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Which States Allow 36-Month Short-Term Health Insurance in 2026?

About 19 states allow a 36-month total in 2026 and South Carolina allows 33. Which ones rest on state law and which on a paused federal rule.

Short-term health insurance (short-term limited-duration insurance, or STLDI) can last far longer in some states than others. In a handful of states you can buy a single short-term policy and renew it toward a 36-month total — roughly three years of continuous coverage. In others it's capped at a few months, and in six states it isn't realistically available at all.

Quick answer: As of mid-2026, about 19 states allow short-term coverage to reach a 36-month total, and one more (South Carolina) allows up to 33 months. Whether that long duration rests on a state statute or only on a paused federal rule matters a lot — because the federally contingent states could revert to much shorter limits if federal enforcement resumes.

States that allow up to a 36-month total (2026)

StateMax total durationLegal basisKey caveat
Alabama~36 monthsNo state cap; federal defaultAvailability rests on the paused federal rule
Arizona36 monthsState statute (A.R.S. 20-1384)Strong statutory footing
Arkansas36 monthsState statute (Ark. Code 23-79-2002)State benefit mandates apply
Florida36 monthsState statute (Fla. Stat. 627.6426)Some carrier forms may still follow the shorter federal template
Georgia~36 monthsNo state cap; federal defaultAvailability rests on the paused federal rule
Idaho36 monthsEnhanced Short-Term Plan (Idaho Code Title 41 Ch. 52)Guaranteed-issue "enhanced" plan; traditional short-term is capped at 6 months
Indiana36 monthsState statute (Ind. Code 27-4-10-5)Requires a $2M minimum annual limit + core benefits
Iowa36 monthsState rule (IAC 191-36)Strong benefit floors and guaranteed renewability over 12 months
Kentucky36 monthsDOI Bulletin 2018-02Kentucky applies its state benefit mandates to short-term plans
Louisiana~36 monthsNo state cap; federal defaultAvailability rests on the paused federal rule
Mississippi36 monthsNo state statute; federal defaultMost exposed to a future federal reversal
MissouriUp to ~36 monthsConsecutive terms; no statutory total capAny single term over 6 months triggers full Missouri mandates
Nebraska36 months2018 DOI Notice (administrative)All Nebraska state mandates must be included; federal-contingent
Oklahoma36 monthsState statute (36 O.S. 4419)Requires state Insurance Department approval to sell
Tennessee~36 monthsNo state number; federal defaultAvailability rests on the paused federal rule
Texas36 monthsState rule (28 TAC 3.3602)Can't be marketed as guaranteed renewable
Utah36 monthsState rule (R590-286)12-month pre-existing cap; coinsurance capped at 50%
West Virginia~36 monthsNo state cap; federal defaultAvailability rests on the paused federal rule
Wyoming~36 monthsNo state cap; federal defaultAvailability rests on the paused federal rule

Close, but not 36: South Carolina allows an 11-month initial term and up to a 33-month total (per DOI Bulletin 2024-13) — not the 36 months some comparison sites list.

The distinction that matters most: state law vs. a paused federal rule

Not all "36-month states" are equally durable. There are two very different reasons a state allows long-duration short-term coverage:

1. A state statute or rule sets the 36-month ceiling. In Arizona, Arkansas, Florida, Iowa, Indiana, Kentucky, Oklahoma, Texas, and Utah, the 36-month total is written into state law or regulation. That footing doesn't depend on federal policy.

2. There's no state cap, so the state defaults to the federal framework. In Alabama, Georgia, Louisiana, Mississippi, Nebraska, Tennessee, West Virginia, and Wyoming, there is no state duration cap. Their up-to-36-month availability exists only because the 2024 federal rule — which would cap short-term plans at a 3-month initial term and a 4-month total — is currently not being enforced. If federal enforcement resumes, the durations available in these states could revert to those much shorter federal limits. Treat their 36 months as currently available, not permanently guaranteed.

Idaho is its own category: its Enhanced Short-Term Plan runs up to 36 months, is guaranteed issue, and covers a near-full set of essential health benefits — while a traditional Idaho short-term plan is capped at a 6-month total.

Important: "36 months available" is not "36 months guaranteed to you"

Even in the strongest states, a few realities apply:

  • These plans are generally not guaranteed renewable — the total duration is a ceiling, not a promise. Renewal terms depend on the specific plan.
  • Short-term coverage is medically underwritten in most of these states, so you can be turned down or have pre-existing conditions excluded.
  • It is not ACA minimum essential coverage. It doesn't have to cover the essential health benefits, and it won't qualify you for premium subsidies.
  • In Florida, the specific carrier's approved form controls the term you can actually buy — some may still follow the shorter federal template.

Which states do NOT allow long-duration short-term coverage?

Sixteen states cap short-term coverage well below 36 months or don't offer it at all. Ten restrict it to a short window (for example, roughly 3–4 months in Maryland, North Carolina, Oregon, Pennsylvania, and Virginia; about six months per year in Michigan and Nevada). Six more — California, Colorado, Illinois, Minnesota, New Mexico, and Rhode Island — effectively don't have a short-term market at all. See our companion guides on short-term duration limits by state and where short-term medical is banned or unavailable.

Key takeaways

  • About 19 states currently allow short-term coverage up to a 36-month total; South Carolina allows 33 months.
  • In roughly half of those, the 36-month total rests on state law; in the other half it rests on a paused federal rule and could change.
  • Long-duration short-term coverage is still not comprehensive coverage — for a genuinely long-term need, an ACA marketplace plan is usually the better fit.

Get help comparing your options

Duration rules change, and the right choice depends on your health, budget, and how long you actually need coverage. As an independent, carrier-neutral brokerage, we can help you compare what's genuinely available in your state — at no cost and with no obligation.

MG Matthew T. Giberti Licensed Expert · NPN 20698856 · Updated July 2026

This article is general information, not insurance or legal advice. Regulatory details reflect state law and guidance as of the last-updated date and can change; confirm current terms before you enroll. Reviewed by Matthew T. Giberti (NPN 20698856). Last updated: 2026-07.