Monday, July 23, 2012

Barack Obama | Elyssa Durant: Applying Federal Law to Support Mandatory Coverage

Applying Federal Law to Support Mandatory Coverage

by Elyssa Durant,
July 25th 2009 9:59 AM

Underwriting the Social Contract: Distributive Justice & Health Care Reform

The Problem Statement

As health care costs climbed exponentially in the 1980's, so did the cost of health insurance plans. As a result, employers began to enroll their employees in managed care organizations, and many Americans were forced to leave their traditional indemnity type plans. With the advent of the health maintenance organization, there is a financial incentive for the underutilization of care. (Blumstein, 1996; Davis & Shoen, 1996).

In order to reduce financial risk, health insurance companies have restricted enrollment to individuals in poor health. By covering the minimal standards of treatment and excluding high risk groups altogether, major US insurance companies have realized that the health insurance market can a be an extremely profitable industry. The public sector absorbs the cost of unreimbursed care for chronic care in America (Robert Wood Johnson Foundation, 1996). Based upon these findings, it seems clear that the money being removed from the health care marketplace is fattening the pockets of CEOs and majority stockholders.

Recent trend towards localized government leaves individuals without a financial safety net. This is the least efficient manner to handle health care costs, and evades the premise that medical care is a natural right in a civilized society. Few Americans feel secure within the current system. The rising costs of medical care contributed to the recent market changes in both the administration and delivery of health services. The financial incentive to cover only the healthiest individuals ignores the fact that medical care is a social good.

Health Insurance Portability Act of 1996

Two years after the Clinton Health Plan was defeated in Congress, Senator Ted Kennedy and Nancy Kassebaum introduced the Kennedy-Kassebaum Bill in response to growing concerns about selective enrollment procedures used by health insurance companies in the private sector. In the final version of the Bill, insurance companies must limit preexisting condition clauses to twelve months. It has been estimated that this provision of the Bill will help an estimated 150,000 Americans obtain health insurance coverage.

There are many levels of the underinsured, including those without any coverage; effective policy must address the needs of the total population without shifting costs from one disadvantaged person to another. Kennedy-Kassebaum fails to address the cost issue—the primary concern for those at risk for losing their health insurance. It does nothing to help the uninsured acquire a decent health policy, and then provides no solution to the critical issue at hand— cost

Since Kennedy-Kassebaum does nothing to control the cost of health insurance and medical care in America, the Bill fails to respond to the issue of greatest concern to the citizens of this country: the cost of medical care. The Bill looks towards the states to develop consumer protections and weakens the regulatory role of the federal government. The majority of the American public is unaware of the fancy footwork involved with this legislation, and the demographics of the population it is intended to protect. In order to assess the utility of this Bill, it is critical to identify the populations at risk for loosing health insurance coverage and the underinsured.

Kassebaum-Kennedy focuses on a slim portion of the uninsured population, and those who would be eligible for COBRA continuation (Consolidated Omnibus Reconciliation Act of 1974). Of the 41 million uninsured Americans, only about 150,000 are expected to benefit from this legislation. The Health Insurance Portability and Accountability Act of 1996 is really nothing more than smoke and mirrors since it fails to address the true issue at hand—the simple fact that the cost of quality health care in America is becoming a privilege that only the wealthy can afford.

The Cost of Care for Pre-existing Conditions

An individual with high blood pressure may just require prescription medication. Cancer patients in remission may require chemotherapy, and a person suffering with a degenerative disease may be involved in treatment studies. Each condition requires individualized treatment that cannot be based upon the simple economic/cost-benefit analysis used in the utilization review process by large insurance companies. Clearly, the most effective treatment for one patient may not be the best for another. The time required for utilization review may present additional health risks and complications to a patient suffering from a chronic health condition.

Twelve months without insurance coverage may be financially devastating to some patients, and 63% of Americans have already forgone some type of medical treatment within the last year due to financial constraints. Publicity surrounding Kennedy-Kassebaum has hailed the bill as the "be all and end all in progressive legislation, however, in actuality it will only help about 150,000 people.

Recent studies have found that the majority of the uninsured population simply cannot afford to pay the premiums (Donelan et. al., 1996; Hoffman & Rice, 1996). According to their data, only 1% of the Uninsured population is due to current health status and exclusionary preexisting clauses, yet an overwhelming number of insured respondents reported an inability to receive medical care for chronic conditions. The majority of Americans with chronic illness are covered by some type of insurance, yet they are still subject to the utilization review process and access problems that deny or delay medically necessary treatment (Donelan, et. al., Hoffman & Rice, 1996).

