> How did this little gem sneak into the ACA? It seems like it was put in by somebody who doesn't understand game theory.

It didn't sneak in.

The issue was that before the ACA we had insurers that were below 60%.

They managed this by cutting people off of healthcare once they started using it aka recission panels.

The problem is that the ACA is a working solution and was meant to be updated once we got real data as to how things were or were not working. Of course, that was before Republican intransigence.

Personally, I'm glad for Republican intransigence. We're going to get to single payer long before I ever expected to.