TBF, although that 'no discretionary treatment such as IVF' was part of the law that brought in the Immigration Health Surcharge, they never implemented that part: now they are.
Oh and that "obsure rule" needed for some EEA citizens and their familes using free movement, it was never obsure. It was clearly written in the EU Directive for free movement in 2004! Listed under each section of "qualifed person", so there could be no mistake what was required. All that has happened is that Brexit has caught out all those who are not lawfully in the UK.