BMI 39.9 or so

For the record, telling you to gain enough weight to be back to 40 BMI constitutes insurance fraud.  Your surgeon clearly explained the risk to you, as did mine.  My insurance would possibly not have paid if I went under the required BMI. I was careful not to be in that situation and at the required BMI on surgery day after the pre-op diet and colon cleanse.

I would call your insurance company and find out what their policy is. I did not even get weighed the day of surgery. They may base it on your initial consult, you need to find out.

My insurance used my initial consult weight. 

Makes no sense to count your weight on surgery day ...   I wouldn't worry about it.

I'm not so sure it would necessarily constitute insurance fraud.   I believe it is a more fraudulent practice to push patients through a series of arbitrary denials in hopes that they will probably die waiting for an approval of some sort--just so they can maximize their bottom line.  I was not advised to do anything illegal or dishonest; they simply advised me that a preoperative diet was not necessary, and advised me of the BMI and insurance requirements.

This two or three pounds constantly rises and falls off me, even more than the three pounds.  On that note, I'm fairly certain they're only going to weigh me at the hospital, for a general chart; the insurance has already approved my surgery.  

Thanks for your help

Just wanted to give an update.  I had surgery on 12 May and have had no issues.  I was discharged yesterday.  I'm just wondering when I should expect to see weight loss results from this.  Someone who I know, who had this surgery also, stated it will take about a week for the weight to start coming off, and that the body is just healing itself at the moment.