Health insurance has long been a state affair in the USA. Insurance  companies were even exempt from many aspects of federal anti-trust law  to better enable state regulators to oversee their activities. Yes,  there were federal laws that standardized certain aspects of the  business—think HIPAA and COBRA. Think about Medicaid, Medicare and SCHIP  while you’re at it. But when it came to health insurance regulation the  states reigned supreme.
Enter Congress and President Barack Obama stage left. With the  passage of the Patient Protection and Affordable Care Act the federal  role in shaping and regulating health insurance shifted significantly to  Washington, DC. The Secretary of the Department of Health and Human  Services is now arguably the most important health insurance regulator  in the country. The Department of Labor and Internal Revenue Service  will also play significant roles in determining the future of the  nation’s health insurance market and the choices (or lack of choices)  Americans have to meet their health care coverage needs. No wonder 
critics of the PPACA condemn the law as a “federal takeover.”
That the nexus of health plan oversight has shifted to the federal  government is beyond argument. The new health care reform law touches  everything from how medical plans are designed, priced, offered,  maintained and purchased. To conclude that state insurance regulators  are shunted to the sideline, however, dangerously overstates the case.  In fact, the PPACA invests tremendous flexibility in the states,  allowing them to implement the federal requirements in what will likely  be very divergent ways.
Rebecca Vesely, writing in 
Business Insurance, makes this clear in her article describing how two states, 
Vermont and Florida, are taking strikingly different paths in addressing health care reform.  Vermont has taken the first step toward creating a single payer system  by 2017. Legislation to set up a five member board to move the state in  this direction has already been enacted. And while many details need to  be worked out (funding, to name one) and Vermont will need to obtain a  waiver from the Centers for Medicare and Medicaid Services to put the  package together, the state is further down the road to single payer  than any other.
Then there’s Florida where the move is in the opposite direction.  That state is seeking to shift virtually all of its Medicaid population  from government coverage into private plans starting in July 2012. These  private managed care plans would be offered through large health care  networks with health plan profits above five percent shared with the  state. Whether this approach will achieve the $1.1 billion in first year  savings promised by the Governor or not, it has brought new  participants into the Medicaid marketplace such as Blue Cross and Blue  Shield of Florida.
The 
Business Insurance article includes a prediction by  Boston University law professor Kevin Outterson that the Obama  administration will sign off on the waivers Vermont and Florida need to  move forward.
What the starkly different approaches to reigning in skyrocketing  health care costs being taken by Florida and Vermont demonstrates is the  broad flexibility states retain in shaping their own health care  destiny. Yes, federal waivers are required, but that would be the case  even if the PPACA had never passed—Medicaid is a federal program after  all. The 
CMS web site lists 451 state waivers or demonstration projects in place today.  The concept of allowing experimentations and exceptions is ingrained in  the Medicaid program just as they are in the Patient Protection and  Affordable Care Act. There’s nothing wrong with this any more than  having shock absorbers on a car is an indictment of an automobile’s  chassis or tires. 
The marked variation in approaches being taken by Vermont and Florida  are extreme examples of what we’ll see as states implement exchanges  and other aspects of the Patient Protection and Affordable Care Act. Of  course, whether this is good news or bad news depends a great deal on  the state in which you live and work. States that are heavily tilted  toward one party or the other (I’m looking at you California and  Wisconsin) could make some of their residents yearn for the federal  government to step in and keep things in perspective. Given the way the  PPACA preserves state powers, however, they are going to be  disappointed.