The United States government is investigating massive quantities of counterfeit N95 masks that have been recently released on the market. Long-term care facilities should be aware of potential scams and fraudulent personal protective equipment (PPE), including the latest scam with N95 masks.
In at least five states, several hospitals and other healthcare entities have inadvertently purchased counterfeit N95 masks. 3M, the largest manufacturer of N95 masks, has been working with law enforcement to rid counterfeit respirators from the market. There are reports of fake/counterfeit products, as well as fraudulent offers where products are offered but not delivered.
The enforcement actions have resulted in the seizure of millions of counterfeit models 1860, 1860S, and 1870+ surgical respirators. All 3M model 1860, 1860S, and 1870+ respirators imported into the United States from any country are likely to be counterfeit. Healthcare entities should be aware of the following when purchasing N95 masks:
- Both masks and packaging should be labeled with “NIOSH-Approved”
- Legitimate N95s do not have ear loops, but rather straps or headbands, and there are no decorative accents
- “NIOSH” must be spelled correctly
- There should be an approval number on the mask
- Be aware of high cost and large quantities, as these are red flag warnings of a potential scam
The Department of Justice (DOJ) is monitoring and investigating reports of COVID-19 fraud. Report counterfeit medical supplies and other types of COVID-19 fraud to the DOJ National Center for Disaster Fraud. The complaint form can be accessed here.
3M key strategies to lower your risk of accidentally purchasing counterfeit N95 products can be accessed here.
Compliance Perspective
Issue
It is critical that healthcare personnel working on the frontline battling COVID-19 are provided with personal protective equipment (PPE) that gives them effective protection. The purchasing department must ensure that all PPE is obtained from a reputable company. Staff that utilize PPE should be aware of what they can do if they suspect any PPE is counterfeit or does not provide effective protection.
Discussion Points
- Review policies and procedures that guide the purchasing of PPE to ensure they stipulate that PPE will only be purchased from reputable companies. Update as needed.
- Train purchasing department personnel so that they are able to identify and purchase reputable supplies of PPE. Educate staff on the proper way to wear and remove PPE for maximum protection. Train healthcare workers on the steps that they should take if they suspect that PPE may be counterfeit or ineffective in anyway.
- Periodically audit the inventory of PPE to ensure that it fits properly and provides effective protection. Determine that all PPE and other essential supplies are only purchased from reputable companies.
