Sec. 5. Medical expenses for sports-related injuries and health care services for college athletes
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Each institution of higher education reporting $20,000,000 or more in total athletics revenue to the Department of Education during the preceding academic year shall be financially responsible for the out-of-pocket sports-related medical expenses of each college athlete of the institution, including expenses related to communicable illnesses acquired by a former college athlete during their intercollegiate athletics eligibility, during the 2-year period beginning on the date of the former college athlete’s last team athletic activity.
Each institution of higher education reporting $50,000,000 or more in total athletics revenue to the Department of Education during the preceding academic year shall— offer nationally portable primary medical insurance to each enrolled college athlete, paid for by the institution; and be financially responsible for the out-of-pocket sports-related medical expenses of each college athlete of the institution, including expenses related to communicable illnesses acquired by a former college athlete during their intercollegiate athletics eligibility, during the 4-year period beginning on the date on which the former college athlete ceased to be an enrolled college athlete.
If a college athlete of an institution of higher education that is responsible for the college athlete’s medical expenses chooses to receive medical care independent from the institution of higher education’s network, the institution of higher education shall pay the amount that is the lesser of— the out-of-pocket expenses for such medical care; or the amount the institution would have paid if the college athlete had received the medical care within the institution of higher education’s network.
An institution of higher education— shall pay for a college athlete to obtain an independent second opinion with respect to a sports-related medical condition; and shall not impede a college athlete’s right to obtain such second medical opinion. The Commission shall establish a medical trust fund to cover the cost of— for enrolled college athletes, the out-of-pocket expenses relating to any athletic program-related injury or illness not covered by an institution of higher education; and during the 4-year period beginning on the date on which an individual ceases to be an enrolled college athlete, the out-of-pocket expenses relating to any athletic program-related injury or illness suffered by such individual while the individual was an enrolled college athlete; medical expenses for college athletes diagnosed with athletic program-related conditions, including chronic traumatic encephalopathy or other cognitive impairment; and independent medical second opinions for enrolled college athletes.
Not later than July 31 each year, each athletic association and conference that generates over $200,000,000 in annual athletics revenue shall make contributions to the Fund in an amount determined by the Commission that totals, in the aggregate, not more than $50,000,000 to help cover the costs of medical treatment described in paragraph
(1)for the applicable academic year. In determining amounts to be contributed by athletic associations and conferences under subparagraph (A), the Commission shall take into account their respective athletics revenues. 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 athletics 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 14 of the year in which the payment was due. Not later than 3 days after the date on which the regular season of the sport of a college athlete ends during the college athlete’s final year of intercollegiate athletics eligibility (or in the case of a transfer, not later than 3 days after receiving a college athlete’s notice of intent to transfer), an institution of higher education shall provide the college athlete notice of, and an opportunity to undergo, a physical examination within or independent of the institution of higher education’s network for the purpose of diagnosing any athletic program-related injury or condition. A former college athletes shall be allowed not less than 60 days to complete a physical examination under paragraph (1). An enrolled college athlete shall have the right to obtain a medical second opinion independent from the medical opinion given by the institution of higher education of the enrolled college athlete. Any sports trainer, licensed mental health professional, or medical personnel employed by an institution of higher education shall— be employed by an office or department of the institution of higher education that is independent of the athletic department; and operate independently from the athletic department. Any sports trainer, licensed mental health professional, or medical personnel who volunteers to provide athletic training or mental health or medical services for college athletes for an institution of higher education shall operate independently from the athletic department.