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Committee approves Medigap 'birthday rule' open-enrollment amendment to give seniors an annual chance to change plans
Summary
Senate Bill 21 would create a 60-day annual Medigap open-enrollment period around an enrollee's birthday, giving roughly 71,000 existing Medigap holders an annual opportunity to switch plans; committee approved the bill as amended with an effective date of Jan. 1, 2027.
A Senate committee on Feb. 13 approved an amended version of Senate Bill 21 to establish an annual Medigap open-enrollment (a so-called birthday rule) that would allow eligible Medicare beneficiaries who already hold Medigap supplemental coverage to change plans during a 60-day window around their birthday.
Scope and sponsor rationale
Secretary Kaltenbach described the measure as a consumer-protection step for the roughly 71,000 New Mexicans currently enrolled in Medigap supplements. Under current rules many beneficiaries are effectively locked into a Medigap carrier; switching later can require medical underwriting that denies or price-excludes older enrollees. The bill mirrors approaches in about 15 other states and includes an option to charge an extra fee in some cases; the committee-adopted amendment moves the effective date to Jan. 1, 2027.
Questions from committee and uptake estimates
Committee members asked how many people would likely change plans; Kaltenbach and the sponsor estimated a small share would move annually — roughly 10% in modeled scenarios — and many beneficiaries would stay put. Discussion also noted interaction with Medicare Advantage enrollment windows and the need to counsel seniors on their choices.
Committee action
After brief public support and no sustained opposition, the committee recorded a unanimous due pass as amended and a 9‑0 recorded roll call in favor of the amended bill. The sponsor said the measure is intended to promote consumer choice and a more balanced Medigap market.
Next steps
The bill will proceed as a due-pass recommendation with the adopted effective-date amendment; sponsors said additional stakeholder outreach and implementation details will be handled by state counsel and regulators if enacted.
