Look Away at Your Peril, Citizens

Terrible things happen regularly in our world, under the heading of “man’s inhumanity to man.”   At any given time one group of humans are catching hell from another.  For example, in 1921, a group of angry men in Tulsa, Oklahoma decided it was an intolerable outrage that another group of men, men who didn’t look like them, were prosperous while they themselves were struggling economically.   They went on a full-scale rampage, burning down a large section of Tulsa and killing an untold number of the other, hated, ethnic group.  After the pogrom, the survivors of that orgy of destruction, their former fine homes in ruins, were herded into an outdoor holding camp, presumably for their own protection from the still murderous mob.  

We don’t hear much about this particular racist massacre by a group of men who honestly believed they were superior to the people they were slaughtering, and fully justified in their violent actions.  Next year, when the centenary of the massive Tulsa Pogrom comes around, this particular little known slaughter will be placed before the public again. as if for the first time.

We can observe the sickening echoes of history, the sequences of unfolding events that “rhyme” with the most troubling episodes of the past.   We can see a familiar progression before every outpouring of mass rage:  legitimate grievance, harnessed and enflamed by finger-pointing demagogues, an “other” vilified (often as rapists and child murderers) and then, after sufficient time for this malignant brew to fully ferment, the chants begin, torches are lifted, men with guns ride to the rescue, the villains are brought to “justice,” swiftly, violently, without regard to the ordinary niceties for determining guilt or innocence.

It is a human instinct to look away from this kind of horror.   The impulse is understandable, even if it can also be fatal.   Historical comparisons are always slippery, often used to advance supremely idiotic arguments.   Certain things, however, always follow the same pattern.   In times of vast economic insecurity, for example, when massive transnational corporations employ armies of the world’s poorest, at slave wages, to maximize their profit margin, it is predictable that masses of their former decently paid workers, now without the prospect of employment for a fair wage, will rightfully feel betrayed and angry.  Angry people look for somebody to blame.  Demagogues direct their righteous rage towards some historically powerless group, the scoundrels who are to blame for this savage injustice.

It is predictable that when hundred year killer storms become the norm, instead of rare exceptions to the natural order — despite the robust right wing cries of hoax, fraud, lies, hysterical liberal alarmism — people affected by the storms will feel enormous desperation.  Every news report of a deadly tornado in an area that had never seen one, earthquakes in areas that had never had them, another large city flooded by a killer hurricane, landslides, wild fires, drought, rising sea levels causing floods … increases anxiety.  

It’s impossible to fully quell the thought, with the regular front page news of these now frequent natural disasters, that maybe this increasing natural destruction is not all a Chinese hoax invented by evil job-killing enemies who want to destroy our freedom.   The awful thought that maybe a hundred years of man’s wanton pollution has caused this scary change of the climate will creep in from time to time, especially after your own home is destroyed by an aggrieved Mother Nature.

Look away if you must.  Politics has become an ugly blood sport, the instinct to look away is stronger than it’s ever been, by deliberate design of the game.   As you turn your gaze inward to your own life, and making it as good as you can, in spite of the horrors around you, understand that only one side in the tribal wars has been actively and energetically organizing and preparing for this war for decades.  

Right now that side is winning bigly, while the other side cowers, afraid, torn by debate, many of its would be advocates turning away from “politics” and clinging to the things in life that make them feel most comfortable as the terrible rhymes of the worst episodes of history are jangling like ominous, maddeningly loud wind chimes agitated by a killing breeze.

Here in America only one side of our political divide, the extreme right, has organized a methodical long game to “right the scales” in the culture war.   One party now embraces views that, forty years ago, were the unthinkably paranoid, self-interested (and, frankly, racist) magical thinking of extreme fringe fanatics like The John Birch Society  [1].   The well-funded, smartly engineered campaign that created and funded influential “think tanks” to intellectually argue for their preferred public policies and shape national debate, endowed chairs at hundreds of universities for professors who espouse their liberty-loving views, founded, and funded, an influential national society of ambitious young lawyers and law students to ideologically indoctrinate and promote, through a fellow-traveler career ladder, future federal judges who will act as one to advance their agenda, given a case with the wiggle room to do so, funding national “grassroots” campaigns that appear on television to give the appearance of a massive, spontaneous public outcry, really has no analogue on the left. 

The protection of vast financial privilege, inequalities of wealth and grotesquely unequal chances for life or dignity, has long been the project of the privileged.  There is nothing mysterious about this; you or I, if we were cynics, would probably do the same, under these conditions.   If you stand to inherit a billion dollars from the family trust, and the government seeks to claim half of that in a punitive Death Tax, you will donate however many millions you are required to kick in for the cause of keeping it all.

Liberty, in fact, according to this orthodoxy, demands that the government not be allowed to coerce its citizens or unfairly confiscate the rightful property of  citizens.    An army of desperate poor people will be assembled to stand on the mall in Washington D.C. and every other major city and, in one voice, rail against this vicious government intrusion on human freedom!   Give ’em each fifty bucks and a free lunch, pay an additional ten if they make their own signs.   Why not?   That’s democracy in action, after all.   USA!  USA!!!!

The radical right has played a clever long game, learning from its mistakes, tweaking the program like a skilled engineer does to fix bugs in it.  It doesn’t hurt that they have unlimited money to deploy in sustaining their ever more effective long game.  Every beneficiary of the tangible privileges accorded to wealthy followers of the ideology will gladly kick in to advance the agenda for her own children and the children of her children’s children.   This is simply human nature, which you are free to judge, but powerless to do anything about.  

On the progressive side, historically, and presently, we tend to argue from entrenched positions — incremental change advocates (the practical art of the possible) versus institutional change advocates (justice delayed is justice denied).  We have moderates, urging us to not attempt to frontally attack long-time institutional injustices.   We have liberals, telling us that certain intolerable social evils should be reformed, must be reformed, to the extent possible in our divided political culture,  but that it may take a generation or two, or perhaps, as our recent history shows, a century or more.  

We have a few public radicals on the organized left, pointing out, correctly in my view, that the long slide toward autocracy (and bear in mind, the wealthy architects of the right wing revolution, in their hearts, prize their own liberty to be free of social coercion of any kind above everything else– autocracy for all!) cannot be countered with half measures.  We are fighting unscrupulous reactionary radicals, controlling untold wealth, who are busily spending to entrench themselves in permanent power, and only an equal and opposing energy, organizing and willingness to fight can make any difference.

The dilemma in a nation trained from birth to be pliant consumers — if you are appalled by the rapid advance of an extreme right wing agenda, there is really no place you can visit today, and directly participate to fight, that compares to any of the effective and massively well-funded one-stop shops of the formerly radical right.   If you are a young Libertarian, there is an easily findable career network and ready funding, from a variety of sources, for your liberty-enhancing ideas and a group of likeminded idealists ready to welcome you to their ranks.   Young leftists?  Good luck to you finding an organization to work with, finding people to organize, strategize and march with, in your city or town.

