Where are you getting this information? After a quick check, it seems that balance billing is illegal in almost every state. Regardless, your original argument was that he didn't have emergency coverage at all. Now are you arguing that his emergency coverage is there, but insufficient? Emergencies are covered as in-network.
Uh. No balance billing is ONLY limited/prohibited in 10 states. I don't know where the fuck you are getting your information. You are wrong. Completely and totally wrong on how emergency care and out of network works.
I think you are just confused.
Ok prior to the healthcare law, insurers were allowed to charge higher co-pays/co-insurance on emergency out-of-network care.
They are no longer allowed to do that, but again that co-pay and co-insurance is JUST ON THE ALLOWABLE AMOUNT. In an emergency situation you would pay the same co-pay and co-insurance as you would in network, on the ALLOWABLE AMOUNT. Anything above the allowable amount is 100% on the insured.
Key words in out of network coverage is ALLOWABLE AMOUNT. You are covered up to the allowable amount. You are NOT COVERED for anything above the allowable amount. Period.
Example.
You get into an accident out of network. Say you are in the hospital for 5 days
Hospital bills $100,000. Insurance sets a $50,000 allowable amount.
Say you have 20% co insurance and you pay the standard $150 co pay for ER and $150 co pay per day for hospital room.
So you would pay $150 for the ER, $750 for the hospital stay, then $10,000 for the co-insurance.
The insurer would pay $40,000.
The remaining $50k is on you because its not covered by the insurance.
This is why emergency med/evac insurance plans exist for about ~$200/year.