...if those systems are not adequate, what alternative healthcare system could be implemented that would be fiscally sounder?
...The one thing that keeps batting around in my mind is providing some sort of automatic catch all. What if instead of the tax penalty simply being a punitive penalty, could we turn it into some sort of automatic premium/enrollment in a Medicaid type system?
These are related question, so let's back up a bit and keep in mind what the ACA individual market was designed to do: the idea was that the government would allow private insurance companies to insure people who a) didn't have insurance through their employer and b) worked but made too much to qualify for Medicaid.
The stats on the people who are in the individual Marketplace show that a significant portion of them don't qualify for Medicaid because they are working (either self employed or employed part-time) and are above the federal poverty line requirements for Medicaid. So, it wouldn't be possible to auto-enroll them in Medicaid because they wouldn't pass the financial requirement for Medicaid.
The first question that the US has to ask itself is whether they are still committed to having private insurance for the 13 million or so people in the Marketplace. There's a faction on the left who would be happy to see the ACA individual market fail so that the Federal government steps in an creates a public option- basically allowing money that would normally be paid to private insurance companies go toward a Medicare type system that insured people who fell into category a) and b) above.
A public option would provide automatic coverage for those who make too much to go into Medicaid and haven't signed up for the Marketplace.
However, if the government doesn't want to create a public option, they have little choice but to fix the Marketplace.
Undoubtedly leaving them with more and more profits, more than enough to pay off all of the class-action lawsuits and still leave a healthy amount to stuff in their pockets.
With all the lawsuits popping up every day, I would hasten to say that the testing and safety laws aren't good enough to stop people from dying.
There's a couple of things going on here-
First, the public thought they voted for a populist who was going to "bring back jobs". What's happening is a Koch Brother/Mercer family wet dream of deregulation promises for big businesses: basically, an undoing of the New Deal programs that were put in place to prevent ups and downs in the economy and to balance power between citizens and corporations.
Second, it is important to remember that the FDA is there for a reason and you're correct: there's a lot of red tape that is there to ensure that drugs that come on the market aren't harmful and that they do what they're advertised to do.
During the HIV epidemic, AIDS activists put pressure on Congress and the FDA to create two tracks for medication approval. Drugs that are critical can go through the
expanded access program as an investigation drug; 99% of expanded access applications are approved. Other non-critical medications go through the normal process because they are either non-critical or there is already a medication on the market that is in the same class.
PhRMA is the major lobbying group for Big Pharma. They were the ones who got the regs into both Medicare D and the ACA that prevented the government from negotiating drug prices.
After they met with Trump, PhRMA put out a statement summarizing what was discussed after the public portion of the meeting:
“We discussed many areas of common ground, including advancing stronger trade agreements to level the playing field with countries around the world, reforming our tax code to spur investment and job creation here in the U.S., and removing outdated regulations that drive up costs and slow innovation.”
"We believe if these policies are enacted, it will translate to up to 350,000 new jobs over the next 10 years as a result of growth in the biopharmaceutical industry.”
Given the two tracks that exist at the FDA, you have to ask yourself, "Would deregulation bring down drug costs? Would deregulation bring needed antibiotics and drugs that prevent disease to the market?".
Or put another way, "How many ED drugs do we really need? How many restless leg syndrome drugs do we need? How many drugs for plaque psoriasis do we need?". These drugs are the ones that cost $2,000 to $15,000 per month and must be taken every month for life... and they're where most of the new drug research and marketing is focused upon.