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S. 4668IntroducedSenateHouse · nowPresidentLawIn the House
Sec. 106 · S. 4668

Medical coverage requirements

Title I — Protections of student athletes and fair competition

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The wording changed from Committee version to Passed the Senate. Removed words are struck through; added words are underlined.

How the text changed

Committee version · Sec. 106

(a) In general Each Division I institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, or an intercollegiate athletic association or conference comprised of Division I member institutions shall provide or cause to be provided— (1) during the participation of a student athlete in an intercollegiate sport— (A) all out-of-pocket medical expenses, such as copayments or deductibles, for the health care coverage of a student athlete for any injury or disease incurred through participation in an intercollegiate sport; (B) the expense for obtaining a medical second opinion independent of the institution for any injury or disease the student athlete incurred through participation in an intercollegiate sport; (C) catastrophic injury medical insurance for any injury or disease incurred through participation in an intercollegiate sport that exceeds $90,000 in medical costs; and (D) an end-of-college physical examination for a student athlete for the purpose of documenting and diagnosing any injury or condition related to the student athlete’s participation in an intercollegiate sport; and (2) for the 5-year period beginning on the date after the last intercollegiate competition for the student athlete, the cost of all out-of-pocket medical expenses of the student athlete for health care coverage for any injury or disease incurred through participation in an intercollegiate sport. (b) Intercollegiate athletic association post-Eligibility insurance and catastrophic injury fund or program (1) In general An intercollegiate athletic association comprised of member institutions that compete in Division I, Division II, or Division III, as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw, on behalf of its member institutions must establish a fund or program to help cover the cost of— (A) in the case of a Division I institution that generates less than $20,000,000 in total annual athletics revenue during the preceding academic year, compliance with subsection (a)(2) (or, in the case of a Division II or Division III institution, voluntary compliance with subsection (a)(2)), in the event of demonstrated financial hardship; and (B) post-eligibility medical expenses for a member institution’s student athletes diagnosed with significant long-term conditions related to their participation in an intercollegiate sport, including chronic traumatic encephalopathy and any other cognitive impairment. (2) Amount of fund The intercollegiate athletic association described in this subsection shall ensure that the fund or program established under this subsection is funded at an amount that totals at least $60,000,000 on the first day of each academic year. (3) Use of collective media rights In ensuring that the fund or program established under paragraph (2) is adequately funded, an intercollegiate athletic association may use the collective media rights revenue from a covered entity, in accordance with section 5(d)(3) of the Sports Broadcasting Act of 1961, as added by section 203. (c) Rule of construction Nothing in this section may be construed to preclude an intercollegiate athletic association from— (1) providing or causing to be provided to student athletes medical coverage in addition to the medical coverage required by subsection (a); or (2) exceeding $60,000,000 for the fund or program established in subsection (b) for any academic year.

•S 4668 RSSEC. 106
Passed the Senate · Sec. 106

(a) In general Each Division I institution, as defined by bylaw 20.9 of the National Collegiate Athletic Association, or a successor bylaw, each institution whose primary membership is in Division II or Division III (as so defined) only with respect to student athletes of the institution who compete in Division I, or an intercollegiate athletic association or conference comprised of Division I member institutions shall provide or cause to be provided— (1) during the participation of a student athlete in an intercollegiate sport— (A) all out-of-pocket medical expenses, such as copayments or deductibles, for the health care coverage of a student athlete for any injury or disease incurred through participation in an intercollegiate sport; (B) the expense for obtaining a medical second opinion independent of the institution for any injury or disease the student athlete incurred through participation in an intercollegiate sport; (C) catastrophic injury medical insurance for any injury or disease incurred through participation in an intercollegiate sport that exceeds $90,000 in medical costs; and (D) an end-of-college physical examination for a student athlete for the purpose of documenting and diagnosing any injury or condition related to the student athlete’s participation in an intercollegiate sport; and (2) with respect to a student athlete enrolled at the institution during their last year of eligibility to participate in intercollegiate athletic competition, for the 5-year period beginning on the day after the last intercollegiate competition for the student athlete, the cost of all out-of-pocket medical expenses of the student athlete for health care coverage for any injury or disease incurred through participation in an intercollegiate sport. (b) Intercollegiate athletic association post-eligibility insurance and catastrophic injury fund or program (1) In general An intercollegiate athletic association comprised of member institutions that compete in Division I, Division II, or Division III, as defined by bylaw 20 of the National Collegiate Athletic Association, or a successor bylaw, on behalf of its member institutions must establish a fund or program to help cover the cost of— (A) in the case of a Division I institution that generates less than $20,000,000 in total annual athletics revenue during the preceding academic year, compliance with subsection (a)(2) (or, in the case of a Division II or Division III institution, voluntary compliance with subsection (a)(2)), in the event of demonstrated financial hardship; and (B) post-eligibility medical expenses for the student athletes of a member institution who are diagnosed with significant long-term conditions related to their participation in an intercollegiate sport, including chronic traumatic encephalopathy and any other cognitive impairment. (2) Amount of fund (A) In general Subject to increases under subparagraph (B) and the limitation under subparagraph (C), the intercollegiate athletic association described in this subsection shall ensure that the fund or program established under this subsection is funded at an amount that totals not less than $60,000,000 on the first day of each academic year. (B) Subsequent increase Subject to the limitation under subparagraph (C), if the amount funded for the fund or program established under this subsection is depleted for an academic year, that amount for the next academic year shall be increased by $5,000,000 as compared to the amount for the previous academic year. (C) Limitation The amount funded for the fund or program established under this subsection shall not exceed $100,000,000. (3) Use of collective media rights In ensuring that the fund or program established under paragraph (2) is adequately funded, an intercollegiate athletic association may use the collective media rights revenue from a covered entity, in accordance with section 5(d)(3) of the Sports Broadcasting Act of 1961, as added by section 203. (c) Rule of construction Nothing in this section may be construed to preclude— (1) an intercollegiate athletic association, conference, or institution from providing or causing to be provided to student athletes medical coverage in addition to the medical coverage required by subsection (a); or (2) an intercollegiate athletic association from exceeding $60,000,000 for the fund or program established in subsection (b) for any academic year.

•S 4668 ESSEC. 106

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