Grand Junction · Involuntary disenrollment
Can a Medicare Advantage Plan Drop You in Colorado?
Two different fears hide inside that question. One is the letter Mesa County mailboxes are getting this week: a plan that will not be offered here next year. The other is quieter and older: that a plan can decide you have become too expensive and let you go. The first is real and comes with rights. The second is prohibited by regulation. Here is the full list of ways an Advantage plan can end your membership, what each one legally owes you, and the one exit on the list that leaves you with nothing.
The bottom line
- The default is that a plan cannot drop you. 42 CFR § 422.74(a): except for the listed reasons, a plan "may not— (1) Disenroll an individual from any MA plan it offers; or (2) Orally or in writing, or by any action or inaction, request or encourage an individual to disenroll."
- Your health is never on the list. § 422.110(a) forbids limiting coverage on "any factor that is related to health status," including "Claims experience" and "Receipt of health care."
- Three exits are the plan's choice: unpaid premiums after a grace period of at least 2 whole calendar months, disruptive behavior that CMS has approved, and fraud. Four are required by law: moving away, staying away more than 6 months, losing Part A or B, and the plan itself ending or leaving your county.
- Non-payment is the trap. It is the only common exit with no Special Enrollment Period and no Medigap guaranteed-issue right. Have the premium withheld from Social Security and § 422.74(d)(1)(iv) says the plan cannot disenroll you for it.
- Mesa County's version is the six-month clock. Winters in Arizona are fine up to 6 months of consecutive absence; some plans stretch it toward 12 months with a visitor/traveler benefit. Past that, the plan must disenroll you.
Start with the sentence that answers the question. 42 CFR § 422.74(a) opens with a prohibition, not a permission: "Except as provided in paragraphs (b) through (d) of this section, an MA organization may not— (1) Disenroll an individual from any MA plan it offers; or (2) Orally or in writing, or by any action or inaction, request or encourage an individual to disenroll." Everything else in the section is an exception to that rule, and the exceptions are a closed list. If the reason you are worried about is not on it, the plan cannot use it. Of Mesa County's 41,709 Medicare beneficiaries in June 2026, 19,155 were in Medicare Advantage or another Medicare health plan, so this list applies to just under half the county.
What a plan can never do
The fear that a plan will drop a member who got sick is the one I hear most, and it is the one the regulations address most directly. 42 CFR § 422.110(a): an MA organization "may not deny, limit, or condition the coverage or furnishing of benefits to individuals eligible to enroll in an MA plan offered by the organization on the basis of any factor that is related to health status, including, but not limited to the following: (1) Medical condition, including mental as well as physical illness. (2) Claims experience. (3) Receipt of health care. (4) Medical history. (5) Genetic information. (6) Evidence of insurability ... (7) Disability."
"Claims experience" and "Receipt of health care" are the two items that matter here. A member with a cancer diagnosis, a transplant, or four hospital stays in a year has generated claims experience and received health care. Neither is a lawful basis for anything the plan does, including disenrollment. And the one exit that sounds like it could be stretched to cover a difficult patient, disruptive behavior, has its own fence in § 422.74(d)(2)(i): "An individual cannot be considered disruptive if such behavior is related to the use of medical services or compliance (or noncompliance) with medical advice or treatment." Even then, the plan cannot act alone; § 422.74(d)(2)(ii) allows disenrollment "only after it meets the requirements described in this section and CMS has reviewed and approved the request."
Every exit on the list, and what it leaves you with
| Why coverage ends | Whose decision | What the plan must do first | What you have afterward |
|---|---|---|---|
| You stop paying the plan premium | Plan's choice | Grace period of at least 2 whole calendar months, a delinquency warning, then written notice with a grievance right. | No Special Enrollment Period (§ 422.62(b)(2) excludes non-payment). No Medigap guaranteed-issue right. Reinstatement only for good cause within 60 days. |
| Disruptive behavior | Plan's choice, CMS must approve | Serious effort to resolve, documentation, then CMS review. Cannot be based on using medical services or refusing medical advice. | No Special Enrollment Period. Original Medicare on the effective date. |
| Fraud on the enrollment form or lending your card | Plan's choice | Written notice with the reason and a grievance right; reported to CMS. | No Special Enrollment Period. |
| You move out of the service area | Required | Written notice within 10 days of the plan confirming your new address. | Special Enrollment Period: the month before the move if you tell the plan first, through 2 full months after. Medigap guaranteed-issue right, 60 days before to 63 days after. |
| You are away more than 6 months | Required, unless the plan offers a visitor/traveler benefit up to 12 months | Written notice within the first 10 days of the sixth month away. | Treated as a residence change: the same Special Enrollment Period and Medigap right as a move. The clock is consecutive months, not a calendar year. |
| The plan ends or leaves your county | Required | Written notice at least 90 days before the effective date, with a description of alternatives (§ 422.506). | Special Enrollment Period December 8 – February 28 for a January 1 ending. Medigap guaranteed-issue right, 60 days before to 63 days after. |
| You lose Part A or Part B, or a Special Needs Plan's qualifying status | Required | CMS notifies the plan; SNPs must give 30 days' advance notice and a chance to prove eligibility. | For a lost Medicaid qualification: 3 full months to change plans, per Medicare.gov. |
Sources: 42 CFR § 422.74(b)–(d); § 422.62(b); § 422.506(a)(2); Medicare.gov, Special Enrollment Periods; Medicare.gov, When can I buy Medigap. Medigap rights describe federal guaranteed-issue situations; a Colorado application outside them can be underwritten.
