I am curious as well. If the need for a mobility aide was indeed warrented, and prescribed by the health care provider, and then ordered and paid for by the insurance company, I see no problem at this point.
Then, if the owner decides that a different mobility aide was better, and the insurance company decided that it was not covered, I do not see how there is fraud in selling one, to get the other. (Segway or not)
Of course, if at some point in the future, you go back to the insurance company for another wheel chair, it would be completely fair for them to ask what happened to the last one, or to deny on the grounds that they already gave you one.
I have permanent and debilitating damage to my right knee, (and resulting complimentary damage to other joints) and have been prescribed and given many different aides over the years that either wear out, or I out grow the need for or several other reasons for their eventual non-use. No current need for a device has been precluded for a previous other device... yet. Luckily for me, I have been able to compensate biologically more often than not, but each year it gets harder, and I surely have good days/weeks/months and alternately, I have bad days/weeks/months.
It would be an interesting test case, that I do not have the guts to try.
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Karl Ian Sagal
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"Well done is better than well said." (Ben Franklin)
Bene factum melior bene dictum
Proud past President of SEG America and member of the First Premier Segway Enthusiasts Group and subsequent ones as well.
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