One health care lobbyist told Fox News that even if states wanted to implement the provision in the Affordable Care Act, they couldn't.

The provisions require staffing levels that do not exist and do not have funding, the lobbyist said, adding it would take years to iron out the specifics needed to put the law into action. "It can't work the way it's on the books right now. Part of that is that there is so much haze within the act," said Robert Slayton of the Illinois Association of Health Care Underwriters.

The "haze" comes from 2,700 pages of legal language in the act. Those pages contain provisions that have yet to see the light of day. When the public and the health care industry learn the requirements of those provisions, inevitably they may conflict with the interests of the states.