Under the ACA, in and out of network must have the same cost sharing for ER care. It’s the risk you run having such a high deductible plan. But I’m sure you’ve saved monthly by paying lower premiums for such a low coverage plan.
Under ACA Bronze, the worst plan, his copay should have been 40%.
Is it your assertion that $7,900 is 40% of $11,800?
A minimum value ACA plan must have > 60% AV and cover the essential health benefits. The coinsurance % is irrelevant so long as it meets those requirements.