My understanding is that the ACHA would have allowed insurance companies to charge higher rates to free riders.
@Jazzhead Text of the bill in reference to the forced 30% penalty
"“SEC. 2710A. ENCOURAGING CONTINUOUS HEALTH INSURANCE COVERAGE.
“(a) Penalty Applied.—
“(1) IN GENERAL.—Notwithstanding section 2701, subject to the succeeding provisions of this section,
a health insurance issuer offering health insurance coverage in the individual or small group market shall, in the case of an individual who is an applicable policyholder of such coverage with respect to an enforcement period applicable to enrollments for a plan year beginning with plan year 2019 (or, in the case of enrollments during a special enrollment period, beginning with plan year 2018),
increase the monthly premium rate otherwise applicable to such individual for such coverage during each month of such period, by an amount determined under paragraph (2).
“(2) AMOUNT OF PENALTY.—The amount determined under this paragraph for an applicable policyholder enrolling in health insurance coverage described in paragraph (1) for a plan year, with respect to each month during the enforcement period applicable to enrollments for such plan year, is the amount that
is equal to 30 percent of the monthly premium rate otherwise applicable to such applicable policyholder for such coverage during such month.