So, to the traumatized people of good conscience I know, I understand 100% your revulsion, and the reason you turn away from the ugly spectacle as our nation drops even the pretense of democracy.   It is painful and scary to witness, and a feeling of helpless anger is difficult to sit with.   There are wonderful entertainments to take our minds off this unsettling state of affairs, a host of diverting and excellent, healthy things to do– rather than watch in horror as the dark clouds of autocracy blot out all hopes of the light ever returning.   I get it, absolutely.   

And I will do my best to console you, sickeningly insistent realist (or unhinged, overwrought imaginer) that I am, in the cattle car, on our trip toward the relocation center.   At that point it will be senselessly cruel to remind anyone that all evil needs to flourish is for people of good conscience to look away, to do nothing.   How were you to really know how bad it was actually getting?   The New York Times was not freaking out, that much.

And, more to the point, it is not as if it was our children, or the children of anyone we know, who were snatched from their mothers’ arms and lost in a system of cages spread across many states, in the name of enthusiastically chanting crowds, for the profit of politically connected entrepreneurs who, flushed with a love of liberty, increased their bottom line bigly with government contracts to house these miserable sons and daughters of rapists and drug dealers.  

Do you think that on our way to the retraining center I would be crass enough to reproach anyone for their natural turning away from horror?   Not at all.   You won’t hear a word of reproach from me.  Why would you?

 

[1]  One of these wingnuts, the wildly influential, opiate-addled Rush Limbaugh, was decorated with the nation’s highest medal for a civilian, the Presidential Medal of Freedom, hung around his neck by First Lady Melania.   Why not?   Rush was one of the pioneers of this brutal new politics, and one of the most successful promoters of ideas previously considered too insane to publicly advocate.  Without Limbaugh, you don’t get to Trump.   A grateful president acknowledges his debt, without getting too close to Rush, whose late stage cancer might be contagious, after all.  Wind farms also produce cancer, a shit ton of cancer, people are saying.  You can’t be too careful, if you want to live to see the full ripening of your movement towards absolute liberty from government coercion.

Lest we forget Mr. Trump’s greatest achievement

Fairness demands that I point out that Mr. Trump and his billionaire son-in-law, Mr. Kushner,  have done what nobody in history has come close to doing.   They brought peace to the Middle East by brokering a historic peace deal between the eternally complaining Palestinians and our great democratic allies in Israel.   

Don’t take it from me, here’s Jared Kushner, author of the detailed eighty page plan that solved an explosive and long-festering problem that has generally been considered insoluble.   Jared summarizes his delicate diplomatic work in ten seconds or less HERE.

Our democratic institutions remain as strong as our booming economy

And the natural world has never been a less polluted, safer, more sustainable and harmonious place for all living creatures.

Now that the president has been solidly acquitted of Abuse of Power (no such high crime specified in the Constitution, losers) and Obstruction of Congress (the traitors don’t have the votes to make me obey their so-called “subpoenas”, losers) he is bringing the country back together again.   

About the acts that led up to his impeachment, a hoax he is now trying to have “expunged” from history– he has been completely and totally vindicated.  Any U.S. president, including Trump, can now comfortably do things like withholding military aid to an ally for three months, as they are under attack by a bellicose neighbor,  as leverage to exact a personal political favor– as long as he TRULY, HONESTLY AND SINCERELY BELIEVES HE IS DOING IT IN THE BEST INTERESTS OF THE U.S.A.  He can hide the records of his long campaign to pressure that ally without any consequences whatsoever.  He can have his loyal party vote on acquittal after a trial without hearing any witnesses or seeing any new evidence.  Fair is fair, and it’s always good to have the rules clarified.

To show he understands his impeachment far better than all the wise-ass, well-spoken “lawyers” who tried to make the totally bogus “legal” case against him, he reached down deep for some of his best words:

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In a rare bit of eccentric copy editing, the New York Times quoted the eloquent, often uneditable, president on the rumor that he plans to replace loyal Mick Mulvaney, Koch-funded Tea Party zealot, as acting chief of staff.  Mark Meadows, another Trump loyalist, has been traveling with the president to campaign events, leading to speculation about the change.   Here is the Times, quoting the ever-quotable most powerful man in the world, to somewhat odd effect:

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A great false relationship with Mark Meadows?   Not hard to believe, I suppose.  Everything is a self-interested transaction to the greatest president in American history.   Ask any of his wives [1] or children, or members of his own party who dare to oppose any detail of his rule, or anyone of the countless “losers” he has ever exacted vengeance on for the ultimate crime of “disloyalty”.   Loyalty to this man is a one way street.   

That street is paved with fake gold and leads directly to the ever-angry childish ego of the most powerful man in the world.  It is a street where that man could shoot somebody in the face, according to him and his own lawyers, with no consequence to him — particularly if he sincerely believes he is executing a sick and dangerous criminal traitor who desperately needs to die.

Ah, you’re better off watching this, which I pasted in here accidentally:

 

[1]   One lurid example:

The punitive prenuptial agreement between Donald and Ivanka, The Donald’s first wife, was written by none other than Roy Cohn himself.  Cohn, one of the most evil men who ever exerted undue influence in America, a self-hating gay homophobe who specialized in persecuting his enemies, using, among his most powerful tools, long-cultivated contacts in the press to rapidly spread lies advantageous to his clients, was Trump’s role model.  Cohn died of AIDS he claimed was cancer, disbarred and under criminal indictment at the time of his death.  Trump, who values loyalty above all else,  turned his back on his long-time mentor as Cohn was dying.

When Trump’s original AG Jeff Sessions did the wrong thing (in Trump’s eyes), by following DOJ ethics lawyers’ solid legal advice about recusing himself from an investigation he’d already lied about under oath, Trump, after grunting “I’m fucked!” immediately attacked Sessions for not protecting him like “Roy Cohn”.   “Where’s my Roy Cohn?” he cried out in anguish at the betrayal by DOJ “ethics” weasels who worked for him, seeking the protection of his mythical unconvicted criminal and unrepentant criminal fixer.  Bagpiper Bill Barr stepped forward to give the president such snug, cozy protection it would have given Roy Cohn an erection.   

What to do if your ACA health insurance is illegally terminated

If your insurance company terminates your insurance, claiming you missed a once a year ten-day “grace period”  for payment, go to this site and make an immediate on-line consumer complaint.   The complaint at this agency restored my illegally terminated health care in two business days.   The New York State Department of Financial Services (yeah, I know) now, finally, does the consumer protections functions of the abolished (in 2011) Department of Insurance.  The NYSDFS does what the Attorney General cannot do.  (I know…)

Here are the numbers of two offices in New York City that were enormously helpful while I was trying to have the illegal decision terminating my insurance overturned:

For immediate support, and solid advice during this illegal termination, contact the New York City Human Resources Administration, Department of Health, Public Engagement Unit (212-331-6266  M-Th  9am-8pm  Fri til 6:30).   Alexa at this office urged me to file the NYS Department of Financial Services’s on-line consumer complaint form.  She also assured me, 100%, that the unappealable corporate decision to terminate my insurance without notice would be reversed, which it was.  Bless her.