Read the table by its last column. Five of the seven exits open a door: a Special Enrollment Period, a Medigap guaranteed-issue window, or both. Two do not, and one of those two, non-payment, is the one people walk into by accident. Medicare.gov's plain-language version of the list is shorter but says the same thing: "A Medicare Advantage Plan can disenroll you for several reasons, like if you move outside the plan's service area, lose Medicare or Medicaid eligibility, join a drug plan (in some cases), or if the plan's contract with Medicare ends." The "join a drug plan" clause is a reminder that enrolling in a stand-alone Part D plan while you are in an Advantage plan that includes drug coverage disenrolls you from the Advantage plan. It is a self-inflicted exit, and it happens every fall to someone who thought they were adding coverage.
The Mesa County version: six months in the desert
Grand Valley retirees leave for Arizona, southern Utah, and Texas in numbers, and an Advantage plan is tied to the county you live in. § 422.74(d)(4)(ii) draws the line: if you have not moved but have "left the service area (or residence) for more than 6 months, the MA organization must disenroll the individual from the plan." The word is "must." The plan has no discretion to keep a member it knows has been gone seven months.
There is one stretch, and it belongs to the plan, not to you. Under (d)(4)(iii), a plan "may elect" to offer a visitor/traveler benefit for an absence "longer than 6 months but less than 12 months," and a member who uses it is "disenrolled on the first day of the 13th month after the individual left the service area." The benefit has to deliver "all Medicare Parts A and B services ... at the same cost sharing levels as apply within the plan's service area," and it must be available to every enrollee who is away, although the plan may limit it to certain areas and providers. Ask whether your plan has one before you assume. A PPO's out-of-network coverage is not the same thing; it changes what you pay for care in Tucson, not how long you are allowed to be in Tucson.
Two practical details decide how this plays out. First, the clock counts consecutive days away, not days in a calendar year; leaving October 15 and returning April 10 is under six months, and leaving October 1 and returning April 15 is over. Second, the plan finds out through the mail: (d)(4)(ii)(A) says you are "considered to be temporarily absent" when a required mailing "is returned to the MA organization by the U.S. Postal Service as undeliverable and a forwarding address is not provided." Forwarding your mail to a winter address is what starts the plan's count. Once the six months are up, the notice has to arrive "within the first 10 calendar days of the sixth month," and what follows is treated like a move: a Special Enrollment Period and the Medigap guaranteed-issue situation Medicare.gov labels "I'm moving out of my Medicare Advantage Plan's coverage area." Our out-of-state care post covers what a plan pays while you are away; this is the separate question of whether you are still a member when you get home.
Got a disenrollment notice, or a winter that runs long?
Bring the letter to our Grand Junction office, or call. We will tell you which paragraph of § 422.74 it is using, whether a Special Enrollment Period or Medigap right comes with it, and what the deadline is. Free, and nothing to sign.
Book a notice review →Non-payment: the exit with no safety net
A plan may drop you for an unpaid premium, but only after a process. § 422.74(d)(1) requires the plan to show CMS it made "reasonable efforts to collect," including "Alerting the individual that the premiums are delinquent," a grace period that must "Be at least 2 whole calendar months," and a warning "that failure to pay the premiums by the end of the grace period will result in termination of MA coverage." The written notice then has to explain the reason and your right to file a grievance.
