Horizon Blue Cross Blue Shield (HBCBS) of New Jersey denied healthcare benefits to a New Jersey family after discovering private e-mails, journal and diary entries and postings on MySpace and Facebook that it says should be allowed into evidence. The case highlights an issue that many courts are now facing, which is – what types of private information can be introduced as evidence?

The case

The case involves the denial of healthcare coverage for a New Jersey family whose minor daughter suffers from anorexia or bulimia – both serious eating disorders. According to news reports, HBCBS refused to pay for healthcare benefits after discovering that the girl had written about her illness and feelings in diaries, journals and via internet communications such as e-mail and the popular networking sites MySpace and Facebook.

HBCBS claims that the content of these writings may show that the minor may not be suffering from biological issues, but from psychological issues instead. In New Jersey, mental illness is only covered if it is ‘biologically based’. Translation – HBCBS is off the hook if it can show that the girl’s eating disorders are psychological.

What types of private information can be introduced as evidence?

That’s a question that many would like answered – especially in a case like this where privacy issues concerning internet writings are involved. According to the news reports and blogs that have surfaced on the case, HBCBS wants to get its hands on every piece of personal information they can in order to show that the girl’s illness is not biologically based. In addition to e-mails and internet postings, it requested the hard-drives of every household computer in this case. So, will HBCBS be able to get this information?

Issue still being decided

The judge in the case has yet to decide whether the minor’s privacy rights outweigh the use of her personal information in this situation. Other courts around the nation are struggling with the same issues. However, some legal experts say that the use of private ‘on-line’ information as evidence may eventually become commonplace.

Critics have said that HBCBS would have spent less money by just paying the claim instead of fighting it in court and that the insurer may be acting in bad faith by requesting too much personal information. If your insurance company has denied your valid claim, contact an attorney whose practice focuses in this area of law. For a free, no-obligation consultation with a qualified attorney, please click here.