The penalty is there regardless. Say I'm 21 and newly graduated and leave my parent's policy. I'm uninsured, but healthy. Two years later I get a new job that offers health insurance. Even though I am still in excellent health the insurance company can charge me the premium because I let my coverage lapse.
You can get your check mark back for preexisting mandate overriding the states. But the reconciled bill could still have the states decide that.
We're talking about the Senate bill and what's in it. When and if there is a reconciled bill then we can discuss what that includes and what it doesn't.
That's fine. In a free market they would not even if they can. First the employer would override them or if not the employer, another insurance company would offer some kind of discount to undo the penalty. The reason for a penalty is sick people. As harsh as it sounds, sick people who let their coverage lapse need to be penalized.