Underwriting the Solidarity Principle

Traditional forms of insurance underwriting required that the contract explicitly state which illness or services are not covered by the policy, in advance. If the underwriter did not specifically state a certain condition in the contract, the insurer was held to the terms of the contract and required to pay for services utilized by the policyholder (Stone, 1994, as cited in Durant, 1996).

Increasing numbers of for-profit and non-profit insurance companies began to control costs by refusing to insure individuals who they felt would utilize more services. Insurers began to require health survey status questionnaires (refer to attachment A), and even began implementing AIDS and genetic testing to identify high-risk individuals (Brunetta, as cited in Gutmann & Thompson, 1996). In the 1980s, large insurance companies began including sexual orientation as a high-risk category, by using actuarial sound criteria. Such criteria concluded that gay men were a higher risk for contracting AIDS virus and refused to write policies for anyone believed to be homosexual, (Stone, 1994 as cited in Durant, 1996).

By limiting enrollment to the healthiest members of society, selective enrollment undermines the solidarity principle of health insurance (Davis & Shoen, 1996; Snow, 1996; Stone, 1994). By eliminating those who were suspect of using more services than their healthier counterparts use, insurance companies are able to offer rock bottom prices for young, healthy individuals. By excluding preexisting conditions and requiring certain individuals to purchase high-risk policies, the number of uninsured and underinsured Americans continues to grow exponentially (Durant, 1996).

More individuals are choosing not to purchase insurance simply because they cannot afford it. Even among those with employer based health coverage, the policies frequently exclude coverage for long-term illness or care of chronic conditions (MSNBC News Forum, 1996). Without a standard definition of preexisting conditions, these clauses serve as "wildcards" since they allow insurers to deny coverage for any illness that "manifested itself before the issuing date of the policy (Stone, 1994 as cited in Durant, 1996).

This statement allows insurers to deny treatment for benefits and services for the policyholder for undiagnosed illnesses or conditions of which they were unaware. As a result, the insurers began to demand medical histories of applicants and their families in order to identify high risk individuals (please refer to attachment A).

Legitimacy of Distributive Justice

While there is a legitimate role of government to distribute scarce resources among the nation's neediest individuals, sadly this is not the cause for the mismanagement of medical dollars in the United States today. There is a big distinction between an individual being denied prescription medication at their local pharmacy due to a cost-effective formulary developed by their Managed Care Organizations (MCOs), than an individual being denied a liver transplant because healthy livers are a scarce resource. While both may have equally devastating consequences, it is more difficult to rationalize a lost life based upon rigid cost benefit analysis and utilization decisions made according to formulas and cost-benefit analysis of treatment protocols.

"The political controversy over the distribution of health care in the United States is an instructive problem in distributive justice. Good health is care is necessary for pursuing most other things in life. Yet equal access to health care would require the government to not only redistribute resources from the rich, healthy to the poor, and infirm, but also restrict the freedom of doctors and other health care providers. Such redistributions may be warranted, but to what level, and to what extent?" Gutmann & Thompson (Page 178).

Blendon and his colleagues have reported similar findings in public opinion polls from 1992 and 1994 (Blendon et. al., 1992; Blendon et. al., 1994). A recent study by the American Medical Association found cost to be of paramount concern to an overwhelming number of Americans (Donelan et. aI., 1996). Of the 40 million uninsured Americans, only 1% attributes their failure to acquire health insurance coverage to their preexisting conditions. Among the uninsured, cost is cited as the primary obstacle in obtaining health insurance coverage. Only 1% of the uninsured attributes their lack of coverage to a preexisting condition.

Based upon these democratic principles of distributive justice, consistent opinion polls demonstrate the legitimate role and public desire for government regulation of the health care industry. It has become obvious that the federal government must intervene in order to protect natural law rights, the social contract, and the Constitution of the United States. Regulation is needed to protect the individual freedoms, liberty, and the pursuit of "health, happiness, and the American Dream."

If America is to be the "Land of Opportunity," then clearly individual health and wellness should be an ideal to reach for. Current models of distributive justice emphasize public consensus as a legitimate role for government intervention. According to a number of studies by Blendon and his colleagues, the public has reported an overwhelming general concern about health care in this country, (1992, 1993, 1994, 1995, 1996).

State civil courts are backed up with cases where HMOs have violated the First Amendment (gag orders), the Fourteenth Amendment (due process), and the rights of protected classes under the Americans with Disabilities Act. Countless examples of "anecdotal" evidence appear as headlines everyday across the country. (New York Times, 1996; The New York Daily News, 1996; Long Island Newsday, 1996; LA Times, 1996; Picayne Times, 1996; Columbia Spectator, 1996; Columbia University Record, 1996; US News & World Reports, 1996; Newsweek 1996; Healthline, 1996; The Tennessean, 1996; The Albany Times, 1996; The Nashville Scene, 1996). In their entirety, these case reports represent the human tragedy that lies beneath the web of the very worst of American capitalism: corporate greed.

