Federal duration limits are in flux, so verify before you buy
The permitted length of a short-term plan has changed three times in eight years, and it is unsettled again. According to healthinsurance.org's tracking of the rules, plans sold before 2019 were limited to under three months, a 2018 rule allowed initial terms of up to 364 days with total duration up to 36 months including renewals, and a rule effective September 1, 2024 cut that to a maximum of four months of total duration including any renewals.
That 2024 limit is now largely unenforced. healthinsurance.org reports that in August 2025 federal regulators announced they would not enforce the 2024 duration limits, and that as a result 36-month plans became available again in many states. KFF's late-2025 review adds that formal rulemaking to roll back the 2024 restrictions was targeted for completion by the end of 2026.
Practical takeaway. Do not rely on any duration figure you read, including these. Ask the carrier in writing how long the specific policy runs, whether it can be renewed, and what happens at the end of the term. Then check your state insurance department, because state limits are frequently stricter than federal ones and are not affected by federal non-enforcement.
| Period | Federal duration limit | Status |
|---|---|---|
| Before 2019 | Under 3 months total | Superseded |
| 2019 through August 2024 | Up to 364-day initial term, 36 months total with renewals | Superseded, then effectively revived |
| September 1, 2024 rule | 4 months total including renewals | Adopted, then subject to federal non-enforcement from August 2025 |
| 2026 outlook | Rulemaking to roll back the 2024 limits targeted for completion by end of 2026 | Unsettled, confirm with carrier and state |
Two federal requirements have been consistent throughout. Short-term plans must display a prominent notice stating that the coverage is not comprehensive health coverage and is not required to comply with federal market requirements, and the coverage does not count as minimum essential coverage. The second point has a consequence most buyers miss: because it is not minimum essential coverage, losing a short-term plan does not trigger a marketplace special enrollment period.
What these plans exclude, and where you cannot buy one
Coverage varies by carrier, but the exclusion list is remarkably consistent. Expect all of the following unless the policy explicitly says otherwise in writing.
- Pre-existing conditions. The core exclusion. Typically defined broadly enough to capture any condition with symptoms, treatment or medication in a lookback window, and applied for the full policy term.
- Maternity and newborn care. An ACA essential health benefit, almost universally excluded from short-term plans, along with fertility treatment.
- Mental health and substance use treatment. Often excluded outright or subject to tight visit and dollar limits. Federal parity requirements do not apply the way they do to ACA plans.
- Preventive care at no cost. ACA plans must cover a list of preventive services with no cost sharing in network. Short-term plans generally do not, and some cover no preventive care at all.
- Prescription drug benefits. Frequently replaced by a discount card. Specialty drugs are effectively uncovered.
- Pediatric dental and vision. Essential benefits under the ACA, not required here. See standalone dental and vision options if you need them.
- Habilitative and rehabilitative services. Physical therapy, occupational therapy and durable medical equipment are often capped or excluded.
State availability
KFF reports short-term plans were sold in 36 states as of its late-2025 review, with five states prohibiting them outright and nine states plus the District of Columbia having no plans available because state rules make them impractical to sell. healthinsurance.org's state-by-state tracking counts 15 states plus DC where short-term coverage is not available to consumers for 2026. States that permit them often impose their own duration caps, benefit mandates and rating rules that are stricter than federal law.
Because availability shifts with state legislation and carrier filings, treat any list you find as a starting point and confirm with your state insurance department. If short-term coverage is unavailable where you live, the realistic alternatives are a marketplace plan if you have a qualifying event, Medicaid or CHIP if your income qualifies, COBRA continuation from a prior employer, or in some cases a student health plan or a spouse's employer plan through its own special enrollment window.
A workable sequence if you have a coverage gap
Check Medicaid and CHIP eligibility first, since they enroll year round and cost little or nothing. Then check whether any event in the last 60 days gives you a marketplace special enrollment period. Then price a subsidized marketplace plan, because at 2026 average net premiums of $178 a month it is often competitive with short-term pricing. Then price COBRA, which preserves your current network and deductible credit. Only after all four should a short-term plan be your answer, and then only with a hard end date and a written copy of the exclusions. Our comparison of short-term versus ACA coverage walks through the same decision with worked numbers.
Sources & further reading
- healthinsurance.org — Short-term health insurance rules, duration limits and state availability
- KFF — Examining short-term limited duration health plans, late 2025
- KFF — 2026 marketplace enrollment, premiums and deductibles
- RealCostReport — Short-term health plan pricing, 2026
- eHealth — Average cost of individual and family health insurance
- HealthCare.gov — What marketplace plans cover, essential health benefits