Challenges Change and Innovation in Health Care Delivery - Protecting Consumers From Health Care Fraud

According to the FDA and the Federal Trade Commission (FTC), the lead agencies charged with protecting health care consumers from fraud, common health fraud targets are persons who are battling serious diseases, conditions with no known cure, and persons who are overweight. People who feel frightened or hopeless or those suffering from chronic pain may be especially vulnerable. Officials at these federal agencies cite persons with diagnoses of cancer, diabetes, multiple sclerosis, Alzheimer's disease, HIV/AIDS, and arthritis as examples of consumers who may become victims of fraudulently marketed, frequently useless health care products, devices, and treatments.

Unproven and fraudulently marketed "miracle cures" are nearly always entirely ineffective, although most are harmless. They are dangerous, however, when consumers use them instead of seeking more effective, conventional medical care and treatment. Most victims of health fraud simply lose time and money, but some lose their health, either by delaying needed treatment or by using a product or device that is harmful to their health.

The FTC and FDA urge consumers to exercise caution when purchasing medical or health care devices, products, and treatment. They encourage consumers to view claims of immediate cures or relief of chronic health problems with appropriate skepticism. Basically, the adage "if it sounds too good to be true, it probably is" holds true when evaluating the claims of health care products or services. Examples of such unbelievable and misleading claims are those for dietary supplements that promise, "eat all you like and still lose weight," or devices promising "instant relief from arthritis pain."

The Internet has provided a new arena for unscrupulous purveyors of prescription drugs as well as marketers of unproven health care products and services. It is often difficult for consumers to distinguish between legitimate Web sites that offer pharmaceutical drugs and irresponsible, unsafe sellers of prescription drugs. The FDA warns consumers that Web site purchases are risky—drugs may be counterfeit, doses may be incorrect, or the wrong drug may be delivered. The FDA also advises against filling prescriptions through a Web site that allows consumers to order prescription drugs after simply completing a health questionnaire. Both the FDA and AMA consider a completed health questionnaire as an insufficient, and potentially dangerous, basis for prescribing drugs. Additional FDA warnings include:

• Consumers should not purchase prescription drugs for the first time from sites that sell drugs without a prescription or a physical examination, or sites that sell drugs that are not FDA approved.
• It is unwise to purchase drugs from sites that do not have a registered pharmacist available to respond to questions.
• It is not advisable to order from sites that do not offer a U.S. address and phone number to contact in the event of problems with the drug, product, or device purchased.
• Purchases from foreign Web sites are especially risky because the U.S government cannot take any action if consumers are victims of fraud or receive otherwise unsatisfactory service.