it's ty law because compromised Max Baucus had a health insurance corporate exec/lobbyist write it.
The control the health insurance industry has over govt (legislators and regulators) protected it from govt insurance/public option, and from ACA reducing for-profit insurance revenues.
BigCorp owns and run America, not the govt. Human-Americans, electing but not influencing their Congresscritters, are powerful to unscrew themselves.
So we got a unavoidably ty law (although it has many strong points) for an unfixably ty health care industry, just as ty for-profit health insurers wanted.
And the compromised, VRWC SCOTUS5 allowed "states rights" to opt out of Medicaid expansion, allowing red-state states to continue to function as murderous, racist, xenophobic Death Panels that deny care to poor.