Identifying Populations At-Risk

A study by The Lewison Group in 1996 reveals insight into the private individual health insurance market. Clearly, individuals choosing to purchase health insurance policies for several hundred dollars each month expect their health care needs and expenditures to exceed that amount Regardless of health status, a young healthy 25 year old who purchases an individual health insurance policy can expect to pay well over $300.00 monthly for a health insurance policy with Empire Blue Shield Blue Cross (based upon 1996 rates, current rates available from the New York State Insurance Department).

Since individual policies are not addressed in the Health Insurance Portability and Accountability Act of 1996 (HIPA), an individual policy with Blue Cross Blue Shield of Tennessee excludes preexisting conditions for 24 months (enrollment booklet available upon request). The critical markets in need of reform are the adversely selected individual insurance market, and the state's most vulnerable populations: children; the elderly; the chronically ill; the uninsured; and the underinsured.

For the millions of individuals who have lost their employer based coverage, the cost of private health insurance is prohibitively expensive. Many individuals opt out of the individual market and apply for public assistance when the need arises. Those who have retained their health insurance coverage through their employers are being moved into managed care despite their efforts to retain their indemnity style plans (Davis & Shoen, 1996; The Lewison Group, 1996).

Access to Medical Care

As routine practice, HMOs deny or delay care for all services that are not outright medically necessary. Growing numbers of individuals have suffered irreparable harm, and many have died awaiting approval from their HMO's (The New York Times, 1996; Long Island Newsday, 1996; The Tennessean, 1996; Healthline, 1996). It is hardly a secret that HMOs have fallen short of their promise to provide comprehensive health care for the "whole" individual by emphasizing preventative medicine, using medical management to coordinate care. There is substantial evidence that individuals with chronic conditions receive substandard care in HMOs.

A four-year longitudinal study of medical outcomes found that the elderly, the poor, and persons with chronic conditions were in better health when covered by fee-for-service plans compared with a control group covered in HMOs (Ware et. al., 1996). New statistics released in Washington, DC by the American Medical Association and the Robert Wood Johnson Foundation revealed the direct costs of individuals with chronic conditions account for 75% of direct medical expenditures in the United States (Hoffman & Rice, 1996; based upon the National Medical Expenditures Survey; raw data available on CD from the Department of Health and Human Services Washington, DC). 45% of the American population suffers from at least one chronic illness.

If managed healthcare has been found to deliver inadequate care to this population, then we are looking at 100 million individuals who are potentially facing personal and financial crisis as they are moved into managed care. The public already accounts for the largest payment of direct medical expenditures, which means the millions of dollars being made by for-profit insurance companies are not being circulated into the economy to assist in public health costs care. The industry made a 14.8% profit in the 3rd quarter of 1996, however these medical dollars were removed from health care and used to fatten the pockets of CEO's and majority stockholders (Healthline, 1996).

Based upon a new report from the Robert Wood Johnson Foundation, the direct costs for persons with chronic conditions represent 69.4% of national expenditures in personal health care (Robert Wood Johnson Foundation, 1996). Their direct medical costs are estimated at $4672.00 annually compared with $817.00 annually for individuals with acute illness (Hoffman & Rice, 1996; based upon National Medical Expenditures Survey 1987, not adjusted for inflation). This population is the most vulnerable to complications in their health and with their source of payment. Large insurance companies only provide adequate coverage for acute illness (Donelan et al., 1996; Hoffman et. al, 1996).

Medicaid Managed Care

Following Tennessee's lead, many states have enrolled their medically indigent populations in Medicaid Managed Care Organizations (MCOs). In Daniels v. Wadley, (926 F. Supp. 1305), the court held that TennCare violated the Due Process Clause of the Fourteenth Amendment since such procedures eliminate fair hearings and independent medical review of disputes. The court found the pattern of routine denials of care by MCOs participating in the states TennCare program to violate the Medicaid Act since it compounded the problem of institutionalized waiting periods for medical appeals pending independent review by the Medical Review Unit (MRU), (42 U.S.C. § 1396 (a)(8)).

Furthermore, the court ordered federal injunctive protection to participants and beneficiaries because no state law may preempt federal law by depriving individuals of their constitutional rights. The Department of Health and Human Services (HHS) was ordered to revise its utilization review procedures for TennCare recipients in keeping with the Medicaid Act (42 U.S.C. § 1396 (a) (8)) ensuring due process protections for all covered beneficiaries by requiring "services are provided with 'reasonable promptness,'" (926 F. Supp. 1305).