In addition to excellent and knowledgable support they will direct you to New York City’s new  program, NYC Care.  It  provides an extensive safety net for low-income individuals who lose access to affordable health care.   This wonderful pilot program can save a lot of lives, because it provides for low cost doctor visits long before a too late, ER diagnosis of a fatal stage of a once treatable disease.  This compassionate, life-saving program should be well-known by all New Yorkers and well-publicized until it is.   

NYC Care has a helpline at 646-NYC-CARE (692-2273).  The program is only active in the Bronx, so far, but if you go to any public hospital (Bellvue, Harlem Hospital, Jacobi, Lincoln, Montefiore and others)  you can enroll, at the Financial Planning or Business Office of that hospital, in the low-cost, pay-as-you-go “Options Program”.   

 

Taking Concerted Action in a Budding Autocracy

Once you remove the last legal restraints on a lawless person, the results are easy to predict.  

I’m haunted by the image of Mr. Hitler, already the dictator of Germany for a year and a half, finally sending the Gestapo out to liquidate his enemies in “The Night of the Long Knives”.   Everyone on Mr. Hitler’s voluminous enemies list was murdered that night, June 30, 1934, including a nationally known ultra-conservative politician and decorated German general named Kurt von Schleicher.  He was shot seven times while sitting at his desk, his wife was also killed; a year later Schleicher’s cook, the only eye witness to the shooting, mysteriously drowned. 

The killing of Schleicher was sold the next morning as an act of self-defense by the men sent to take Schleicher into custody for treason.  The Nazi story in the Nazi-controlled mass media was that they’d shot the accused traitor when he resisted arrest by opening fire on them, as desperate, insane traitors often do.  Two weeks later Mr. Hitler could nonchalantly drop the lie during a Reichstag speech and simply tell the nation: “I had Schleicher shot.”  

Even though “jobs are booming, incomes are soaring, poverty is plummeting, crime is falling, confidence is surging and our country is thriving and highly respected again” I am feeling unaccountably uneasy.  I keep thinking of what our infallible leader tweeted right after Mueller’s investigation “completely and totally exonerated” the man about whose obstruction of justice Robert Mueller III wrote “we could not exonerate him.”  

Mueller, the lifelong Republican who completely exonerated Trump, of course —  a traitor– and the treason of his witch hunting partisan investigators is being criminally investigated by the aggressive Attorney General’s most aggressive investigator even as we joyously celebrate the unprecedented greatness of our great land.  Here’s the part of the president’s tweet I can’t manage to forget:

“It is finally time to turn the tables and bring justice to some very sick and dangerous people who have committed very serious crimes, perhaps even Spying or Treason.”

Before he actually gets to do that, I, personally, have to get busy.  Voting every few years for an attractively packaged corporate candidate, the one with the most persuasive public relations campaign, has not prevented the frightening historic moment we find ourselves in.  I have a strong need to sit in a room with other determined people who are organizing to fight the forces of autocracy.  I have a gnawing need not to accept my individual helplessness as a citizen of our great democracy, as even  the pretense of that democracy is poised to perish from the earth.

I found one organization to check out just now, with headquarters in Brooklyn NY.  One of its leaders is one of the women who stopped a sheepish Jeff Flake in an elevator, on the eve of the Judiciary Committee vote to send the nomination of the angry, crying, self-pitying, intemperately partisan “Brett” Kavanaugh to the full Senate, and asked Flake on camera to do the right thing.   The short video went viral.  As the result of this direct public pressure, Flake did as much of the right thing as any Republican not dying of brain cancer can do these days (I refer to John McCain’s thumbs down to narrowly defeat the vote to end the Affordable Care Act, not long before his own death).

We should also pause to note Mitt Romney’s heroic and lonely vote of conscience to allow a fair trial, with witnesses and evidence, prior to the president’s acquittal — an unthinkably radical notion today among Republicans in Trump’s America.  (Susan Collins, shameless apologist for Kavanaugh– among other things–  has to lose her contested election, and good riddance).

Anyway, here’s the organization I want to check out:

The Center for Popular Democracy is an American advocacy group that promotes progressive politics. CPD is a federation of groups that includes some of the old chapters of ACORN. The group’s stated goal is to “envision and win an innovative pro-worker, pro-immigrant, racial and economic justice agenda.” Wikipedia

Alas, not as easy as simply going to their website:
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I’ll have to phone them tomorrow.
“And God bless these United Shayssssh…”

Note to a friend who asked yesterday if I’m depressed

With a sense of great hopefulness, I wrote this note to an old friend yesterday:

Since I’ve now spent the entire day behind the keyboard tapping away, literally nine or ten hours, I have a better answer for you than I did last night.   

I’m not depressed as much as in a constant state of having to keep a watchful eye on my constantly provoked rage at the injustices around us (all rage, of course, believes it is righteous and directed at injustice).  This internal battle is exhausting sometimes, and far from ideal, but better than screaming and fighting all the time.  

I’ve noticed that when I set out the reasons for my feelings clearly on a page, it makes me feel a bit better about the issue that torments me.   I feel distinctly not depressed at such times, after I’ve put the issue down with clarity — I feel energized and hopeful sometimes.  

I took a few hours, from the time I woke up, to sit and write this about the maddening health care situation I told you about yesterday, submitting two identical complaints, receiving two completely different outcomes:  CLICKEZ ICI 

I later decided to start tackling the issue more directly, in a way that could be more useful to my fellow citizens, and wrote the attached letter to the NYS attorney general’s office.  (see attached, appended hereto and made part hereof at FN 1)

These actions, putting feelings into simple words, identifying and clarifying an issue, refining my description over the course of the day to make it as clear and readable as I can, this exercise of “fighting back”, improved my mood greatly today.  The impeachment situation being already decided “fuck your ‘fair trial’, you insane partisan faggots, 51-49 suck it!!!!” there was no reason to listen to any of it today.   “If he takes a shit, you must acquit!”, said Dershowitz, in an argument no more demented than any of his others — and no truer words were ever spoken by the stable genius himself.

Anyway, whether it’s delusional or not (since I don’t sell any of my work and virtually nobody ever reads it) it is this daily practice of sitting quietly and writing about the things that vex me most, or things that intrigue me, sometimes, — what you flatteringly referred to as part of me being a knight– (and I’ll take Don Quixote over Donkey Trump-hay any day) and I thank you humbly, and with a chivalric bow, for that– that I believe is keeping me from a complete emotional meltdown (and also enabling me to look squarely at some truly horrible things and historically alarming events without vomiting my guts out).

I’d love to have a JH [her excellent therapist– ed.] to talk to regularly, but lacking someone like that, I accept that I have to be my own best therapist much of the time.  I find I’m always listening carefully, understanding of my motivations and gentle with my flaws and mistakes. That seems to be a pretty good start, anyway.

FN1:

Madam Attorney General:

I am enclosing a copy of the letter I am sending to the two Assistant Attorneys General who oversee your overwhelmed Bureau of Health Care.