What makes this exit different is what is missing afterward. § 422.62(b)(2) grants a Special Enrollment Period for losing eligibility through a change of residence "or other change in circumstances as determined by CMS but not including terminations resulting from a failure to make timely payment of an MA monthly or supplemental beneficiary premium, or from disruptive behavior." Medicare.gov's Special Enrollment Period page has no entry for it, and its Medigap tool has no situation for it. Someone disenrolled for non-payment in May is in Original Medicare with no drug plan, no Medigap right, and no way back in until Open Enrollment for a January 1 start. The Medicare Advantage Open Enrollment Period in the new year does not help either, because it is for people who are already in an Advantage plan.
There are two ways back. Paragraph (d)(1)(v) allows reinstatement "without interruption of coverage" if you ask "within 60 calendar days of the disenrollment effective date," pay everything owed "within 3 calendar months," and show the non-payment "was due to circumstances for which the individual had no control, or which the individual could not reasonably have been expected to foresee." A hospitalization qualifies; forgetting does not. The better way is not to need one: (d)(1)(iv) says a plan "may not disenroll an individual who had monthly premiums withheld" from Social Security. If your plan has a premium, having it deducted from your check removes this exit from the list entirely. A $0-premium plan removes it a different way, though the Part B premium behind it still has to be paid.
When the plan is the one leaving
This is the exit Mesa County is actually living through this fall, and it is the most protected one. § 422.74(b)(3) requires a plan that "discontinues offering the plan in any portion of the area where the plan had previously been available" to disenroll everyone there, and (d)(7) requires "a written notice of the effective date of the plan termination or area reduction and a description of alternatives for obtaining benefits under the MA program," sent in the § 422.506(a)(2) timeframe of at least 90 days. Medicare.gov: "If a plan decides to stop participating in Medicare, you'll have to join another Medicare health plan or return to Original Medicare." You get Open Enrollment, a Special Enrollment Period from December 8 to February 28, and a Medigap guaranteed-issue window from 60 days before to 63 days after the coverage ends. We have written the rest of that path already: how to tell a real non-renewal from a plan merger, the Colorado Medigap rights, and why December 31 is the real deadline.
One line in the table deserves its own sentence. A plan cannot do this mid-year. Terminations and county exits take effect at the end of a contract year with 90 days' notice, which is why the letters come in late September and the change lands on January 1. A mid-year end to your coverage is always about your circumstances, never the plan's.
What I would do
If a notice arrives, find the reason in it and match it to the table. A move or a long absence comes with a Special Enrollment Period that starts the month you tell the plan, so tell the plan early and use the two months. A plan exit comes with the longest set of rights on the list, and the calm path is still Open Enrollment. If the notice says non-payment, act inside the grace period; once it lapses, the 60-day good-cause request is the only door, and it needs a reason a reviewer will accept. If you have never received a notice and are simply worried the plan will drop you over a diagnosis, stop worrying about that and worry about the two things that actually end coverage in Mesa County: a forwarded mailbox and a missed premium. In a county where 26.6% of adults live with high blood pressure and 8.1% with diabetes, per CDC PLACES, the diagnosis is the reason to keep the coverage, not the reason you would lose it.
How we know all this: the Medicare On Main Data Desk frames every article with public data — here, 42 CFR § 422.74 for the general prohibition, the optional and required grounds, the grace period, the disruptive-behavior guardrails, the six-month and visitor/traveler rules, the notice timing and the good-cause reinstatement; § 422.110 for the health-status prohibition; § 422.62(b) for the Special Enrollment Periods and the non-payment exclusion; § 422.506 for the 90-day notice, all quoted as published on Cornell LII; Medicare.gov's health-plan-options, Special Enrollment Period and Medigap tool pages; the CMS Medicare Monthly Enrollment file for Mesa County (June 2026); and CDC PLACES county data (2023). No 2027 plan, premium or carrier is named, because CMS has not released the 2027 landscape; no plan that exits a county is criticized. This is education, not advice; confirm your plan's rules with the plan, and plans, costs and eligibility with a licensed agent or Medicare.gov. We take no payment from any carrier to feature a plan.
Frequently asked questions
Can a Medicare Advantage plan drop you?
Only for the reasons listed in 42 CFR § 422.74, and the general rule in paragraph (a) is that a plan "may not" disenroll you or even "request or encourage" you to leave. The plan may choose to drop you for unpaid premiums after a grace period of at least 2 whole calendar months, for disruptive behavior that CMS has reviewed and approved, or for fraud on the enrollment form. It must drop you if you move out of the service area or stay away more than 6 months, if you lose Part A or Part B, or if the plan itself ends or leaves your county. Nothing on that list is about your health or how much care you used.
Can Medicare Advantage drop you for being sick or having a pre-existing condition?
