Understanding Medicare Advantage Eligibility for Florida Snowbirds
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If you're a Medicare recipient who splits time between states and maintains a permanent residence in Florida, you may have access to Medicare Advantage plans—like the Humana Full Access Giveback PPO—which may offer additional benefits not found within your state without having to establish a domicile, or legal residency, in Florida.
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Over time, many people have asked me whether this is a legitimate strategy or just a loophole. Some have even challenged the idea, often without consulting the right sources or fully understanding the rules. That’s why I created this page—to lay out the facts clearly and directly.
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Here, I walk through the contractual language of specific Medicare Advantage plans and the Medicare Managed Care Manual, which governs eligibility and enrollment. I also share real-world experience: I’ve helped individuals in this exact situation enroll in Florida-based plans, and those enrollments have been approved—without any disruptions or disenrollment notices from Medicare.
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My goal is to help you understand that this approach is not only legal, but also well within the guidelines set by Medicare. By reviewing the actual contracts and regulations, you can make informed decisions with confidence.
Resources
Summary of Benefits
(Summary of Contract)
https://www.humana-medicare.com/BenefitSummary/2025PDFs/H5216393000SB25.pdf
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To be eligible To join Humana Full Access Giveback H5216-393 (PPO), you must be entitled to Medicare Part A, be enrolled in Medicare Part B and live in our service area. (pg. 4)
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Travel Coverage The PPO national network gives you in-network coverage across the country, so you can see any doctor who accepts the plan terms and conditions. You'll be able to travel with ease or split your time between locations. (pg. 21)
Interpretation
This is a summary of your contract so it cannot be used for specific language and definitions. Although they do define eligibility as "living in the service area" and did not define a time period such as having to remain in the service area for more than 6 months or having to establish a domicile, or legal residence in another state.
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The Travel coverage does use the term "split your time between locations, which can elude to being able to reside in two locations, but again, it is not a legal document, so the wording they used in this document is not all that relevant.
Evidence of Coverage (Legal Contract)
(also known as a member contract or subscriber agreement)
https://www.humana-medicare.com/BenefitSummary/2025PDFs/H5216393000EOC25.pdf
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Section 2.1 Your eligibility requirements​​
You are eligible for membership in our plan as long as: • You have both Medicare Part A and Medicare Part B • -- and -- you live in our geographic service area ...you are a United States citizen or are lawfully present in the United States. (pg. 11)
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Section 5.1 When must we end your membership in the plan?
Humana Full Access Giveback H5216-393 (PPO) must end your membership in the plan if any of the following happen:
...If you are away from our service area for more than six months. If you are on a Humana Medicare PPO plan and are using your visitor/traveler benefit, you may be eligible to be outside of the service area for up to 12 months. (pg. 180)
Since this is a legal document, the definitions are important as well as exactly the statements are worded.
This wording again establishes the need to have a permanent residence in the state to be eligible.
The language here clearly states that you can be outside of the area on our PPO for up to 12 months without being disenrolled. The caveat is the word "may," which is referring to needing to be in an area where you can access medical and prescription care.
Medicare Managed Care Model (Medicare Law)
Chapter 2 - Medicare Advantage Enrollment and Disenrollment
https://www.cms.gov/files/document/cy-2024-ma-enrollment-and-disenrollment-guidance.pdf
Definitions​​
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Evidence of Permanent Residence – A permanent residence is normally the enrollee’s primary residence. An MA organization may request additional information such as voter’s registration records, driver’s license records, tax records, and utility bills to verify the primary residence. Such records must establish the permanent residence address, and not the mailing address, of the individual. (Pg. 13)
20 - Eligibility for Enrollment in MA Plans
42 CFR 422.50
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In general, an individual is eligible to elect an MA plan when each of the following requirements is met: ...3. The individual permanently resides in the service area of the MA plan (see exceptions in §20.2 for persons living outside the service area at the time of the enrollment request)...An MA organization may not impose any additional eligibility requirements as a condition of enrollment other than those established by CMS in this guidance. (pg. 17)
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20.2 - Place of Permanent Residence 42 CFR 422.2 and 422.50(a)(3)
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An individual is eligible to elect an MA plan if they permanently reside in the service area of the MA plan. A temporary move into the MA plan’s service area does not enable the individual to elect the MA plan; the MA organization must deny such an enrollment request. (pg. 18)
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A permanent residence is normally the primary residence of an individual. Proof of permanent residence is normally established by the address of an individual’s residence, but an MA organization may request additional information such as voter’s registration records, driver’s license records (where such records accurately establish current residence), tax records, and utility bills. Such records must establish the permanent residence address, and not the mailing address, of the individual. If an individual puts a Post Office Box as their place of residence on the enrollment form, the MA organization must contact the individual to confirm that the individual resides in the service area. If there is a dispute over where the individual permanently resides, the MA organization should determine whether, according to the law of the MA organization’s State, the person would be considered a resident of that State.