The gist of my letter:

The complaint submitted on my behalf by your office, seeking to overturn my termination without notice from an ACA health plan was without force or effect.  The identical complaint, submitted through the new New York State Department of Financial Services on-line consumer complaint process, forced the private health company to immediately reverse the termination and apologize to me for its “mistake”.

It is hard for me to understand how a consumer complaint submitted by the state’s top law enforcement office did not yield the same legal result as one submitted through the Department of Financial Services.   I bring this puzzle to your attention.

Yours sincerely  

 

Bureau Chief, Assistant Attorney General Lisa Landau
Helpline Manager, Assistant Attorney General Adrienne Lawston
Office of the Attorney General

Bureau of Health Care
The Capitol
Albany, NY 12224-0341

Dear Ms. Landau and Ms. Lawston:

I am writing to find out why your helpline workers are unaware of what is apparently the only way in New York State to resolve a complaint about termination without notice of an ACA policy by a health insurance company. The Department of Financial Services’ likely brand new, virtually secret, on-line consumer complaint process expeditiously solved a problem your office was helpless to solve. The complaints I submitted through your office and NYSDFS were virtually identical — one had no effect, the other made a corporation reverse its “legal” and “unappealable” determination.

On January 22, when I called to pay my premiums through June, I was informed by Healthfirst that my insurance had already been canceled due to my failure to pay my January premium by January 10. I was told this was done “within the guidelines” and that my termination for failure to make this payment within the ten-day “grace period” was not appealable except by an internal appeal to their own “financial” department that would make the final determination. They also insisted that notice was not required before termination of health insurance for “late payment”. The outcome of the corporation’s internal appeal process was predictable.

Your office complained to Healthfirst on my behalf, emailed me an official looking verbatim copy of what I’d told the extremely empathetic worker who helped me over the phone. Soon afterwards I got a call back from the Health Care Bureau with the bad news — Healthfirst had not reconsidered its decision to terminate my health insurance. I was advised by your office to contact The New York State of Health Marketplace to reapply for coverage beginning March 1, 2020 [1].

I subsequently found and submitted the on-line DFS complaint, its text virtually identical to the complaint submitted via your bureau. Two business days later I had a call from Healthfirst apologizing for its “mistake”, telling me my insurance was in full force and effect, would cover the expensive January 8th procedure I’d had and allowing me to pay premiums for the next six months over the phone during that call, as I’d tried to do a hellishly stressful week earlier. The rep admitted they’d received my DFS complaint and that’s why she’d been instructed to call me. I have to assume Healthfirst had been in violation of the law.  I also have to assume there is no penalty for the violation and that anyone similarly mistreated, who didn’t find the new DFS consumer complaint form, remains without insurance.

Why is this quick and effective new on-line DFS complaint/enforcement process something your staff is unaware of and therefore unable to inform consumers about?  How can it be that the AG’s complaint form lacks the same force of law?

I assume your office gets many calls on this issue every January, as termination for “late payment” is a common reason health insurance companies have long used to terminate particularly the unprofitable low-cost policies of low income customers. I would guess this old insurance industry chestnut is as common a reason for terminating benefits as the old “pre-existing condition” loophole they used to use.

The ACA has protections during the year against such terminations; I know for a fact that notice is required before terminating a patient’s health insurance for late payment. I assume because Healthfirst quickly changed its iron-clad, guidelines-bound determination that their original irrevocable, “non-appealable” termination had violated the law. The law in question being a complicated, voluminous, health industry co-written law that virtually nobody can scan for a quick (or even painfully slow) answer to this kind of question.

The answer to a relevant and common yes or no question of law (does the ACA allow them to cut off my insurance on January 11th without any notice or appeal?) should be on a fact sheet available to those who answer your help line. Especially since the AG’s small, under-staffed, overworked Health Care Bureau is the sole government mini-agency in the state dedicated to helping NYS state consumers in vexing, sometimes life and death disputes with private health insurance companies.

I hope you will let me know that you’ve informed your staff of what I bring to your attention today. Please feel free to contact me about anything related to this letter. My current mission is to somehow publicize this secret avenue of redress for my fellow citizens screwed, as I was, by the virtually unregulated corporate “persons” who provide health insurance under the Patient Protection and Affordable Care Act. I fortunately had the skill set and tenacity needed to persevere until I discovered and used the new DFS complaint process. How many thousands of vulnerable NYS citizens thrown off insurance without notice have that chance? When they call your office they should be given a fighting chance to reverse illegal decisions that suddenly and without warning “irrevocably” deprive them of access to affordable health care.

 

 

[1] Dealing with NYSOH conjures only dread for me, based on my experiences with them, including two traumatic three and four month quasi-appeals I had to win before they would correct their own easily verifiable mistakes. Not for nothing, NYSOH is an agency that in my long experience with many state and federal agencies is among the most cumbersome, unresponsive and inept. I understand that the political appointee who runs it, Donna Frescatore, has been promoted for her stellar work at NYSOH and is now also overseeing Medicaid in the state. It’s good to know the right people, I suppose.

Republican Senators Admit Democrats proved their case against the President

But, of course, it’s purely academic now, the vote is in, there will be no actual trial in the Senate and the blameless, or blameworthy, president will be acquitted in this partisan witch hunt too [1].   The Republican position, unified as never before in our nation’s history along a hard “party line” — the president’s defense, come what may — is that a president like Mr. Trump may abuse his enormous powers and repeatedly obstruct the lawful actions of Congress to check and balance this abuse — and these are simply not impeachable offenses, as the demented argument of Alan Dershowitz contends.  

Think about his argument out of the context of the impeachment of a president accused of abuse of power: why would anyone concerned with justice ever try to prevent abuse of power?   It’s just abuse, which is only an actual crime in certain carefully enumerated circumstances.  It’s not like he was kicking a dog in a state that has specific laws against it!

The founding fathers who apparently believed that the will of 51% majority should be the final word on any democratic question, were not concerned, we are told by the president’s most famous lawyer, that a president could abuse his powers if unchecked by Congress and the Courts.   The balancing of the powers of one branch of our government against the overreach of another branch is not what “checks and balances” was intended to enforce, not at all.  There were debates during the drafting of the Constitution about the grounds for presidential impeachment at the time, notes of these debates are available. “Maladministration” was not approved as grounds for impeachment, if the president runs his administration like an inept, even corrupt, fool the remedy is for the People (by their electors in the Electoral College) to vote him out and elect a better one four years later– no harm, no foul.  

Watch this next legalistic sleight of hand carefully, you may have to read it twice to catch the subtle trick.  The same, Dershowitz insists, is true of “misconduct in office” — he claims the Founding Fathers swept this aside as a synonym for “maladministration” and “abuse of power”.   That abuse of power was part of Nixon and Clinton’s impeachments only proves that the smartest lawyers, even Dershowitz himself, at the time, were not smart enough to see through this clearly unconstitutional partisan canard until now. 

