Phase 1: Enactment & build · Step 1.11
Rewrite insurance & benefits law
Effective in stages with each enrollment wave · Congress; DOL EBSA; Treasury; state insurance commissionersDiscuss this step
marketlikelihood: mediumimpact: medium
Cash-only concierge tier grows
Opted-out physicians serve the wealthy for cash, recreating two tiers and draining capacity.
Early warning signs
- Opt-out rates by region and specialty
Mitigation
- All-or-nothing opt-out
- Duplicative insurance ban (cash only, no insurance)
- Rates competitive with cash practice
Implementation risks
| Risk | Mitigation |
|---|---|
| Courts strike the duplicative-coverage ban. | Severability clause; the wait-time guarantee is the strongest legal defense, since Chaoulli hinged on unreasonable waits. |