There is a solution, but conservatives won't like it much: have the insurance company share the liability. If the insurance company refuses to cover a procedure, then that fact should be part of any litigation.
I came across a perfect example of the horrible flaws in the legislation. The mother of my daughter’s tennis opponent in a recent match engaged me about Obamacare. I did not bring up the subject. I had not met her before. She told me that her cardiologist husband was leaving private practice after 13 years because of Obamacare. I was surprisesd when she told me that she was a ardent Democrat. She was still not sure that she could vote against Obama even after her husband’s loss of practice. Obamacare has barely begun so if it is bad now, the situation will be much worse later. Her husband cannot keep his practice afloat with the low reimbursement rates and many onerous requirements in the law.
Obamacare is a disaster to its core. It is easy to get lost in all of the horrible details. I focus on the assumptions and basic aims of the law. The law codifies the misguided notion that someone else should pay for your health care. The rats call this scheme “health care rights”. The law uses the familiar tyranny of the majority to enforce this misguided notion. Individuals with incomes up to $90,000 will receive subsidized health insurance. Obamacare along with many other rat legislation try to establish legal right to confiscate property from others (the rich).
Beyond the assumptions of free loading and destruction of private property, Obamacare involves effective government control of an incredibly complex industry (a number of industries). Government control means mandated services, price controls, and rationing. Basic economics is clear about the results of central planning on this scale. There will be lots of unmet demand unless black and grey markets develop. You may have a right to health care but that right cannot force availability of competent health care services.