79 year-old Senator Lamar Alexander of Tennessee, poised to retire (and who announced his decision to vote with his party for no witnesses and no evidence at trial), issued this statement:

“I worked with other senators to make sure that we have the right to ask for more documents and witnesses, but there is no need for more evidence to prove something that has already been proven and that does not meet the United States Constitution’s high bar for an impeachable offense. …The Constitution does not give the Senate the power to remove the president from office and ban him from this year’s ballot simply for actions that are inappropriate. 

“The question then is not whether the president did it, but whether the United States Senate or the American people should decide what to do about what he did. I believe that the Constitution provides that the people should make that decision in the presidential election that begins in Iowa on Monday. …Our founding documents provide for duly elected presidents who serve with ‘the consent of the governed,’ not at the pleasure of the United States Congress. Let the people decide.” – Senator Lamar Alexander 

In plain words:  he did it, it was bad, they proved it.   I still love the guy, I mean, not personally, but what he represents for my worldview and my retirement.  It would be a shame to let him get publicly embarrassed by even more evidence and testimony that could only show more dramatically how he is constantly lying about the inappropriate things he did and continues to do, and is now explicitly permitted to do.

Alexander, unsurprisingly, supports the leader of his party for re-election in 2020.

Much more to the ominous point was the statement of Florida Senator  and one of Trump’s rivals for the Republican nomination in 2016, Marco Rubio (Little Marco). Little Marco wrapped his idealistic conclusions in a long, twisting legal-style argument, available at the link above (if you have the stomach for it), the gist being:

“Just because actions meet a standard of impeachment does not mean it is in the best interest of the country to remove a President from office. …
“… I will not vote to remove the President because doing so would inflict extraordinary and potentially irreparable damage to our already divided nation.”

The first statement translates:  just because the evidence shows somebody is guilty of committing a high crime, punishment is not always called for.  A preemptive, under-the-table pardon is sometimes better for the interests of the 51-49 majority and the higher interests they serve.

Allow me to provide a direct translation of that second part, which is much more troubling than even that first bit:

The president has the undying loyalty of a solid 40% of America, this number never changes much, no matter what.  Many of his supporters are very angry, and rightfully so, having been repeatedly screwed by the system.  Many have a lot of guns.   Most are enraged about the ongoing baseless witch hunts that have constantly tried to damage their hero, since the day he exercised his uncontested right to fire James Comey, the traitorous FBI director who would not swear personal loyalty to the president.  Would not swear personal loyalty!!!   Trump’s fans are heavily armed and easily outraged, as shown at boisterous nightly campaign rallies. Impeaching and removing their champion from office could set off a bloodbath.   I am not ready to take responsibility for a second Civil War, on the eve of the sacred Superbowl.

A little taste of Mr. Rubio’s crack legal analysis:

I also reject the argument that unless we call new witnesses this is not a fair trial. They cannot argue that fairness demands we seek witnesses they did little to pursue.

Nevertheless, new witnesses that would testify to the truth of the allegations are not needed for my threshold analysis, which already assumed that all the allegations made are true.

This high bar I have set is not new for me. In 2014, I rejected calls to pursue impeachment of President Obama, noting that he “has two years left in his term,” and, instead of pursuing impeachment, we should use existing tools at our disposal to “limit the amount of damage he’s doing to our economy and our national security.”

Screen shot 2020-02-02 at 4.34.30 AM.pngThis unified, if not 100% laudable or defendable, party line behind the president brings to mind the old Führerprinzip, the ruling philosophy of the Thousand Year Reich: the leader is always right, even when he’s shown to be completely wrong. Especially in the face of such TREASON!

Nothing to worry about here in America, though, we ain’t fucking Nazis, we’re the world’s greatest democracy.  Kick back and enjoy the Superbowl, you’ve earned it, y’all. 

 

[1] And, fuck me in the eye, it was literally by a vote of 51-49 suck it!

Danger! Democracy, Danger!

We are about to witness the acquittal of a man as guilty as OJ was of what he was charged with, as guilty as Jeffrey Epstein was when he got that sweetheart “child prostitution” deal from the feds (jobs well done, Al Dershowitz).   We are told by the president’s lawyers and members of the sworn impartial jury that the charges, even if true — OK, let’s say they are true and proven, we’ll stipulate to that, some of their unified party say now —  do not amount to any reason for anyone to go to the extreme partisan step of putting a duly elected American president on trial to establish his guilt or innocence for non-impeachable offenses less than a year before the election he may or may not be actively trying to cheat in (and such a hissy value judgment, that).

Once the Republicans acquit Trump, on charges arising from facts not in dispute, on the tortured grounds they gave (and to be straight, the grounds were always strictly: 51-49, suck it!), there is no longer any basis for impeaching and trying a corrupt-looking American president, no matter how openly corrupt he is.  Even (if he is a Republican with a Republican Senate) if he shoots another American in the face on Fifth Avenue, live on camera (can’t arrest him, can’t indict him, can’t investigate him, as his lawyers already told the Federal court, defending Trump in one of numerous ongoing cases against him, lost and now on appeal by his diehard legal team).   Suck it, libs!  51-49.

Jay Sekulow, Donald Trump’s loyal remaining personal lawyer, was probably the weakest of Trump’s lawyers at the impeachment trial.  To call it a “trial” is a bit of a stretch, when you consider the shamelessly partial jury, and the supine behavior of the presiding “judge” (it’s his first trial, give the good man a break, Widaen!) who is not even enforcing the Senate Impeachment Rules that Senators must remain in the chamber during arguments and may not make public statements during the trial proceedings (Rand Paul promptly went into the hall yesterday to release the whistleblower’s name after Chief Justice John Roberts would not read his question that would have done it on live TV during the impeachment–  contempt of court?   ROTFLMAO!). 

This may be the first public American trial of any kind in history where the judge did nothing to ensure that new evidence would be seen or testimony from previously blocked fact witnesses heard and cross-examined.  It’s worth keeping in mind that this is a trial to decide if the president committed, and continues to commit, a high crime by asserting unprecedented powers not to cooperate with lawful investigations into his personally motivated shakedown of a foreign ally.   Trump had his lawyers’ (on AG Barr’s advice and blessing) make repeated blanket refusals to participate in investigations or to obey legal process of any kind in any investigation of his wrongdoing, up to and including impeachment.

Every American knows that the Checks and Balances power of Congress, particularly vis a vis colorable wrongdoing by the president, is at its peak, and Executive Privilege at its nadir, during an impeachment.  It is established principle that every presumption should be construed toward Congress’s right to uncover the truth, according to the Constitution, especially during an impeachment  — or, if you prefer, its updated restatement:  51,49 suck it, losers.   As they continue to insist (leaving out the actual timeline, of course) the Democrats should have simply waited 15 months for full resolution by the courts on appeal, of all of the controversial evidentiary claims by Trump, losers!   It would have all likely gone in the Democrats favor in the end anyway, LOL!  Too bad all the subpoenas would have expired by then!

