They've had roughly 15 years to close this loophole, multiple times it's come up, and the vast majority of the teams decline to do so.You could simply allow the players to be activated but you don't allow the team to ice a group that costs more than the cap. Make them pick and choose who they play as they get healthy.
I'm honestly surprised the Avs are not one of the teams that has pounded the table to try and end this because their ownership group wants very little to do with excess costs. But alas, they're one of the organizations okay with what Vegas and Tampa (and Chicago) have done over the years.