While legislation aimed at changing the health insurance birthday rule was proposed in 2021, it has not moved very far in Congress yet. As of 2022, health insurers still follow the birthday rule.
A different type of birthday rule, aimed at allowing people to switch so-called “Medigap” policies, did change in 2022 in Illinois, Nevada, and Idaho. This same type of policy already existed in California and Oregon. Connecticut, Maine, Missouri, New York, and Washington have other types of rules for switching Medigap plans. Again, this birthday rule is different than birthday rules about how insurance plans coordinate for children when both parents have health insurance plans.