The best course is not to directly challenge the policy, but to find an end around it. Some doctors would accept a log with journal entries for the required time frame, for instance. My advice would be to have a frank talk with ya doctor or his/her office staff on how to qualify NOW rather than waiting a year. They probably won't want to directly lie for you ,(why would they assume that risk?), but they may offer YOU some wiggle room for ya own fudging. We ALL know you've tried and failed at dieting for YEARS, so my advice is figure out a way to have that count towards the policy requirements. There is ALWAYS a way around these corrupt policies.
The insurance policy is to delay paying now and hope you lose interest or die waiting. Regrettably, the morbidly obese in this nation are still fair game for mistreatment in all ways possible. Name another people group openly mocked and derided on TV shows, movies,etc. Who are forced to jump through rediculous hoops (psych consults- are you freaking kidding me?!?) before being treated for their life threatening medical condition? There are none. So I say whatever you can do to get the treatment you rightly deserve, you should do. And that includes being a wee bit dishonest if you must. C'est la vie!