I have been listening to Rand Paul say that the GOP plan transferred payment of thee mandate penalty from the govt to the insurance company and this he says might be unconstitutional. But the car insurance market already have such a penalty for gaps in individual coverage. Essentially, when you have a gap of more than 3 months in coverage, you get a surcharge in your premium for having a gap in coverage.
Personally, I think insurance companies should be left alone, no bailout, no regulation of the market to prevent competition. Only regullation should be against fraud, so if they want to put a penalty on gaps in coverage, they should have the right to do it and I would have the right not to buy their product