As I read the ACA there were a lot of things that were left at the discretion of the Executive branch. There were all sorts of waivers that could be granted or taken away. Which is the only reason the congress critters aren’t required to adhere to it.
I see this Executive Order as a major implementation of the allowed waiver authority granted the Executive branch by the Legislative branch. Very similar to regulatory authority in a number of other areas, where the congress has (in my mind unconstitutionally despite what the SC stated in the early 1900s) passed regulatory authority to various executive bureaus, administrations, committees, commissions, etc.
Well, if the ACA is unconstitutional, which it is, then it doesn’t matter what its provisions are, because it the whole thing is invalid and should be rejected and nullified by the states and the President.
Valid presidential action here is to tell all concerned private parties and the states that they are free to simply ignore the ACA as an invalid and illegal act, and he should order a stop to any federal actions that implement or support the ACA. If there’s more to be done to undo it, then those steps should be taken.
The ACA is unconstitutional because the Constitution gives the feds no power over healthcare. Trump should NULLIFY/REJECT ENFORCEMENT OF ACA as unconstitutional but NOT try to unconstitutionally CHANGE or make new laws as an alternative and/or USE the invalid law to further unconstitutionally interfere with healthcare.