I'd really rather just repeal the law and pass something very different.
We should aim at making healthcare cheaper, not so much at making more people get insurance.
I would remove the power of either the states or federal government to prevent individual customers from buying insurance that does not cover what the government considers minimum standards. The governments could still set standards of what is considered reasonable coverage and could require that insurers warn their customers when these standards are not met, but could not prevent actual insurance sales between companies and individual customers with full informed consent. State governments would obviously be unable to ban its residents from buying insurance from companies in other states, or even in other countries.
I would allow states to mandate a sort of medical liability insurance for employers who place their employees in situations likely to lead to medical issues. Those whose jobs require them to handle hazardous waste should get their employers to pay for the costs of medical problems caused by exposure to such waste. Most jobs don't really warrant such things though. In general, it is better for individuals to buy their own insurance than to rely on their current employer. As such, I would try to eliminate all governmental incentives for insurance to be provided by employers rather than purchased by individuals. I'd allow the minimum coverage mandates to be legally binding in cases where the employer chose the healthcare plan for the employee instead of simply agreeing to pay for a plan that the employee selected for himself.
I would radically reform the patent system. I would rather abolish it completely than leave it as is, but am open to some more moderate compromises. I'd consider taxing patent holders based on the royalties which are charged for licensing the information to other manufacturers. I'd consider making patents automatically expire once they have recouped some predetermined multiple of the cost of development. I'd consider forbidding patent holders from restricting who can make use of their patent, so long as an predetermined royalty is paid.
I would obviously repeal the laws banning the (re-)importation of prescriptions.
I would re-instate the laws that once banned direct to consumer advertisements of prescription drugs. It is a travesty that drug companies now spend more on those stupid TV ads than they do on research and development. I guess I could still permit them to make public service announcements to raise awareness of the diseases their drugs treat, but they would not be permitted to include the phrase "ask your doctor about [insert drug name here]" in any such advertisements. Advertisements in medical journals would still be permitted so long as sufficient data is provided about its effectiveness and potential side effects.
I would reform the way that pharmaceuticals are tested, so that its makers are not permitted to keep secret those studies that make the product look bad and publish only those which present it as effective. I would require all drugs be tested against placebos, not merely against other drugs which may have been approved due to such corrupt testing practices.
I would overturn all the laws that prohibit competition between medical facilities. Currently there is a bureaucratic nightmare that requires those wishing to open new hospitals to prove that the nearest competitor is not sufficient to handle the community's demand. We do not currently allow the market forces of competition to drive prices down.
I would mandate that medical facilities openly publish their pricing information. Currently it is not uncommon for two hospitals only a couple miles away from each other to offer the same services at prices that differ by hundreds of thousands of dollars. These include many non-emergency procedures with plenty of time for shopping around, but the customer is not able to know ahead of time where to go for the lower price.
I'd seriously consider forbidding medical facilities from charging the uninsured higher rates than they charge insurance companies.
I would implement tort reform that is not based on capping liability, but rather on the loser pays principle. I'd extend the system of public defenders so that it does not only work in criminal cases where the defendants are too poor to afford representation, but also includes litigators to sue on behalf of the poor who have suffered from medical malpractice from doctors or fraud from medical insurance companies.
I would require that the medical licensing boards review all cases where licensed medical professionals are sued for malpractice. Good doctors should not have their liability insurance rates driven up by the actions of bad doctors who should have given up the practice once their first major mistakes were caught.
I would eliminate agricultural subsidies that distort the market, making grain and meat so much cheaper than fresh produce.
I would eliminate all sales taxes, tariffs, income taxes, and payroll taxes. These would be replaced by Land Value Taxes, Mineral Royalties, and Pollution Charges. Pigouvian taxes on recreational drugs might also be included. We should not tax productive economic activity, but rather the monopolization or destruction of the commons. I would provide everyone a Citizen's Dividend, an unconditional basic income guarantee funded by those taxes.
Providing the poor with money is more important than providing them with health insurance. With a guaranteed income they could better afford insurance, better afford to pay expected health costs out of pocket, and better afford the kind of diet and lifestyle that would reduce the need for medical care in the first case.