Really, even though he wasn't contacted? I had thought the rule was written so that it just counts as an incomplete pass and was no longer a foul that could be declined.
Legal forward pass touched by
1. Inbounds guy who was once out of bounds
Ruling: foul, zero yards, loss of down, but not an incomplete pass
2. Out of bounds guy
Ruling: loose ball out of bounds, incomplete pass, down ends immediately, no foul
3. Airborne guy who jumped from out of bounds
Ruling: guy is still out of bounds, see #2.
This is where your confusion comes from. #3 is the same as #2, but up until a few years ago, #3 was the same as #1 instead.
But nothing has changed about #1.