Back to loyal Jay Sekulow and his largely incoherent recitation of Trumpian innuendo about a vicious, baseless partisan attack sprinkled with the attendant hollow legalisms.   He did keep saying one indisputably true thing over and over, to underscore the deathly seriousness of the proceedings America is half-watching. “Danger!” he said, then paused, then said it again “danger!” —  a trope he’d repeat throughout his presentation of the impartial Mr. Dershowitz’s constitutional views.   Danger, Will Robinson!   Danger, America, danger!

No truer warning  could be sounded at this moment.  The danger to democracy is being rubbed right into our loser faces, America.   Whatever you think of this messianic figure who is radicalizing the federal judiciary, who hates abortion like the plague, who brought peace to the Middle East, and jobs to all Americans and who is making America greater every day, this precedent-setting non-trial on Trump’s impeachment is the end of democracy’s ability to even have a fair hearing about corruption and abuse of power by the Unitary Executive.  Nobody is above the law, but some, a privileged few (OK, a very privileged VERY few), are simply, and indisputably (by a 51-49 binding vote) beyond its reach.  (Danger.)

Republican senators even thinking about supporting a fair trial in the Senate are now considered traitors within the party of Trump.   It is now a risky, partisan position to support a fair trial.  Think about that for a second — a fair trial is unfair to the accused.   The Republican party’s position is that hearing previously blocked fact witnesses and new evidence at a trial, as at every other impeachment, every other trial that is not a kangaroo court is — OUT OF THE QUESTION!  Republicans supporting anything resembling a fair trial, in favor of even a vote on  a”radical” proposition like hearing new evidence that arrived after the indictment/impeachment or hearing from previously blocked fact witnesses, are continually threatened to stay in line.  Danger.

One powerful Republican who probably didn’t need any threatening was life-tenured “neutral” balls and strikes umpire and corporate hero John Roberts (inventor of the brilliant arbitration clause that squashes class-action– or any other kind of — lawsuits against negligent corporations), the principled “tie goes to the runner” tie-breaking “swing vote” Justice who is quietly “presiding” over the impeachment trial, with his eye on history, as we are told.  This fair-minded legal moralist has positioned himself as the towering, impartial Switzerland of this vicious war between patriots and traitors.  Danger.

The president’s band of loyal legal defenders, the lawyers at his impeachment trial, made a series of arguments against why the impeachment trial should have the minimum for a traditional fair trial — fact witnesses and evidence that the president impeached for Abuse of Power and Obstruction of Congress has been abusively obstructing during a long and seamless campaign of obstruction of justice going back at least to the appointment of Special Counsel Robert Mueller.  He successfully obstructed justice in that investigation, including into his well-documented pattern of obstruction of justice, by the brilliant final stroke of appointing a diabolically capable extremist ideologue AG who auditioned for the job by promising Trump to get him off the hook no matter what.  Now, all of that publicly displayed personal ugliness and disregard for law, norms and rules (things that bind only “losers”) is about to become one more big, fat “Nothing to See Here! LOL!”  Danger.

The president’s lawyers’ fierce, often quite intelligible arguments (some, like Dershowitz’s demented claim that whatever a candidate for public office does, if he honestly believes it is in the public interest, can’t be wrong, were also intelligible, but in a bad way) set the table well enough to give grounds for at least one of the very few “vulnerable” Republican senators who might vote in favor of a fair trial to publicly announce that he will stop supporting calls for anything even mimicking what anyone  might think of as the appearance of due process for the fair administration of justice.  Case proved, he said, but I still don’t care, it duddn’t mean shit.  Danger.

There is no purpose, they said, to have any previously blocked fact witnesses testify, since the president might well have an assertable privilege of some kind that could  be upheld 5-4 in the Supreme Court in a precedent-shattering decision.  A ruling on the president’s claim of absolute immunity to withhold all evidence and testimony in any investigation including impeachment, of course, would require a new precedent, since Nixon and Clinton both lost on similar, far more modest, privilege claims during the lead up to their impeachments.  No matter,  it is merely the president’s legal assertion of a theoretically facially valid privilege that is the question under discussion, not if the court would actually overturn long precedent to decide in Trump’s favor stating, unappealably, that he has no obligation not to interfere in an investigation into him.   Danger.

Why should the House be able to overrule the will of the American voters, the authority of the Supreme Court, the president’s lawyers ask?  (Both of those were answered by the Framers, in the Constitution itself)  Their ultimate argument is their unified insistence that, even if the facts of the case already establish that the president abused his power for personal gain and obstructed the lawful powers of Congress, that it doesn’t matter, those things aren’t impeachable under their brand new Originalist definition of High Crimes and Misdemeanors.  (Pulled, after all, directly from Alan Dershowitz’s completely unbiased, liberal ass.)  Nothing further that could point to the president’s known guilt can be introduced at trial because it would only hurt a great man who will never be removed from office anyway, and it would nullify the decisive votes of those 78,000 Americans in Michigan, Pennsylvania and Wisconsin who voted with surgical precision to put Trump into office by giving him an Electoral College victory.  Even Ken Starr, principle ideological architect of the partisan Clinton impeachment, argued against the horrors of partisan impeachment.    You want a “fair trial”?  Danger.

No reason to hear from even one witness, a man with highly relevant, even dispositive, facts who is suddenly willing to testify (after refusing the same request from the House).  That mad, vindictive liar, out of a personal grudge against the innocent, well-meaning man who fired him, could give sworn testimony harmful to the president’s insistence that he’d done everything perfectly and blamelessly, and in the best interests of America!  The job of a defense attorney is to acquit his client by any means necessary.   A majority of the jury had already publicly announced its commitment to working with the defense to acquit their client no matter what, and everyone knows their “oath” to carefully weigh the evidence and be impartial jurors was a legal requirement that bound them to nothing but the party line, so why drag things out?  If the Schitt don’t flit, you must acquit!   DANGER.

No legal way to restrain an impulsive and corrupt president with a long history of fraud [1], criminality and the aggressive, sometimes absurd, use of expensive, bludgeoning litigation and endless appeals to bully, cow and bankrupt opponents, defrauded customers and creditors, women he molested and everything else?   To paraphrase Trump loyalist former Tea Party insurgent Mick Mulvaney:  get over it, losers. DANGER.

Stay tuned for the actual terrorist arson of the House of Representatives right before the 2020 election, the first arrests in Barr’s criminal investigations into the evil traitors who orchestrated the baseless Mueller witch hunt, the publication of the first official presidential enemies lists, and eventually, silence from this viciously opinionated, f-word bristling blahg.   I’ll send you a postcard from the vacation camp they send me to, don’t worry.   The weather’s great, the food is good and I am being given all the hard, honest work I can handle!

 

 

[1]  Trump University: small $25,000,000 settlement in early 2017 to end a frivolous suit, and an agreement, with no admission of guilt, to close down the supposedly fraudulent business.     The dissolution of the Trump Foundation in 2019 for its illegal practices, and the court-ordered payment of $2,000,000 to other charities, but no admission by Trump of anything fraudulent about the foundation that is now legally shuttered.  NOTHING TO SEE HERE, you fucking HATERS!!!  A conspiracy of fucking haters!!!

