Your rights

In the United States, individuals diagnosed with cancer are protected by a number of federal laws that ensure equal treatment, access to healthcare, job protection, and financial and social assistance. Understanding these rights is essential for patients navigating both the medical and practical aspects of their diagnosis.

Protection Against Discrimination – Americans with Disabilities Act (ADA)

Law reference: Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.)

Under the ADA, individuals with cancer are considered to have a disability if their illness substantially limits one or more major life activities. This law prohibits discrimination in:

• Employment (Title I): Employers with 15 or more employees must provide reasonable accommodations (e.g., flexible work hours, medical leave, remote work options) unless doing so would pose an undue hardship.
• Public accommodations (Title III): Equal access must be ensured in public and private facilities such as schools, restaurants, and transportation.

Patients who are in remission or who have a history of cancer are also protected.

Job and Medical Leave Protection – Family and Medical Leave Act (FMLA)

Law reference: Family and Medical Leave Act of 1993 (29 U.S.C. §§ 2601 et seq.)

FMLA entitles eligible employees to:

• Up to 12 weeks of unpaid leave per year for serious health conditions (including cancer), either for themselves or to care for a family member.
• Job protection and continuation of group health insurance during the leave period.

Eligibility requires having worked at least 1,250 hours over the past 12 months for an employer with 50 or more employees within a 75-mile radius.

Health Insurance Protections – Affordable Care Act (ACA)

Law reference: Patient Protection and Affordable Care Act of 2010 (42 U.S.C. § 18001 et seq.)

The ACA provides vital protections for cancer patients:

• Prohibits denial of coverage based on pre-existing conditions (including cancer)
• Eliminates lifetime and annual benefit limits
• Covers essential health benefits, including cancer screenings and treatment
• Provides subsidies and Medicaid expansion for low-income individuals

Insurance marketplaces under the ACA also allow patients to compare and purchase plans, often with financial assistance.

Privacy of Medical Information – Health Insurance Portability and Accountability Act (HIPAA)

Law reference: HIPAA Privacy Rule (45 CFR §§ 160, 164)

Patients’ medical records and treatment information are protected under HIPAA, which:

• Guarantees confidentiality of health information
• Allows access to personal medical records
• Requires healthcare providers to obtain patient consent before sharing information

Public Services and Support Programs for Cancer Patients

In addition to legal protections, several federal and state-run programs provide practical assistance to cancer patients:

Medicare and Medicaid

• Medicare (for individuals 65+ or with certain disabilities) covers hospital care, outpatient care, and often chemotherapy and radiation.
• Medicaid (based on income) offers comprehensive cancer care coverage in participating states, including prescriptions and long-term care.

Social Security Disability Insurance (SSDI) & Supplemental Security Income (SSI)

Law reference: Social Security Act (42 U.S.C. § 401 et seq.)

Cancer patients may qualify for:

• SSDI: Based on work history, for individuals who can no longer work due to cancer.
• SSI: Based on financial need, for low-income individuals regardless of work history.

Some aggressive cancers qualify for Compassionate Allowances, expediting benefits.

Patient Navigation and Support Programs

• National Cancer Institute (NCI) and American Cancer Society (ACS) offer patient navigators who help coordinate care, explain treatment options, and connect patients to financial aid.
• 211.org provides local resources for transportation, housing, food, and emotional support.

Final Notes

Understanding your rights as a cancer patient is more than a legal formality, it’s a tool for dignity, empowerment, and equitable care. If you believe your rights are being violated, you can file a complaint with:

• EEOC for ADA violations: www.eeoc.gov
• U.S. Department of Labor for FMLA: www.dol.gov/agencies/whd/fmla
• HHS Office for Civil Rights for HIPAA: www.hhs.gov/ocr