This case is one of 543 civil suits pending in the state courts for violations of the Medicaid Act (based upon a Lexis-Nexis search performed December 26, 1996). With the passing of H.R. 3507 into public law, (The Welfare Reform Bill) private citizens will find little reprieve in the federal courts, so any attempts to hold states accountable for violations of federal law will be feeble at best (Denkeret. al., 1996).

Managed care has shown itself to be a farce of "medical management" in light of all the condemning evidence to the contrary. Timothy Icenogle, a medical doctor in the state of Arizona commented in 1981, "We play sort of an advocacy role. I think the public demands something more from physicians than to just be a blob of bureaucrats, and I think we have to take a stand now and then. Our role essentially as patient advocate, is to tell them, well, just because the insurance company is not going to pay, that is not the end of all the resources," (Icenogle, as cited in Gutmann & Thompson, 1996). Never has this statement been needed more than it is today. Unfortunately, as more insurance companies refuse to pay for medical treatment, fewer resources become available for patients in desperate need of financial assistance. As Judge Kessler eloquently stated as she handed down her decision in Salazar v. District of Columbia, No. 93-452, December 11, 1996, "behind every fact found herein is a human face and the reality of being poor in the richest nation on earth, (936 F. Supp. Slip op. At 3).

Perhaps most distressing is the lack of accountability for mismanaged healthcare and improper denials of medically necessary treatment. HMOs claim immunity under ERISA, and leaving individuals without recourse in a sea contractual language and lengthy court calendars. It is evident that individuals protected under the Medicaid Act are not fundamentally different from other populations entrapped in the maze of managed care. They are simply those who have "had their day in court."

Due Process Protections

Since all Americans are theoretically entitled to due process protections under the constitution of the United States, it seems the federal courts are long overdue for making such a public statement. We are wasting precious time and losing millions in valuable human resources as we await decisions to be handed down from state courts. The Supreme Court of the United States has agreed to hear New York's request for an ERISA (Employee Retirement Income Security Act of 1985) waiver, making health maintenance organizations liable for medical malpractice in the state of New York.

When HMOs deny care from patients, it is ludicrous to hold individual physicians liable for the utilization decisions made by decentralized corporate review boards. It is time to take a serious look at tort reform, and demand action by the Supreme Court as they approach the date of New York's ERISA hearing. A blanket court ruling upholding Daniels v. Wadley, and Salazar v. District of Columbia is desperately needed to avoid an avalanche of liability suits filed in state courts. The court must uphold Daniels v. Wadley, and Salazar v. District of Columbia if further lives are to be saved in medicine rather than wasted away in the utilization review procedures. While we wait patiently for District of Columbia circuit court to order injunctive relief, the number of individuals suffering irreparable harm due to the systematic denial of medical care grows larger each day.

The history of Medicaid Managed Care does not provide a very optimistic look into the future of TennCare recipients and Medicaid beneficiaries in states around the country. Dating back to the implementation of the Arizona Health Care Cost Containment System (AHCCCS) in 1981, there are documented cases where "people reportedly died for lack of medical treatment before their eligibility was determined," (Varley, as cited in Gutman & Thompson, I 996). This leaves me to wonder why the states continue to enroll their most vulnerable populations into a system of managed care that has proven to be a disaster.

Perhaps worthy of comment is that Arizona is the only state to have voted Republican in every election since 1948—certainly provides insight into the conservative morale of the state. Although Arizona was the last state to accept the Medicaid cost sharing incentive proposed by the federal government in 1966, it was the first state to force its medically indigent population into managed care in 1981.

Violating Federal Law

Rigid pre-certification requirements and nonspecific utilization review procedures place strategic barriers to access medical treatment and services in Health Maintenance Organizations (HMOs). Pre-certification requirements are strategic barriers incorporated into the "black box" of utilization review that institutionalizes exclusionary waiting periods and routine denials of medically necessary treatment. According to federal law, "care and services are to be provided in a manner consistent with the simplicity of administration and the best interests of recipients," (42 U.S.C. § I 396a (a) (19)). Clearly, such rigid pre-certification requirements that complicate administrative processing and paperwork on the part of the enrolled beneficiaries is a violation of United States Code.

Furthermore, using primary care providers as a mechanism to limit access to specialists not only complicates administrative processing, but limits enrolled beneficiaries choice of health professionals beyond what is available to the general public in the geographic area (42 U.S.C. § 1 396a (a)(30)(A)). Certainly referral procedures do not "assure that recipients will have their choice of health professionals within the plan to the extent possible and appropriate," (42 U.S.C. § 434.29). Under this provision, it seems that any individual, especially those with chronic health conditions or disabilities should be allowed

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Sunday, July 22, 2012

The Illuminati Illusion: Beauty or Beast?

