Your Rights as a Chronic Pain Patient

Your Rights as a Chronic Pain Patient

Chronic pain is real — and so are your rights. Whether you’re managing pain from an injury, surgery, autoimmune condition, or another chronic illness, you deserve compassionate, evidence-based care without discrimination, judgment, or neglect.

1. You Have the Right to Be Treated with Dignity and Respect

Pain is subjective — only you can describe it. Healthcare providers must respect your self-reported pain levels and not dismiss or minimize your experience.
Federal law: The Americans with Disabilities Act (ADA) protects individuals with chronic pain and related conditions from discrimination in healthcare and public services.

2. You Have the Right to Access Medically Appropriate Treatment

You are entitled to an individualized care plan — not a “one-size-fits-all” restriction.
While opioid misuse is a legitimate concern, pain patients should not be punished because of the opioid crisis. You have the right to:

• Be evaluated as an individual, not a stereotype.

• Receive appropriate pain management, whether through medication, therapy, or integrative care.

• Request referrals to pain specialists, mental health providers, or rehabilitation programs.

Tip: Document every refusal of treatment. Ask providers to note in your medical record when they deny a medication or referral — and ask for the clinical reason in writing.

3. You Have the Right to Informed Consent and Shared Decision-Making

Before any treatment is started, changed, or stopped, you have the right to:

• Be informed about risks, benefits, and alternatives.

• Participate in decisions about your own care.

• Refuse a treatment that feels unsafe or inadequate.

If your provider discontinues pain medication abruptly, you have the right to request a taper plan and withdrawal management support.

4. You Have the Right to Be Free from Stigma and Discrimination

You should never be labeled “drug-seeking,” “noncompliant,” or “difficult” simply because you advocate for your needs.
Discrimination based on a chronic condition, disability, or medication use is unlawful under:

• ADA (Americans with Disabilities Act)

• Section 504 of the Rehabilitation Act

• Civil Rights Act (Title VI)
  
  

If you believe you’ve been discriminated against, you can file a complaint with:

• The U.S. Department of Health and Human Services Office for Civil Rights (OCR)

• Your state medical board or licensing authority

• The Centers for Medicare & Medicaid Services (CMS) (if applicable)

5. You Have the Right to Appeal Insurance Denials

If your insurer denies pain treatment (including medications, injections, or compounded prescriptions), you have a legal right to:

• Request a written denial letter stating the reason and criteria used.

• File an appeal with supporting documentation from your provider.

• Request an expedited review if delay could cause harm.
  
  

Medicare and insurance law require that all covered services be “reasonable and necessary” — but that determination must be based on your medical condition, not general policy restrictions.

6. You Have the Right to Compassionate Care

The National Institutes of Health (NIH) recognizes chronic pain as a disease in itself — not just a symptom. That means:

• Pain management is an essential part of healthcare.

• Providers must balance safety with compassion.

• Mental health support should be part of your treatment plan, not a substitute for physical care.
  
  

7. You Have the Right to File a Complaint or Seek Advocacy Support

If your pain is being undertreated or your provider refuses to treat you:

• File a complaint with your state’s medical or pharmacy board.

• Contact AKG Advocacy for help documenting your case and understanding your options.

• Report discriminatory care to HHS Office for Civil Rights or CMS if it involves a Medicare or Medicaid provider.
  
  

8. You Have the Right to a Continuum of Care

You should not be abandoned because your doctor retires, relocates, or changes policies.
Providers have a duty of continuity and must provide referrals, medication tapers, and appropriate follow-up care.

How to Protect Yourself

• Keep detailed records of every appointment, prescription, and denial.

• Use AKG Advocacy’s Medical Journal Template to track symptoms and communication.

• Always request copies of your medical records.

• Bring a caregiver advocate to appointments when possible.
  
  

Remember: You are not alone.

Being labeled or dismissed doesn’t mean you’re wrong — it means the system failed you.
At AKG Advocacy, we believe pain patients deserve dignity, understanding, and a seat at the table in decisions about their care.