> Un­der the Af­ford­able Care Act, hos­pi­tals must pay a penal­ty for each hos­pi­tal-ac­quired-in­fec­tion (HAI) oc­cur­ring with­in their in-pa­tient pop­u­la­tion. As a re­sult, if a pa­tient dies from a su­per­bug con­tract­ed dur­ing a pro­ce­dure such as surgery, the of­fi­cial cause of death may be in­stead list­ed as “Com­pli­ca­tions from Surgery.” Con­sis­tent and sys­temic un­der­count­ing of ill­ness­es and deaths from re­sis­tant in­fec­tions fur­ther dis­cour­ages the de­vel­op­ment of new an­tibi­otics as the num­ber of pa­tients who need these med­i­cines may ap­pear to be very small.

Sounds like the regulatory environment is overriding any market forces or customer needs.