Written by Stevie Nicks.

You're not a stranger to me
And you are something to see

You don't even know how to please
You say a lot but you're unaware how to leave

My darling lives in a world that is not mine
An old child misunderstood out of time

Timeless is the creature who is wise
And timeless is the prisoner in disguise

Oh who is the beauty who the beast
Would you die of grieving when I leave
Two children too blind to see
I would fall in your shadow I believe

My love is a man who's not been tamed
Oh my love lives in a world of false pleasure and pain;
We come from difference worlds we are the same my love

I never doubted your beauty I've changed
I never doubted your beauty I've changed

Changed who is the beauty
Where is my beast (my love)

There is no beauty
Without my beast (my love)

Who is the beauty
Who my love

Where is my beast
My beauty my beauty

My beautiful beautiful beautiful
Beautiful beast

Tuesday, June 12, 2012

My Life with Aspergers

For me, learning I had Aspergers was a huge relief. An "OMG" moment... you mean there is a name for it?

I have always been different.

I find the ordinary world ridden with useless scents, sounds, noise, and people.

People that lie, manipulate and hate.

Manipulative people are a mystery to me. Why not just ask for what you need?

I have always been one to give people what they need. Not necessarily what they want, but what the need.

People don't need that loud blaring music or strong scented perfume.  All it does is provide a distraction. One I can live with out.

When asked questions, I tell people the truth unaware that the truth is not what they want to hear. Kinda like, "do these pants make my ass look fat?" my reply might be, "no your ass makes your ass look fat."

Not exactly what people want to hear, huh?

I notice other behaviors and "oddities" that can now be attributed to Aspergers... not liking to be hugged by strangers; difficulty dancing with people other than myself.. I want to ask, "what do I do with my hands?"

I still get lost in my own head, my own home, my own neighborhood... but I'm finding my way... I may have gotten here a little later than most, but hopefully points are given for starting late and finishing strong.

My life with Aspergers is just beginning... I have much to do...

For now, that's all.

Just me,


Sunday, May 20, 2012

The Black Army: VIPR Teams in Tennessee

Uploaded by elyssadurant on Feb 20, 2012

Most have no tags or temporary tags... But the latest weapon of mass deception are vehicles that have TWO tags from different states!

Specifically Tennessee and Kentucky.

Black Army? Heroes? Hell NO!

Only cowards have to hide behind bullet proof glass and opaque black tinted windows.

Go USA! God bless America!

This is some of the creepiest shit I have ever seen but was unable to upload live footage since my internet suddenly got disconnected.

Garbage Trucks with liquid tanks using hoses and flashlights in back alleys; hiding behind dumpsters; turning off headlights to avoid detection?


School buses and taxis parked for hours with strobe lights using GPS 4D technology for surveillance -- that is fed to four separate locations and stored on USB!

All utility companies now have sub-contractors rewiring shit without any ID, temporary tags and plates from multiple states... No way to verify identity caught on film jumping out of running vehicles and cutting wires at utility poles?



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Military USA TN Black



You're all fucking suspicious! Especially the Cops! ;)

Friday, May 18, 2012

ASSHATS: Government Sponsored CyberCrimes

Foto File © 2012

TEST 12:58

I first started posting this blog shortly after my 35th birthday. It was a gift to myself so I could live my life without being too scared that I might be discovered for being a little bit crazy, a little bit lonely, and making a whole lot of noise.

I started by disclosing my deepest secrets, often exposing to my deepest fears. Initially I chose the motto: "Too old to start over, Too young to forget."

Eventually that moniker evolved into something a little more challenging and inspirational, "Too old to start over, Too young to give up."

Now that my 36th birthday is just around the corner (actually, more like an intersection) I plan to spend the last few days I have in this demographic bracket uncovering some the essays I have written that still need a little tweaking, and a whole lot of twacking! So be prepared to find a few typos, a few disconnected thoughts without making an obvious transition. Because I am naming the next phase of my life, you know, the "35 and up" phase, "Chapter II: A Little Bit Older, And a Whole Lot Bolder."

I have enjoyed the feedback I have gotten from so many people from all walks of life who have written in response to something I have written. Women I have never met, from places I do not know.

Women like Joy and Cat who encourage me to keep writing even if they disagree with some of my core values or excessive use of profanity. Women (or men) who have somehow managed to stumble across my writings in one of their many raw forms without realizing that just by contacting me, much of the fear and hesitation I once felt about publishing my collection of personal (and professional) essays have been replaced with a new found sense of pride and accomplishment. Fear and uncertainty have are quickly evolving into confidence and proliferation.