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50.2.1 - Members Who Change Residence
MA organizations may offer (or continue to offer) extended “visitor” or “traveler” programs to members of coordinated care plans who have been out of the service area for up to 12 months. The MA organizations that offer such programs do not have to disenroll members in these extended programs who remain out of the service area for more than 6 months but less than 12 months. (pg. 108)
Medicare advantage plans are required to follow and adhere to Medicare Laws at all times. These are from the laws that govern them.
The use of the word "normally" implies that there are situations that allow your permanent residence to not be your primary residence.
If your primary residence is still connected to taxes, driver's license and voter registration, they allow an option to prove residency by providing paid utility bill statements/receipts.
Medicare laws clearly use the words "permanently resides" and did not define a time period such as having to remain in the service area for more than 6 months or having to establish a domicile, or legal residence in another state.
Medicare laws clearly use the words "permanently resides" again and did not define a time period such as having to remain in the service area for more than 6 months or having to establish a domicile, or legal residence in another state.
The use of the word "normally" implies that there are situations that allow your permanent residence to not be your primary residence.
The statement clearly defines what they are looking for, which is two things:
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You have a permanent residence in the state
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This is an address where you are not just receiving mail, such as a PO Box or friend/families house.
This is the law that allows us to provide a plan that allows you to be outside of the service area for up to 12 months.
Medicare Advantage and Part D Enrollment and Disenrollment Guidance (2024 Update)
(Medicare Law)
https://www.cms.gov/files/document/cy2025cdenrollmentanddisenrollmentguidancepdf.pdf
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20.3 – Place of Permanent Residence 42 CFR §§ 422.2, 422.50, 422.54(b), 422.66(d), 422.74(b)(3)(ii), 422.74(d)(4)(iii), 423.4, 423.30, and 423.38(c)(7)
An individual is eligible to enroll in an MA or Part D plan if they permanently reside in the plan’s service area. Permanent residence is not:
• A temporary move into the plan’s service area;
• Living abroad; or
• Incarceration...
Generally, the individual’s primary residence establishes proof of permanent residence. There are instances where the individual has multiple residences or has a mailing address that is not the location of their permanent residence. A plan may request additional information that establishes the permanent residence address that is not the mailing address of the individual, such as:
• Voter registration records;
• Driver’s license records (where such records accurately establish current residence);
• Tax records; or
• Utility bills. (pg.15)
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Enrollee Uses “Visitor/Traveler” Program in MA Plan
Consistent with § 422.74(d)(4)(iii), an enrollee may remain in the MA plan if the MAO offers “visitor” or “traveler” programs for enrollees who are consecutively out of the area for more than six months but less than 12 months, provided the MA plan includes the full range of services available to other enrollees. For more information on the “visitor/traveler” program, see § 60.2.1.
This was a 2024 update to the previous law above. This year, we had many changes in election periods and drug coverage, so the update was necessary.
This document, and these selected sections and subsections further amplify the language used is "permanent residence" as we discussed above. And also distinguishes between needing to verify that it is not a mailing address and that proof that it is a permanent residency can be provided from paid utility bills.
This statement echos the original law about being able to be outside of the service area for up to 12 months if you are able to access the full range of services (doctors, MRIs, Rx, etc.) and not just emergency services, such as being in an HMO.
Medicare & You 2025
(Not a legal document)
https://www.medicare.gov/publications/10050-medicare-and-you.pdf
What should I know about Medicare Advantage Plans? To join a Medicare Advantage Plan, you must:
• Have Part A and Part B.
• Live in the plan’s service area.
• Be a U.S. citizen or lawfully present in the U.S.
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Service area: An area you must live in for the plan to accept you as a member. For plans that limit which doctors and hospitals you may use, it’s also generally the area where you can get routine (non-emergency) services. Plans can, and in some cases must, disenroll you if you move outside their service area. (pg. 122)
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“Medicare & You” isn’t a legal document. Official Medicare Program legal guidance is contained in the relevant statutes, regulations, and rulings. (pg. 126)
This is not a legal document, so it cannot be used to determine questions like this. Terms like "live in the plan's service area" are never defined.
The language is intentionally vague, so that cannot even be construed as a legal reference.
Here is where it actually says that it is not a legal document and states that you should consult statutes, regulations and rulings, which is what the two documents in the middle are.
Conclusion
Navigating Medicare Advantage eligibility as a snowbird can feel confusing, especially when you're balancing time between two states. But the key takeaway is this: if Florida is your permanent residence, you are fully within your rights to enroll in a Florida-based Medicare Advantage plan—even if you spend part of the year elsewhere.
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The guidance provided here is grounded in official Medicare regulations and contractual language from real plans like the Humana Full Access Giveback PPO. These are not loopholes—they are legitimate, well-defined pathways that many have used successfully, with full approval from Medicare.
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If you’ve had doubts or heard conflicting information, I hope this page has helped clarify the facts. And if you still have questions, I’m here to help you make sense of it all—because understanding your options is the first step to getting the coverage you deserve.