A hurricane was declared a disaster in my client's county and they missed the election period. Can they still enroll?
Yes. A client affected by a government-declared emergency or major disaster who missed another valid election period because of it can use a special enrollment period (SEP) to enroll in or disenroll from an MA or Part D plan, subject to the residency and eligibility conditions below.
What the rule says
“Individuals affected by an emergency or major disaster declared by a Federal, State or local government entity are eligible for an SEP to make an MA enrollment or disenrollment election.”
“Individuals affected by an emergency or major disaster declared by a Federal, State or local government entity are eligible for an SEP to make a Part D enrollment or disenrollment election.”
To qualify, the client must meet these conditions:
“(A) Resides, or resided at the start of the SEP eligibility period described in this paragraph (b)(18), in an area for which a federal, state or local government entity has declared an emergency or major disaster; or”
“Was eligible for another election period at the time of the SEP eligibility period described in this paragraph (b)(18); and”
“Did not make an election during that other election period due to the emergency or major disaster.”
On timing:
“The SEP starts as of the date the declaration is made, the incident start date or, if different, the start date identified in the declaration, whichever is earlier.”
“The maximum length of this SEP, if the incident end date is not otherwise identified, is 14 full calendar months after the SEP start date or, if applicable, the date of a renewal or extension of the emergency or disaster declaration.”
The CY 2027 guidance summarizes this same SEP and its conditions consistently with the CFR [MA & Part D Enrollment Guidance (CY 2027) § 30.6.25]; this portion of my answer relies on that CY 2027 guidance, which applies to enrollment requests received on or after January 1, 2027 (and may be applied by plans to AEP enrollments effective January 1, 2027).
To confirm eligibility, you'd need the specific dates of the declaration and confirm your client missed another valid election period because of the disaster.
Carrier and FMO rules are often stricter than CMS rules. This tool reports what CMS sources say and is not legal advice. Enrollment guidance shown is the CY 2027 version. Regulation text reflects the CY 2027 marketing rules, which apply to marketing beginning October 1, 2026.
This answer was generated by mapdbot from the sources listed below on September 23, 2026 and checked against them. Regulation text: eCFR as of 09/15/2026. It is for licensed insurance agents, is not legal advice, and does not cover carrier or FMO rules.