Billing Secondary rather than Primary insurance for hearing aids

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Does anyone know the answer to this question:

When billing for hearing aids, if the patient has Medicare as their Primary insurance and another insurance (Aetna, UHC, BCBS) for secondary - we know that Medicare will deny the claim & send it on to the secondary, but if the secondary said they don't need a denial from Medicare, can you legally just bypass billing Medicare & just bill the secondary insurance?
 
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