Just wanted to share a datapoint given the confusing IRS stance: for 2017 tax year, I filed a 1040 leaving line 61 (the shared responsibility payment) blank and not checking the “full-year coverage” box (and having no 1095 sent to the IRS indicating I had coverage), and the IRS processed the return including issuing a refund.
So it appears EO 13765 is in effect (pending later audit of course).