That's not how legislation works. I don't understand why this wound up in the ACA, but it seems plainly peripheral, and anyone voting against the ACA on the basis of this legislative oddity would have earned far more wrath than they're getting now for having passed it.

It's not going to get fixed now because the Republicans benefit more from the impression that government doesn't work than they do by solving any problems. It'll get fixed at the eleventh hour.