All insurers must guaranteed issue all products (6 states)

All insurers must guaranteed issue some products (8 States)

Insurers of last Resort (6 states)

High-risk pool for medically eligible (31 states)











NOTE: Not applicable to individuals who are eligible for coverage under the Health Insurance Portability and Accountability Act (HIPAA). In several states, including New York, all individual health insurance policies must be offered to all residents on a guaranteed-issue basis year-round. In others, including Ohio, only certain insurers must offer guaranteed-issue policies. If health insurance must be sold on a guaranteed-issue basis, applicants cannot be turned down because of their health or risk status.

a Continuously for some individuals.

b Periodically for some plans for all individuals.

c Continuous for all individuals.

d The local or regional Blue Cross Blue Shield Association plan makes coverage available.

Data as of December 2007. Data compiled through review of state laws and regulations and interviews with state health insurance regulatory staff.

For more detailed information on consumer protections in any state see Georgetown University’s “Consumer Guides for Getting and Keeping Health Insurance” available at

This information was reprinted with permission from the Henry J. Kaiser Family Foundation. The Kaiser Family Foundation is a nonprofit private operating foundation, based in Menlo Park, California, dedicated to producing and communicating the best possible information, research, and analysis on health issues.


Henry J. Kaiser Family Foundation. 2008. State health facts: Individual market guaranteed issue (not applicable to HIP AA eligible individuals) 2007, (accessed September 23, 2008).

The National Academies of Sciences, Engineering, and Medicine
500 Fifth St. N.W. | Washington, D.C. 20001

Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement