 Or they can get the policy, but not for the particular condition that will require medical attention. The Affordable Care Act prohibited insurance from factoring in pre-existing conditions, but that didn't apply to Medigap. A bill that would have changed that was introduced in the California legislature this year. It would have created an open enrollment period for Medigap every year, so seniors could opt in or out each year and not be denied, or get charged exorbitant premiums due to pre-existing conditions.