DELAWARE - Delaware Insurance Commissioner Trinidad Navarro is reminding Medicare beneficiaries about expanded enrollment rights and new protections now in effect under Senate Bill 71.
The law, signed Sept. 3, 2025, created a new “Birthday Rule” for Medicare Supplement policyholders and strengthened protections for people transitioning from Medicare Advantage plans back to Original Medicare.
As the 2026 calendar year continues, many Delawareans are approaching their first opportunity to use the new enrollment window.
“By establishing a guaranteed enrollment window around a policyholder’s birthday, we are ensuring that Delawareans can shop for better rates or more suitable coverage without the fear of being denied for pre-existing conditions," said Navarro.
Beginning Jan. 1, Delaware Medicare Supplement, also known as Medigap, policyholders are entitled to an annual Special Enrollment Period tied to their birthday. The enrollment period begins 30 days before a policyholder’s birthday and continues for at least 30 days after. During that time, policyholders can switch to another Medigap plan offering the same or lesser benefits, either with their current insurance company or a different carrier.
Under SB 71, insurance companies are prohibited from using medical underwriting, health status or claims history to deny coverage or raise prices during the enrollment window.
Insurance companies are also required to notify eligible policyholders about these rights between 30 and 60 days before their birthday.
Applicable to:
The law applies to Delawareans who purchased Medicare Supplement coverage in Delaware and still live in the state. It also applies to people who moved to Delaware with out-of-state Medigap policies once insurers become aware of their Delaware residency.
Not applicable to:
The law does not apply to Delaware-issued policies if the policyholder has moved out of state. It also does not apply to Medicare-eligible State of Delaware retirees regarding annual opt-in and opt-out decisions managed by the State Employee Benefits Committee.
SB 71 also includes protections for people moving from Medicare Advantage plans back to Original Medicare during federal enrollment periods held from Oct. 15 through Dec. 7 and Jan. 1 through March 31.
While insurance companies cannot deny applications for Medicare Supplement coverage from those individuals, the law allows insurers to individually rate applicants and apply pre-existing condition limitations.
People with questions about their rights under SB 71 can contact the Delaware Medicare Assistance Bureau through the Delaware Department of Insurance online.
