How Texas Demystified Insurance Talk

Last time I promised to write about Texas and how they made health insurance much more understandable. Like other states, Texas is charged with protecting their citizenry against misunderstanding and fraud. Health insurance policies are complicated and if there's a desire to sell a "pig in a poke", it can be easily hidden in the complicated language of the policy form. The Texas Department of Insurance saw this danger and established the following criteria: They require that (1) a short, succinct "Outline of Coverage" be included in the presentation to the prospective policy buyer, written in simple, easy to understand language and (2) any Policy Form, Outline of Benefits, Application, or any advertising material must be processed through a readability test called Flesh-Kincaid Readability test and pass before being approved. The passing results can not be lower than 70.
As a bench mark, here are the examples of some popular publications and their scores. In the Flesch-Kincaid Readability test, higher scores indicate material that is easier to read; lower numbers mark passages that are more difficult to read. Scores can be interpreted as shown in the table below.[1]
Score Notes

90.0–100.0 easily understandable by an average 11-year-old student
60.0–70.0 easily understandable by 13- to 15-year-old students
0.0–30.0 best understood by university graduates

Reader's Digest magazine has a readability index of about 65, Time magazine scores about 52, an average year 7 student's (eleven years) written assignment has a readability test of 60-70 (and a reading grade level of 6-7) and the Harvard Law Review has a general readability score in the low 30s. The highest (easiest) readability score possible is around 120 (e.g. every sentence consisting of only two one-syllable words).
My question is: If a state agency can mandate the use of such a scale, why is the proposed National Health Plan being offered to the U.S. Citizens in the overblown, complicaed form that even its advocates can't explain?