How’s this for twisted: An insurance company, Horizon Blue Cross Blue Shield, have demanded that the parents of minor children who suffer from anorexia turn over their children’s writings on MySpace and Facebook, as well as any emails where they discuss their problems.
The insurer says that eating problems are not “biologically based” and are therefore not covered. From Law.com:
In December, U.S. Magistrate Judge Patty Shwartz ordered the plaintiffs to turn over by Jan. 15 the children’s e-mails, diaries and other writings about their “eating disorders or manifestations/symptoms thereof, and related health conditions” that had been “shared with others, including entries on Web sites such as ‘Facebook’ or ‘MySpace.’”
On Tuesday, Shwartz ordered the plaintiffs to certify by Feb. 15 whether they have produced everything in their possession in response to the discovery order and what steps they have taken to comply.
Shwartz’s December order narrowed the scope of an October order that was not restricted to writings shared with other people. The plaintiffs had asked Shwartz to reconsider the October order on the ground that the writings were therapy tools, not meant to be shown to others, and that their disclosure would cause anxiety and possibly even a relapse.
Aww, c’mon. That’s messed up. Does a court really need to dissect some poor kid’s miserable diary entries to figure out if a disease is biologically based?