Personally, professionally, and spiritually, I hope to continue "kicking ass and taking names," because at this point in my life, I may actually start doing that a little bit more.

You will notice that I am reclaiming my name and uncovering the many aliases I have used over the years... I am done hiding.

I'm am not perfect, and I will always struggle with my obsession to find just The Write Words, but I'm guessing it is probably good enough. Probably good enough so that most people will won't even notice if I forget to capitalize a proper noun or if I end a sentence with a preposition. So be it.

You may also notice that I am reclaiming my name, and will be using try to cut down on the number of anonymous postings I listed under an alias because I was afraid I would be embarrassed if my work was not well received.

I am ranges from the less obvious accounts I have created to maintain a bit of distance between myself and my classmates, peers, and colleagues, but in addition to "Miss Elyss" or "Lyssie D." I am even willing to admit that I have created so many login accounts and user names to post anonymously, that I have forgotten most of the passwords to access my own content. But I am rather proud of the creativity I demonstrated when I came up with two of my personal favorites, "I.M.Phobic" and "EyePhobic." I never could get into that whole IM thing, webcam or chat rooms! The way I see it, it is bad enough i need to put on clothes and make-up to leave the house-- I'll be damned if I have to put on make-up to send an e-mail!

Yes, they were all me. They are a pert of me, because like so many women-- no... like so many people... I'm a little bit of everything... so for those of you who are listening and even to those of you who just wish I would shut the fuck up already; be careful what you wish for! The more content I create, the easier it becomes to let go... and the more I let go, the more I can heal. The more I can heal, the more I can focus on the academic issues that will always be my first and primary area of interest. However, it seems rather obvious to me now that the only way out is through. So, I will continue to write through the dark and hope that it I can become more present minded rather than being trapped by memories from the past.

To Joy, Cat, TA James, and a few others, thanks so much for the gift. I hope I can make you proud!

The curious can find anything and everything! I often wonder why it is so much easier for others to to get my information about me than it is for me to get about myself!

I'm a digger. To be clear, that is "digger." I never use the "N" word, and I'm way too proud to marry for money.

I'm a digger. I love information. I love to find, I love to collect it, but most of all, I love to use it.

I love to dissect it, analyze it, formulate new questions and ponder the answers. I love the journey of natural inquiry... never knowing where my racing mind will take me, often surprised surprised by the answer, but always, always intrigued by the things I encounter along the way.

So I set out to find the answer to one question, and instead I find myself asking a million more. It keeps me up at night, and allows me to avoid the day.

My life is not unexamined, and my thought patterns may be far from typical, but the things I have learned along the way are by far the most intriguing and most unique. I am not afraid to ask questions, nor am I afraid that I don't have all the answers.

As a digger, I do know that it is the path least taken: the creative, atypical mind; that is riddled with creativity, tangential thoughts and questions that often deliver the most interesting answers. But sometimes, it is the answers that deliver us to the most interesting questions.

We often think that questions drive the inquiry-- at least that's what they tell us in school. To use the "Scientific Method." And of course, to never, ever color outside the lines. But aren't the best discoveries the ones we weren't searching for? The unexpected gift... the non-occasion.

The beauty is in the every day. The challenge is in the unexpected. Call me crazy if you like (and many have) but I can assure you that there will come a day when all of that R.A.M. will come in handy. I am definitely asking the right questions... and maybe one day you will too.

Finding my voice has allowed me to appreciate the silence. The hours between dusk and dawn where the rest of the world sleeps and I dig. I dig and I write. I fill the lonely hours with my innermost thoughts, and my very best friend. So as the rest of the world sleeps soundly, surrounded by loved ones in a sanctuary they call home, I fill myself with books, journals and information. Lots and lots of information.

Who would have thought that loneliness can become a family in it's own right? It is always there and it is always familiar. That solitude can become our greatest companion and that strangers can become our best friends.

I miss New York. I miss Dr. Stu. I miss Jefferey and I miss Todd. I miss my wild, brilliant friends plagued by curiosity, insomnia, and creativity.

Hey boys-- guess what? I'm coming home!

Let's go to hot and crusty at 3 a.m. when everything really is, yes, "hot and crusty!" Lets go the Internet cafe across from the Hello Kitty store and wake up old friends that actually dare to sleep when it is dark out???

WAKE-UP TODD! I've been calling you for hours! I have a joke to I want to tell you!

New York, New York... The "City" that never sleeps?

