It also doesn't change Part D: Medigap policies sold today don't include drug coverage.

To compare Medigap policies from the companies they work with, you can request a call from a licensed insurance agent. For a complaint about a Medigap company or agent, call DFR's consumer advocates at 1-888-877-4894. More in our guide to Medigap in Oregon.

Related questions

Sources

• Oregon Administrative Rules — OAR 836-052-0143, annual opportunity to select another Medicare supplement policy (ID 9-2022, effective 1/1/2023)
• Oregon Administrative Rules — OAR 836-052-0160, required disclosure provisions (30-day free look)
• Oregon Division of Financial Regulation — Oregon Medicare Supplement Insurance Overview (2025 legislative presentation)
• Oregon Division of Financial Regulation — Contact us (consumer advocates)
• Medicare.gov — When can I buy a Medigap policy?

More questions in this guide

• Can I get a Medicare Supplement under 65 in Oregon?
• Can I switch from Medicare Advantage to a Medicare Supplement in Oregon?
• What Medicare Supplement plans are sold in Oregon?
• When can I buy a Medicare Supplement in Oregon?

Part of the guide: Medigap in Oregon — what it covers and Oregon's rules · All questions

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