Timeline of Events Seen from the Future

Looking back after a dramatic change, assuming all records of events have not been destroyed or concealed and the available historical record wiped clean, as when a new regime in ancient Egypt would scrape the faces off tomb walls and erase from history and the afterlife the prior regime that also claimed to have been chosen by the gods, it becomes much easier to see cause and effect.  Looking at a timeline, the connection between seemingly disparate events emerges.  The events can be seen, after the fact, as steps in a clear pattern that led, seemingly in a straight line, from one thing to another. 

Experiments in democracy are not immediately cancelled when an autocratic party takes control.   There are leaders of the opposition to be silenced, beaten up, discredited, removed from public view.   There is the shaping of public opinion, which must be done strongly and systematically.   There is the criminalizing of dissent, which becomes treason, a terrible crime justly punishable by severe penalties including death.   After enough struggle, with violent safeguards against rebellion firmly in place, a new society can be born, a culture based on values inculcated through years of hard work by the new leaders, their ideologues and financial backers, and the party faithful.   

One template for looking at how this change comes about is the transition from democracy to totalitarianism in Germany last century.   It was the farthest thing from a historical certainty, though the stars were lined up perfectly for it and it seems inevitable today.    A hundred years ago the forces of the extreme right in Germany were starting to brawl with crowds of armed leftists in the streets in a nation on the verge of revolution.  The liberal Weimar Republic, which at the time had the world’s most enlightened democratic constitution, was ill-equipped to enforce its laws and new democratic values in the face of mounting despair after a humiliating military defeat, increasing financial desperation and political violence and propaganda.   The stage was set for a decade or more of pitched battles at political rallies before the fateful late 1932 election when the Nazi party won its largest share of the votes ever in an open election, 37%.   After March 1933 the Nazi vote total was a constant 100%, once it became the only party in Germany.

The history of the end of German democracy in 1933 is well-known to anyone who has read any of the numerous books on the subject, or seen a history of World War II documentary.   Let’s take a quick look at few selected moments from  the timeline, for a sense of how long it takes — how many years it takes, even in the perfect petri dish for the change that was Germany in the 1920s, the early 30s — before the proposed solutions of cynical autocrats become irrevocable and final solutions.

The German military refused to take part in the surrender of November 1918 and its leaders afterwards helped perpetuate the myth that an undefeated German army had been stabbed in the back by the “November criminals”, the treasonous liberal members of the new Weimar democracy who signed the punitive peace treaty that led in a straight line to World War II.   General Kurt von Schleicher was a top military leader in World War I who, after refusing to participate in the humiliating surrender, pushed this narrative and sought political power in the turbulent years leading up to the Nazi takeover.   He was regarded by many patriotic right wing Germans as a national hero.

Fast forward to January 1933 and the calculations of the German right wing, including Schleicher, that 84 year-old general Paul von Hindenburg was a strong enough president, with robust powers to appoint or dismiss the chancellor under the law at that time, to control the uneducated, emotional leader of the Nazi party.  Hitler became Chancellor, appointed by President Hindenburg, serving at his pleasure, as they say.   History shows unambiguously that the idea that Hitler could be tamed by his social superiors and restrained by others on the right was wildly wrong.

In February 1933 the German parliament building, the Reichstag, was set on fire.   That night, in a coordinated nationwide sweep, the police, on orders of Herman Göring (who was busily putting together the Gestapo) arrested hundreds of people whose names had been on Nazi  enemies lists for a while.   The following day, in an emergency session of the Reichstag, the constitutional provision for political emergencies was invoked and an Enabling Act was passed with bipartisan support, giving the Chancellor vast emergency powers he never relinquished.   There were several major parties, all of the right and center, and center-left parties voted with the Nazis.  Think of the rush of support from across the American political spectrum for the massive, “patriotic” Patriot Act hastily passed by our Congress after the al Que’da attacks of 9/11/01.  In the name of fighting “terror” terrifying compromises can be made by otherwise decent and well-meaning politicians.

After the Reichstag fire, and with the invocation of emergency powers and passage of the Enabling Act that made it all legal, Hitler was the all-powerful unitary executive in Germany.  His word, and increasingly his whim, was effectively constitutional law for the next twelve years, under the enhanced emergency powers he invoked after his party set fire to the Reichstag.  He exercised those powers wantonly, sometimes insanely, until that fateful day in the bunker under Berlin when his enemies were closing in from all sides and he declared Germany too weak not to deserve its total destruction.  And then blew the top of his head off with a pistol in his mouth after killing his new wife and faithful dog.

Here’s the thing that caught my eye, the passage of time before the Nazis took the next violent, decisive step, even after they had what we now see as unchallengeable power.  In some cases, like the eventual program to physically exterminate the Jews, this took five to seven years.  Public sentiment has to be carefully and systematically cultivated before previously shocking proposals can be seen as “normal”.  Think of the frogs in the pot of slowly heated water, realizing too late that they are becoming frog soup and there’s nothing they can do about it.

After Hitler became the undisputed leader of Germany it was more than a year before the chilling “Night of the Long Knives” on June 30, 1934.  On that night, in coordinated nationwide raids, the leaders of the brawling SA, the three million man army of violent Nazi brownshirts (including a contingent of  working class socialists) that had been crucial to the rise of National Socialist Hitler, were killed.   The newly formed SS would be the strong right arm of Hitler going forward, its members bound to Hitler by an oath of unquestioning personal loyalty to their Fuhrer.

Here’s the thing that jumped out at me about the gradual escalation of autocratic violence, listening to the audiobook of Benjamin Carter Hett’s well-done The Death of Democracy

On that fateful night of orchestrated murder in June 1934, two armed men showed up at General Kurt von Schleicher’s house.   He was a well-known national public figure, of the stature of a General Patreus, or Colin Powell, or some of the generals who once sat as members of Trump’s cabinet, to some Germans almost like Quaseem Soliemani in Iran.   He was regarded by many on the German right as a national hero.  The Nazis who went to his house found him in his office, shot him dead at his desk and also killed his wife, who was also in the office when they found Schleicher.

The story in the Nazi-controlled press was that Schleicher had died in a gunfight with police, resisting arrest (it went without saying that he was a dangerous criminal who needed to be taken into custody to face justice).  The Nazis had fired on him in self-defense, returning fire, the stories said, and his wife had been killed in the crossfire, what we now blandly call “collateral damage”.   That was the story trumpeted on German mass media right after the killing.   Within a few weeks Hitler could nonchalantly tell German crowds at rallies “I had Schleicher shot.”   The clear message being: what the fuck are you going to do about it, or Nazi lies about it, traitor?

The Nazis are famous for their wholesale, industrialized slaughter of Jews and other enemies.   We have all the factual details about the sometimes disputed “Final Solution”, the evolving improvised mass murder program that ended in very efficient death camps, gigantic mass killing facilities.   In hindsight we think: Nazis seize power, start World War II, perpetrate Holocaust.   Each of these things was many years in the works.  Each proceeded by many small steps, over time.  Over years.

