Pain & The Law

Introduction Statutes & Regulation Malpractice & Civil Actions Palliative Care & Criminal Action Entitlement Programs Agencies & Organizations Mayday Pain Project Multimedia
Entitlements, Disability & Insurance
Social Security Benefits
Medicare & Medicaid
Workers' Compensation
Private Insurance
Disability Discrimination

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Pain, particularly chronic pain, may trigger various government entitlements. These include Social Security disability benefits, Medicare & Medicaid (primarily Medicaid’s hospice benefits) and entitlements under state programs including Workers' Compensation. For those with private health insurance the issue may arise as to whether pain management is covered as "medically necessary." Finally, legislation, particularly the Americans with Disabilities Act, prohibits discrimination in employment situations; such protections may extend to employees who suffer from chronic pain.

General Resources
FindLaw, Government Benefits Law [Findlaw]
Institute of Medicine, Pain and Disability: Clinical, Behavioral, and Public Policy Perspectives (1987) [OpenBook]

 

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