See I don't think it was ever really about the city, I think it is more about the anonymity. Someplace you can be yourself, and never worry about being judged by your in-bred hillbilly neighbors who are, in all honesty, much more focused on raising hell then raising children... To them, I am "strange." I am "weird." I am "Italian." or "Jewish" or "something!" because I talk really really fast!

You are all wrong: I'm from New York!

So while you sleep, I dig. I learn , I question, and I write. But I do it alone, and I'm starting not to like so much.

So for all of you out there who are insomniacs: "writers," "consultants," "perpetually un and underemployed yet overqualified" computer geeks -- please enjoy my video blog below.

I chose a few songs have keep me company at night. Just loud enough to drown out the drunk couple outside my window having yet another domestic dispute, but low enough so that the neighbors downstairs won't complain. Hopefully, you will know some of the selections that have kept me dancing in the living room into the wee hours of the morning, and can learn something about my favorite word if you are paying attention...

You'll find all of my favorites in one place. So enjoy the trip my friends, it's getting early for some, but late for others, and I've got some shit to do before the world wakes up, because to quote John Cougar (or is it Melloncamp?) I Ain't Even Done With The Night!

DESCRIPTION: Everything from my favorite word to my favorite website. There's something in there for pretty much every mood-- songs to make you cry, videos to make you laugh. Political ads that make you sick and some that will give you chills-- but at least they make you feel!!! Finding my voice, and hearing those of strangers has given me the strength I needed to move on.

So for so many of you who have contacted me lately, via the web, via your cell phone, or even by way of a nasty website-- stand tall and stand close because much like fear, courage also rubs off on you somehow when you are surrounded by the right people. So a big shout out, and a sincere word of thanks to all of you who have helped to find my voice once again and the courage to say whatever is on my mind... Say it loud, say it proud, just say it!

I will not be ignored and I will not be forgotten. But guess what, Here Comes the Sun. I made it through night and now it's time to go, because that was SO yesterday! Thanks for giving, good luck forgetting!

Elyssa D'Educrat / Elyssa D. Durant
Nashville, Tennessee / New York, New York

Friday, April 20, 2012

Thursday, April 19, 2012

transition team draft

Is Equal Opportunity Just a Myth?
America claims to be dedicated to equal opportunity, yet equality is not sufficient in urban communities. These kids need more. We need to think about equity, not equality. It is not enough to hide them away. These are visions we should never forget.
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ConTROLLed Opposition or PARAnnoyED #DMCA TAKE DOWN hmmm

SABU took over Lulz Whois domain July 1, 2011.

Registrant Name: Adrian Lamo
Admin Name: Adrian Lamo
Admin ID: CR25623848
Admin Street1: 1 Police Plaza
Admin Street2: #Aspergers section
Admin City: New York
Admin Country: US
"The goberment of Portugal will not extradite me!"

Expires: January 17, 2012
Fuck. That. Shit.


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Anonymous Fraud Lulz Aspergers Hackgate NY USA @ELyssaD Whois


Metro Nashville Police Department continue to cover up crimes by failing to follow established code of conduct in lower income neighborhoods. Police officer writes me up for "suspicious behavior" for video taping a crime scene, then releases suspect claiming there is not enough evidence???
Refuses to take witness statements; refuses to reveal name or badge number and another violent criminal continues to terrorize and assault three individuals within minutes of being released.

No evidence? Check the fucking surveillance cams just above the the scene of the crime.

Hell, check MY surveillance cam! I don't leave home without it!



News; Politics


OccupyNashville Police Crime Evidence Misconduct Cover-Up Tennessee Corruption


Metro Nashville Police Department continue to cover up crimes by failing to follow established code of conduct in lower income neighborhoods.

Some power hungry police officer demands to search my iPhone after he notices I am video taping the MNPD who took three hours to respond to multiple neighbors call 911 after witnessing multiple violent assaults against two women and one man on Monday evening.

I called 911 after two people approached my window threatening my life for being a "cracker Jew bitch" and threw a brick through my window where I was working on two projects about Cointelpro as a driving force behind the Occupy movement that is being funded by The American Nazi Party and the Lucis Trust.

I was interviewing someone who had been involved with Nazi medical experiments and how it effected his four children who suffer with a variety of neurological and psychological problems that are typical of victims of Mengele's subjects.

I had just received notification from the copyright office (USTPO) in Virginia that my submission was approved and was thrilled to learn that my publications would be protected under trademark and copyright laws since I received several take down notices that my publications were being removed due to the sensitive nature (and  knowledge) about the true purpose of organized, controlled opposition as a driving force to escalate domestic unrest designed to incite violence justifying a Police State ushering in the New World Order.

