Sec. 6. Medical expenses for sports-related injuries and health care services for college athletes
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The Commission shall establish a medical trust fund to cover the cost of— for college athletes, the out-of-pocket expenses relating to any sports-related injury; and during the 5-year period beginning on the date on which an individual ceases to be a college athlete, the out-of-pocket expenses relating to any sports-related injury or illness suffered by such individual while the individual was a college athlete; medical expenses for college athletes and former college athletes diagnosed with certain sports-related conditions, including chronic traumatic encephalopathy; and independent medical second opinions for college athletes.
Not later than July 31 each year, institutions of higher education with athletic departments shall make contributions to the Fund as follows: An institution of higher education the athletic department of which generated less than $20,000,000 in total revenue during the preceding reporting year shall contribute 2.5 percent of such revenue to the Fund. An institution of higher education the athletic department of which generated $20,000,000 or more in total revenue during the preceding reporting year shall contribute 4 percent of such revenue to the Fund.
An institution of higher education that fails to make a timely contribution required by subparagraph
(A)shall— make the delinquent contribution retroactively; and be assessed— interest on such contribution at a rate of 10 percent annually; and a civil penalty that is the greater of— for each academic year concerned, the amount equal to 20 percent of the total athletic revenue generated by the institution of higher education; or $200,000. In the case of a first delinquent contribution, the Commission may waive the applicability of clause
(i)on request by the institution of higher education concerned if the institution of higher education makes the delinquent payment not later than August 7 of the year in which the payment was due. Before the expiration of eligibility for intercollegiate athletics, a college athlete shall be offered the opportunity to undergo a physical examination for the purpose of diagnosing any sports-related injury or condition. A college athlete shall have the right to obtain a medical second opinion independent from the medical opinion given by the institution of higher education at which the college athlete is enrolled. Any sports trainer or medical personnel employed by an institution of higher education shall— be employed by the health office of the institution of higher education; and operate independently from the athletic department.