Tracking Devices


#1

Hello, Thanks for the forum.

Can your LTD insurance provider or a third party agent require someone on LTD to wear a monitoring device like a Fitbit?

Steve


#2

This makes me laugh-like a court ordered ankle bracelet!
Who is the third party agent-if your Insurer is paying for you to have treatment, that treatment providers first duty is to your well-being. They have an obligation to you-look up their code of ethics/regulations.
I am not a lawyer and can not wait for the response on this one.
Who is liable if it breaks or is lost? Is there any peer-reviewed or research that shows the accuracy or benefit of the fitbit and devices similar? You have a duty to cooperate and participate in getting better, however, that seems fairly degrading to me.
Wow.


#3

I like Allyoops can only say wow to this one. The answer of course is absolutely not - they could never “require” you to wear a Fitbit…BUT…if you are using a Fitbit on your own, and you are involved in a lawsuit against the LTD insurance company, then they could require you to produce the Fitbit data as part of your duty to disclose all relevant information.

This has long been the case with cell phones. The police and people involved in lawsuits can subpoena cell phone records, including the cell phone company’s records to show what cell towers your cell phone “pinged” so they can know your location. Again, this can only happen in the context of a criminal investigation or a civil lawsuit because otherwise you are protected by privacy legislation.

An insurer would have no right to this data outside of a lawsuit – in my opinion.