You can make the claim that the ACA never forced anyone to pay the tax, in a manner of speaking. Someone made the point that if the ACA was such a great deal they wouldn't have to "tax" people into buying it. Very good point.
The HoR HC bill has a decent way to solve the pre-existing conditions problem: you cannot keep the pre-existing conditions part of Obamacare without a mandate of some sort, or a penalty of some sort when you buy. I prefer making "free riders" pay more, way more in premiums, when they sign up for health care after getting a pre-existing conditions. It's only fair.