No. 42 CFR § 422.110(a) says a plan "may not deny, limit, or condition the coverage or furnishing of benefits ... on the basis of any factor that is related to health status," and lists medical condition, "Claims experience," "Receipt of health care," medical history, genetic information and disability. The disruptive-behavior exit has its own guardrail in § 422.74(d)(2)(i): "An individual cannot be considered disruptive if such behavior is related to the use of medical services or compliance (or noncompliance) with medical advice or treatment." An expensive year cannot get you disenrolled.
What happens if I don't pay my Medicare Advantage premium?
The plan must warn you, give you a grace period of "at least 2 whole calendar months," and tell you that non-payment ends coverage. After that it may disenroll you with written notice. This is the one exit with no safety net: § 422.62(b)(2) specifically excludes "failure to make timely payment" from the residence-change Special Enrollment Period, Medicare.gov's Special Enrollment Period list has no entry for it, and the Medigap guaranteed-issue situations do not include it. You land in Original Medicare with no drug plan until the next Open Enrollment. If your premium is withheld from your Social Security check, § 422.74(d)(1)(iv) says the plan may not disenroll you for non-payment at all.
How long can I be out of my Medicare Advantage plan's service area?
Six consecutive months. 42 CFR § 422.74(d)(4)(ii) says that if you "left the service area (or residence) for more than 6 months, the MA organization must disenroll" you. A plan may offer a visitor/traveler benefit that stretches that to "longer than 6 months but less than 12 months," with disenrollment "on the first day of the 13th month" away. The count is consecutive days, so a Mesa County couple who leaves for Arizona in October and returns in April is inside the limit; a couple who stays through May is not. Returned mail with no forwarding address is how a plan usually learns you are gone.
Can I get Medigap if my Medicare Advantage plan drops me?
It depends on why. Medicare.gov's Medigap tool lists three qualifying situations: "My Medicare Advantage Plan is leaving Medicare," "My Medicare Advantage Plan will no longer cover my area," and "I'm moving out of my Medicare Advantage Plan's coverage area." Each gives a guaranteed right to buy a Medigap policy, applied for "60 days before the date your coverage ends" and "No more than 63 days after your coverage ends." Being dropped for non-payment or disruptive behavior is not on the list, so a Medigap application in Colorado after those exits can be underwritten. A first-time Advantage member within 12 months of joining has a separate trial right.
Can you be kicked off a Medicare Advantage plan in the middle of the year?
For the plan's own reasons, no: a plan cannot end its contract mid-year, and non-renewals and county exits take effect on January 1 with at least 90 days' notice under § 422.506. For your circumstances, yes: non-payment, a permanent move, a six-month absence, loss of Part B, or loss of a Special Needs Plan's qualifying status can end coverage in any month, each with written notice first. In every mid-year case except non-payment and disruptive behavior, a Special Enrollment Period opens so you can pick another plan.
Sources
- 42 CFR § 422.74 — Disenrollment by the MA organization (Cornell LII) — "may not ... request or encourage an individual to disenroll"; the (b)(1) optional and (b)(2)–(3) required grounds; "at least 2 whole calendar months"; "cannot be considered disruptive if such behavior is related to the use of medical services"; "more than 6 months"; "first day of the 13th month"; "within 60 calendar days."
- 42 CFR § 422.110 — Discrimination against beneficiaries prohibited (Cornell LII) — "any factor that is related to health status," including "Claims experience" and "Receipt of health care."
- 42 CFR § 422.62 — Election of coverage under an MA plan (Cornell LII) — (b)(1) plan discontinued; (b)(2) "not including terminations resulting from a failure to make timely payment."
- 42 CFR § 422.506 — Nonrenewal of contract (Cornell LII) — "at least 90 calendar days before the date on which the nonrenewal is effective."
- Medicare.gov — Your health plan options — "A Medicare Advantage Plan can disenroll you for several reasons"; "you'll have to join another Medicare health plan or return to Original Medicare."
- Medicare.gov — Special Enrollment Periods — the move, contract-end and Medicaid-loss windows; no entry for non-payment.
- Medicare.gov — When can I buy Medigap? — the moving and plan-leaving situations; "60 days before"; "No more than 63 days after."
- CMS Medicare Monthly Enrollment (data.cms.gov) — Mesa County, CO, June 2026 — 41,709 beneficiaries; 19,155 in Medicare Advantage and other plans; 22,554 in Original Medicare.
- CDC PLACES: Local Data for Better Health, County 2023 — Mesa County high blood pressure and diabetes prevalence.