When Bruce Perens was getting questions from slashdot, I asked whether Obamacare should have mandated the use of open source software....
Easy to ask, difficult to do.
Obamacare barely passed when Congress considered it. If such an open-source requirement were in the law, then lobbyists from EPIC-type companies would be all over Congress, and Obamacare would have never passed.
Companies pay lobbyists to make sure Congress passes laws that put money into the companies' coffers. Things like cost-efficiency are not part of that equation.