A cop came running after me, demanded to see my cell phone and after running my license to check for warrants (which seemed extreme) and finding none, he wrote up an incident report for "suspicious behavior" for video taping a crime scene, then releases the suspect claiming there is not enough evidence???

Refuses to take witness statements; refuses to reveal name or badge number and another violent criminal continues to terrorize and assault three individuals within minutes of being released.

No evidence? Check the fucking surveillance cams just above the the scene of the crime.

Hell, check MY surveillance cam! I don't leave home without it!




News; Politics


OccupyNashville Police MNPD Corruption Brutality Cointelpro @ELyssaD™  DailyDDoSe™

Metro Nashville Police Investigating @ELyssaD on Twitter

I was trying to de-escalate the situation with the local Police Department since I realize how much danger this city is in given recent laws to persecute Muslims and people who were not born in the United States 287(g)

However, after watching the violence erupting around me, knowing that I am the primary target [thanks to COINTELPRO agent provocateurs] and being questioned by the police about my twitter stream, I really don't give a fuck.

These people have no idea how they are being manipulated by disinformation agents, toxic living conditions and a system that is far more corrupt than even I imagined.

The "monitor" who controls the surveillance cameras clearly has some special deal with Metro because despite all the violence that broke out, he finds the time to threaten, harass and stalk me ignoring the fact that several residents threatened me after spooks came in and told people to stay away from me or they will "get in trouble"

WHAT THE FUCK? I have no history of violence and have never even been in a fight,I weigh 124 pounds and all these people are afraid of me? Do I "look dangerous" because I am quite certain it won't be long before someone makes another attempt on my life. 

Much like Treyvon Martin, I was told police were on there way after a man threw a brick through my window and then chased me down the street. 

I was on the phone with 911 the whole time screaming "HELP, HELP, HELP" yet the police claim they did not want to waste radio space to update status of my call to a Code 3. Are you fucking kidding me?

911 told me to return to the scene of the crime where I was assaulted a second time, and the cops didn't even bother to arrest him or take witness statements. In fact, the officer would not even step out of the car to speak with me because he did not like the way I was dressed.

Because no action was taken against the man that assaulted me and vowed to kill and my father (who just happens to be a former Fed) I constantly carry my iPhone because the cops claim they did not have enough evidence to arrest this man. They never bothered to check the surveillance camera and did not take statements from additional witnesses. 

They did, however take issue with the fact that I placed a video on YouTube and were even more upset that I contacted a former colleague in the Mayor's Office who then requested an investigation. They sent two Lieutenants to my home; one was aggressive and disrespectful and was more interested in what book I was reading and my website than the facts of the case. 

I was told that they would follow up with the other witnesses who would corroborate my story, and that a Special Operations Unit and Gang Unit would be contacted regarding the racial comments that became commonplace every time I left the apartment. 

One man hung up Nazi flags, another started praying in Muslim and all hell broke loose in the neighborhood. I became a target because I was white in a Black neighborhood, and apparently that alone was enough to incite hatred among the other tenants and I feared for life each time I left my apartment, so the police told me NOT to leave my home. THAT IS OUTRAGEOUS.

The other tenants became more and more abusive and violent since they now had a new sense of entitlement because they knew the police would not take action.

It is worth noting that even after I left, the violence continued to escalate and one women was stabbed and several other injured in fights that broke out in the hallway. The cops still did not arrest the people who continue to live in the neighborhood, and some of them have shown up here at my new apartment to harass me and spread rumors.

The neighbors here have suddenly became abusive and overly concerned with my religion and it seems the writing is on the wall. They think my healthy paranoia is "suspicious" and I think their behavior is outrageous.

They constantly stand outside my window and scream at me and the "monitor" called the police on me after he threatened me and told me I was not allowed to go near a "white car." There were SIX white cars, two of which have no tags, so how am I to know which white car is the one who stopped me at the mailbox and told me that two men were knocking at my door and were here to beat me up?

I may very well be the next Treyvon Martin and if so, so be it. I am old enough and experienced enough to know that these people do not see the bigger picture~ that they are being used to as examples to bring down the police state and usher in the New World Order. 

I leave these notes because I do not know if I will get shot at today, tomorrow or next week, and I think it is important to let people know that I have spent my entire life studying gang violence, and have fought hard against police corruption and discrimination so regardless of what happens to me, I do not want my work (or experience) to be in vain.
I am one of the good guys, and if you can't see that by now... then take some time to look through some of my publications which are systematically being removed from the internet by groups like Anonymous, Lulz, and AntiSec.

This breaks my heart, but I am fighting a losing battle. I am starting to question my commitment and given the communities response~ I am not sure if they are worth the sacrifice.

That's all for today. This is the Daily Dose for today. Just me,

Friday, January 20, 2012