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Subject:
From:
Elizabeth Brooks <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Mon, 2 Apr 2018 07:16:18 -0400
Content-Type:
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Well, now, I am as cynical as the next person about the broken healthcare
care insurance system we have in the USA, with multiple providers, varying
coverage, millions who are un- or under-insured, policies that provide too
much of what you don't need and not enough of what you do, etc.

But it is not insurance "fraud" to sell, or donate, medical devices (like
breast pumps) and supplies (like bags) that are legitimately obtained as
part of one's health insurance.  These items are not free -- at all. They
are "paid for" by the insurance premiums that are shelled out by your
employer under your plan, or you individually if you purchased marketplace
(Affordable Care Act) insurance.

The Affordable Care Act provisions assuring lactation care and equipment
are a function of  "preventive care services." One doesn't have to prove
they are breastfeeding, still BFg, or ever BF.  They have to be a woman (by
terms of the law) who is pregnant or may become pregnant.
https://www.healthcare.gov/preventive-care-women/

We can have a legitimate discussion about whether one should try to sell or
donate *used* medical devices (like single-user breast pumps).  The
manufacturers of those pumps would say not to do so ("Please give us your
money for your own new pump, instead ....") and the Food & Drug Admin in
the USA would caution (for infection-control reasons) against borrowing or
buying another person's single-user-designated pump.

But it is not "fraud" to do with an item, legitimately obtained by you, as
you will. You can sell the crutches or ankle boot that your insurance
covered when you broke your foot last year, too.

What *is* fraud is to lie to your insurance company, and pretend that you
got pregnant and delivered a baby, so you could get your hands on that
single-user breast pump to sell on ebay.

What *is* fraud is to lie to your insurance company, and pretend that you
lost or had stolen a durable-medical-equipment multi-user breast pump that
was intended to be **returned** after your short-term use.


-- 
Liz Brooks, JD, IBCLC, FILCA
Wyndmoor, PA, USA
Director, Human Milk Banking Assn of North America (2015-19)
Adjunct Professor, Drexel Univ, Public Policy of Breastfeeding
"IBCLCs empower women and save babies' lives!"-Ursuline Singleton

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