There is no need. ACA's biggest failure is that it is only a half-measure. People should be fined an amount equal to health insurance costs for a year if they fail to buy insurance (which premiums would be capped). Currently, the law is garbage. Insurance profits aren't seriously regulated. People can get out of buying insurance. The premiums aren't capped. It's like a skeletal framework for an actually useful policy.
Charging a penalty that size would be found unconstitutional. Failure to purchase insurance results in a tax, not a penalty, and that is why the Sup. Ct. ruled the provision to be constitutional. And insurance profits are regulated, the ACA imposes a medical loss ratio on all insurers. Tell the insurance companies that are losing money and going into bankruptcy (in Moda's case) due to the ACA that their profits aren't regulated (Aetna, Moda, Blue Cross/Blue Shield, United)Part if this is due to the additional claims by those not paying in (see next paragraph). With few exceptions, the ACA requires insurers to spend 80%/85% (small, individual/large market) of their premiums sans taxes and fees on medical costs. Add in overhead and broker fees and profits are slim to none.
The problem is, the ACA turned an insurance program (cost/risk sharing among members) into something different. Under the ACA, there are no exclusions for pre-existing conditions. Why pay for insurance every month when you can just sign up for insurance after you have something bad happen? Why pay for homeowners insurance every month if you can just purchase it after your house burns down? The result is a burden to the system caused by sick people that never paid in. So the program is an additional tax for those of us with insurance, and a burden to the insurance companies that have sick people signing up and needing immediate care.
Another issue, and to me, the biggest, is how much we pay for medical care in this country (medical goods, drugs, etc.) compared to what the rest of the world pays. Many other countries have single-payer systems, and those countries restrict reimbursements. We are a small portion of the drug and durable medical good companies total customer base, but we provide them with the lion share of their profits. It needs to stop.
Employer provided coverage must also provide minimum coverage and be affordable, but only for the employee (not their dependents/spouse). So while the ACA provides protection for reasonable employee coverage, the costs aren't capped for your family. My insurance is free, but to add my wife and child it would be $1,000/mo. So we go to the exchange for them, and have had to switch our insurer three years in a row due to insurers leaving the exchange. This has caused my family to find new doctors, etc.