Some will remember Kristalnacht, “The Night of the Broken Glass”, the nationwide Nazi-sponsored orgy of violence against Jews across the country.   That was in November 1938 (probably organized around the 20th anniversary of the famous Jewish orchestrated “stab in the back” by the “November Criminals”) more than five years, almost six, after Hitler’s seizure of dictatorial power under a legal provision of the Weimar Constitution.   

It would be several more years until the actual mass killing of Jews would begin in the territories conquered by the German army.   Ditches and machine guns, trucks with exhaust pipes directed inside to kill undesirables with carbon monoxide, these crude methods were not up to the daunting task of killing millions.  The kind of plan the Nazis eventually devised and put into operation does not happen overnight, or in a year, or even in five years.  It takes time.  People have to accept every step leading up to it.  First you euthanize the mentally ill, see how that goes.   You stop the euthanasia program due to public outcry and there is more work to do to convince everyone of the necessity for ridding the earth of dangerous human parasites eternally intent on raping German women and poisoning the gene pool.  The public eventually falls into line, but it can take years sometimes.

Then, suddenly, one day, you have Adolf Hitler, full-blown, the way history remembers one of its most successful and prolific liars and mass murderers.  

Advice for Screwed NYS health care consumers

There is a new consumer complaint process for victims of unappealable health insurance company “mistakes” in NYS that is easy, fast and efficient.  It can reverse unappealable termination of your health insurance within two business days.   Here is a link to that on-line complaint form that virtually nobody in New York State knows about:  CONSUMER COMPLAINT.

The only readily available help for someone in NYS who buys insurance under the Patient Protection and Affordable Care Act  (which can only be purchased at the ineptly run New York State of Health Marketplace) and looks on-line for help is the NYS Attorney General’s Consumer Health Bureau.   I reached out to them when I had my health insurance abruptly terminated without notice last week.  The woman I spoke to was very kind.   She sadly got back to me to a couple of days later to tell me that the company that had screwed me had responded to their query and had not changed its mind.

New York State’s Commissioner of Insurance position was abolished in 2011 along with the Department of Insurance.   The regulation of insurance companies in New York State was assumed by the newly reorganized Department of Financial Services which also oversees banking, finance and commerce.  Makes sense, no?  As of a few years ago this agency had no ability to help consumer victims of insurance company fraud or abuse.  It only took complaints against consumers who the insurance companies accused of fraud.  Makes sense.

When the Attorney General’s consumer health bureau gave me the sad news that there was nothing further I could do to get my insurance for 2020 back, until March 1, at the earliest, if I acted quickly, I continued my online research and round of phone calls.  I eventually found a new online consumer complaint form at the NYSDFS website.   That form is here:  https://www.dfs.ny.gov/complaint.

Within two business days I had a call from the insurance company, Healthfirst, informing me that my insurance was in full force and effect.  They apologized for their “mistake” and acknowledged that the DFS complaint had caused them to “escalate” the appeal process they’d previously told me didn’t exist.  Cool, now I can reschedule the appointment for ongoing treatments with the cardiologist that I had to cancel for today.

I emailed to let the kind woman at the AG’s office know that, after only a week of indescribable stress and aggravation, my complaint had been quickly resolved by the DFS complaint process.   She wrote back to tell me she was happy for me and asked if I wouldn’t mind helping a consumer who’d been screwed as I had been, could she give the distraught woman my email address?  I opted to write to the screwed citizen instead.   Here is what I advised her (and anyone else in NYS sodomized by an unaccountable, constantly feeding artificial “person” of eternal life):

Kimberly:
 
I was given your email address by the overwhelmed woman at the AG’s help desk, who asked if I’d be willing to help you.   I am a private citizen who was recently screwed by my health insurance company.   Not sure why the woman at the AG’s help desk couldn’t help you, and I’ll be writing to the assistant AG in charge of the sympathetic but unhelpful help desk (will not mention any names, the woman I spoke to was perfectly nice and really tried to help), but here is my advice.
 
I can’t go into the details of how you were screwed, believe me I know how many ways the virtually unregulated private insurance companies — and the accursed NY State of Health “Marketplace” — have to screw us.    I’m sure thousands are similarly abused.   Here are my recommendations:
 
1) contact the NYS Department of Financial Services today.  They are the agency that oversees health insurance in NY State.   Their NYC phone number is 212-331-6266 * (I don’t know what county you live in).  They are open til 8 pm today.   Wherever you live:  Go to their website https://www.dfs.ny.gov/complaint and submit your complaint today.  You can do it on-line.  
 
If your complaint is complicated, write it out before you work on the on-line form, since you have only 30 minutes to complete the complaint once you start.  Cut and paste the complaint you’ve already written, if you think it will take a long time to put your concerns in order.
 
Keep it brief and to the point.  I was cut off health insurance for 2020 without notice when I called to pay my premium last week.  The AG’s Health Bureau Help Desk called Healthfirst and was told my termination was done properly and in compliance with the “guidelines” and that nothing more could be done.   Within 2 business days of filing my complaint at NYSDFS I had my insurance restored, Healthfirst told me it had been a “mistake” and they were sorry.   I’m sure they were very sorry… corporations always say they are, when they are caught and there is no consequence to them for apologizing.
 
2) If the NYSOH Marketplace screwed you (as they have screwed me twice in the last few years) file a formal appeal over the phone (this cumbersome process will take about 3-4 months for a determination that will likely be in your favor).  I’d recommend also writing directly to the unaccountable political appointee who runs it.  Include a copy of your NYSDFS complaint.    Here is her contact information (as best I can determine it, she keeps a very low profile):
 
Donna Frescatore
Executive Director, New York State of Health Marketplace
New York State Department of Health
Coming Tower
Empire State Plaza
Albany NY 12237
I subsequently learned that Ms. Frescatore, the incompetent political appointee who ran NYSOH so badly for years has since been promoted to a grander title and office, as of January 2019.  I’m told by people at the AG’s office that she is also still Executive Director of the NYSOH, a highly secretive post.  Here is her new title and address:  
 
Donna Frescatore 
Deputy Commissioner and Medicaid Director 
New York State Department of Health 
One Commerce Plaza 
Albany, NY 12110
 
and this (though you’ll likely find it completely useless)  https://www.health.ny.gov/contact/doh800.htm
We are victimized in a state with virtually no protections for health care “consumers” who are screwed.  Log on to the NYSDFS website and file an on-line complaint, that’s your best first stop, and hopefully your last.  
 
Best of luck to you, be direct, give ’em hell, and don’t take this abuse lying down!  Many of us are similarly screwed, take courage from the new help now available at the Department of Financial Services.
* This is actually the telephone number for the New York City Human Resources Administration, Public Engagement Unit.   I’m told the NYSDFS 800 number is as useless as it was the last time I entered their administrative cul du sac several years ago.