Easily coulda been part of the deal.
It was purposefully excluded from the deal. Obama did not want to be portrayed as negotiating ObamaCare. He wants ObamaCare rules established on his terms.
The key reason for this move to surface on PM Friday (12/20) is that it falls into the black-hole of politics - that is the ‘tent flap of obscurity’ used for news releases with political or real-life impact on Friday afternoons and before major holidays. Oh, How skilled they are.... brilliant (lied =>> died, etc.)