If the writer of this section said this publicly, and it is documented that he said it, this fact should be used to nullify any argument that the wording doesn't capture the intent.
"And if all others accepted the lie which the Party imposed -if all records told the same tale — then the lie passed into history and became truth. 'Who controls the past,' ran the Party slogan, 'controls the future: who controls the present controls the past.' And yet the past, though of its nature alterable, never had been altered. Whatever was true now was true from everlasting to everlasting. It was quite simple. All that was needed was an unending series of victories over your own memory. 'Reality control', they called it: in Newspeak, 'doublethink'."
The purpose of that phrase in the ObamaCare Law is and always has been merely a typographic error. The author misspoke repeatedly when he said otherwise. The Ministry of Truth has spoken on this topic, and the past is now what it always has been; newspapers and video will shortly be updated to match the blueprint for reality that George Orwell's 1984 provided to our Big Brother.