No, the waiver was written in the law and like any tax law, it can be waived.
If Romney wanted not to look like he’s circumventing the law then reduce the tax penalty to $1 for every thousand owed. Tax negotiations happen every day.
Dropping the penalty to 1$ will not work. It will bankrupt the goernment plan, as well as the private insurers as nobody will buy insurance until needed.
A $1 penalty will work only if all Federal regs on what must be insured are dropped, as well as the requirement to take pre-existing conditions.
This law is so severely screwed up, complete repeal is the only answer. But then I think that was the intent, to make the only answer the one that will be the hardest to do.