What to Do If Your Identity is Stolen for Prescription Fraud

Having your identity stolen can be scary and frustrating. But when it’s used to obtain prescription drugs illegally, it can have serious legal ramifications for you. Don’t panic though – there are steps you can take to protect yourself.

How Prescription Fraud Happens

Prescription fraud typically happens when someone gets ahold of your personal information like your name, date of birth, and insurance details. They use this info to pose as you and get prescription meds from pharmacies. Sometimes they may even forge prescriptions from doctors. Either way, it’s fraud and illegal.

Signs Your Identity Was Used

There are a few signs that may tip you off:

• You get bills for prescriptions you never filled
• The pharmacy has records of prescriptions in your name that you don’t recognize
• Your health insurance contacts you about suspicious claims
• You notice medications missing if you legitimately do have prescriptions

First Steps After Discovery

If you suspect your identity was misused, act quickly:

1. Call the pharmacy immediately and speak to the manager about fraudulent prescriptions. Ask them to flag your name in their system to prevent future false claims.
2. Contact your health insurance company’s fraud department. Alert them to the situation and dispute any bogus prescription claims.
3. Report the identity theft to the FTC at IdentityTheft.gov. This helps create a paper trail.
4. File a police report about the identity theft at your local precinct. Make sure to get a copy of the report.

Protecting Yourself Legally

Here are some key things you can do to avoid legal troubles down the road:

• Place a fraud alert on your credit reports. This warns lenders to verify your identity before issuing credit.
• Consider a credit freeze too. This restricts access to your credit report which makes it harder for fraudsters to open new accounts.
• Fill out an ID theft affidavit and file it with the FTC. This helps demonstrate your innocence to businesses.
• Keep a record of all your actions – police reports, letters, affidavits, etc. This supports your case.

Fighting Bogus Prescription Charges

You’ll also need to dispute any false prescription claims made in your name:

• Call your health insurer and pharmacy’s fraud department. Inform them of the ID theft and dispute the invalid charges. Ask for copies of the fraudulent claims too.
• Submit copies of your ID theft affidavit, dispute letters, and police report to the insurance company. This provides evidence that it wasn’t you.
• Highlight how the prescriptions were filled in another city/state or during times you couldn’t have accessed them. This can help demonstrate fraud.

Under Section 681 of the Fair Credit Reporting Act, insurers must conduct a “reasonable investigation” when you dispute charges. If they confirm fraud occurred, they must remove the fraudulent claim from your record. If not, you can add a statement to your file contesting it.

Avoiding Criminal Charges

Since prescription fraud is illegal, there is a chance the police may try to file charges against you. To avoid this:

• Be cooperative with law enforcement and share records to help them catch the real criminal.
• Ask the police not to disclose your name or medical details when reporting the crime to the media – this protects your privacy.
• Hire a lawyer if you do get arrested or charged. An attorney can advocate for you and fight the charges.
• Consider suing the perpetrator once caught. This allows you to recoup damages from ID theft expenses.

Additional Defenses

If efforts to correct your insurance record fail and authorities take legal action, there are some defenses that could help:

• Lack of intent – Argue you never intended to deceive or illegally obtain prescription drugs.
• Lack of knowledge – Claim you were unaware of the fraud and unauthorized prescriptions.
• Mistaken identity – Highlight how the perpetrator impersonated you and you were the victim.
• Necessity – If charged, demonstrate there was no reasonable alternative but to illegally obtain needed treatment.

An experienced criminal defense lawyer can advise on the best defense and represent you in legal proceedings if it comes to that.

Preventing Future ID Theft

To help prevent this from happening again:

• Review statements closely for other suspicious charges or activity.
• Change passwords on your accounts and set up two-factor authentication when possible.
• Consider adding a security freeze to your credit file to restrict access.
• Shred sensitive documents with personal information before discarding.
• Watch out for phishing emails seeking personal data.

Dealing with prescription fraud can be upsetting and complex. But taking quick action to report it while protecting your rights can help minimize the damage.