Article 22 PLAYER HEALTH AND WELLNESS

22.1 Requirements for Certain Team Player Health Professionals.

Each Team must secure the services of at least two (2) physicians as lead team physicians, at least one (1) of whom must be board certified in orthopedic surgery and at least one (1) of whom must be board certified in internal medicine, family medicine, or emergency medicine. Beginning with the 2017-18 Season, each individual hired for the first time to perform services as a team physician must be a duly licensed physician who as of the hiring date: (i) is board certified in his/her field of medical expertise; (ii) has successfully completed a fellowship in sports medicine, has a Certification of Added Qualification (CAQ) in sports medicine, or has other “sports medicine” qualifications as the parties may agree; and (iii) has at least five (5) years of clinical experience following the completion of such fellowship or CAQ (or of such other “sports medicine” qualifications as agreed by the parties). Each individual who performs services as a team physician additionally must be trained and hold a current certification in Basic Life Support, Basic Trauma Life Support, Advanced Cardiac Life Support, or Advanced Trauma Life Support. The NBA will issue additional rules regarding game coverage by team physicians, which shall include, among other requirements, that each Team ensure attendance at each home game of at least one (1) team physician who is board certified in orthopedic surgery and at least one (1) team physician who is board certified in internal medicine, family medicine, or emergency medicine.
Each Team must secure the services of at least one (1) athletic trainer to serve as the Head Athletic Trainer and one (1) athletic trainer to serve as an Assistant Athletic Trainer on a full-time basis. Beginning with the 2017-18 Regular Season: (i) each individual hired for the first time to perform services as an athletic trainer for a Team must as of the hiring date: (a) be certified by the National Athletic Trainers Association (NATA) or the Canadian Athletic Therapists Association (CATA) (or a similar organization as the parties may agree), and (b) be trained and hold a current certification in Basic Life Support, Basic Trauma Life Support, Advanced Cardiac Life Support, or Advanced Trauma Life Support; and (ii) each individual hired for the first time to perform services as a Head Athletic Trainer for a Team must, as of the hiring date, have at least three (3) years of experience as an athletic trainer since he/she first received such foregoing athletic training certification. The NBA will issue additional rules regarding game coverage by athletic trainers.
Each Team must secure the services of at least one (1) strength and conditioning coach on a full-time basis and designate one (1) strength and conditioning coach as the Head Strength and Conditioning Coach. Beginning with the 2017-18 Regular Season: (i) each individual hired for the first time to perform services as a strength and conditioning coach for a Team must, as of the hiring date, have a degree from an accredited four-year college or university and a certification from the National Strength and Conditioning Association (NSCA) (which, for each individual hired for the first time beginning with the 2023-24 Season, must be a Registered Strength and Conditioning Coach (RSCC) or Certified Strength and Conditioning Specialist (CSCS) certification from the NSCA) (or a certification from a similar organization as the parties may agree), and (ii) each individual hired for the first time to perform services as a Head Strength and Conditioning Coach for a Team must, as of the hiring date, have at least three (3) years of experience as a strength and conditioning coach since he/she first received such foregoing strength and conditioning certification. In addition, all individuals who perform services as a strength and conditioning coach for a Team must be trained and hold a current certification in Basic Life Support, Basic Trauma Life Support, Advanced Life Support, or Advanced Trauma Life Support.

22.2 One Surgeon.

Each Team agrees that a player requiring the care and treatment of an orthopedic surgeon will, so far as practicable, be referred to and treated by one (1) orthopedic surgeon (rather than several).

22.3 NBA Physicians Association.

Representatives designated by the Players Association shall participate in meetings of the NBA Physicians Association for the purpose of discussing matters related to the medical care and treatment of players.

22.4 Disclosure of Medical Information.

A Team physician may disclose all relevant medical information concerning a player to (i) the General Manager, coaches, and trainers of the Team by which such player is employed, (ii) any entity from which any such Team seeks to procure, or has procured, an insurance policy covering such player’s life or any disability, injury, illness, or other medical condition such player may suffer or sustain, and (iii) subject to the terms of Sections 4(d)-(e) below, the media or public on behalf of the Team.
Should it be requested in connection with the contemplated assignment of a player’s Uniform Player Contract to one or more NBA Teams, a Team’s physician may furnish all relevant medical information relating to the player to (i) the physicians and General Manager, coaches, and trainers of such other Team or Teams, and (ii) any entity from which any such other Team seeks to procure, or has procured, an insurance policy covering such player’s life or any disability, injury, illness, or other medical condition such player may suffer or sustain.
Should a Team assign a player to the NBAGL, such Team’s physician may furnish all relevant medical information relating to the player to (i) the physicians and General Manager, head coaches, and trainers of the player’s NBAGL team, and (ii) any entity from which the Team, the NBAGL, or the player’s NBAGL team seeks to procure, or has procured, an insurance policy covering such player’s life or any disability, injury, illness, or other medical condition such player may suffer or sustain. In addition, an NBAGL team physician may furnish all relevant medical information relating to the player to the physicians and General Manager, coaches, and trainers of the player’s Team.
Subject to Section 4(e) below, each Team may make public medical information relating to the players in its employ, provided that such information relates solely to the reasons why any such player has not been or is not rendering services as a player. If a player, in the judgment of the Team, is expected to be unable to participate in any basketball practice or game due to an injury, illness, or other medical condition for a period of two or more weeks, the Team’s first public statement regarding such player’s injury, illness, or other medical condition may only describe such injury, illness, or other medical condition and the anticipated date when such player will be re-evaluated by the Team. The Team may make subsequent public statement(s) with all relevant medical information only after such re-evaluation has occurred.
A player or his immediate family (where appropriate) shall have the right to approve the terms and timing of any public release of medical information relating to any injuries, illnesses, or other medical conditions suffered by that player that are potentially life- or career-threatening, or that do not arise from the player’s participation in NBA games or practices. If a Team or the NBA requests such approval and the player or his immediate family (where appropriate) does not provide it, then the Team is limited to disclosing that an injury, illness, or other medical condition is preventing a player from rendering services to the Team and that the anticipated length of the player’s absence from rendering services to the Team is unknown.
Nothing in Sections 4(d)-(e) shall limit a Team from disclosing medical information related to an injury, illness, or other medical condition with respect to any player who has made medical information available publicly that is inconsistent with the written opinion of a Team physician.
In addition to the access set forth in Article XXII, Section 8 of the CBA below, a player is entitled access to his own medical records and the Team shall use best efforts to provide such information on or before forty-eight (48) business hours of a player request.

22.5 Vaccination Education and Recommendations.

The NBA and the Players Association shall, at least annually, jointly recommend, and issue educational materials to players (in connection with the Rookie Transition Program and Team Awareness Meetings described in Article VI, Section 4 of the CBA and via written materials provided to all players) regarding, the health benefits of vaccinations recommended by the CDC (i.e., as of the effective date of this Agreement, COVID-19, measles, mumps, and rubella (MMR), influenza, tetanus and pertussis, varicella (chicken pox), Hepatitis B) and the meningococcal vaccine.

22.6 Selection of Team Physician and Other Health Care Providers.

Each Team has the sole and exclusive discretion to select any doctors, hospitals, clinics, health consultants, or other health care providers (“Health Care Providers”) to examine and/or treat players pursuant to the terms of this Agreement and the Uniform Player Contract; provided, however, no Team will engage any such Health Care Provider based primarily on a sponsorship relationship (or lack thereof) with the Team, and without considering the Health Care Provider’s qualifications (including, e.g., medical experience and credentials) and the goal of providing high quality care to all of its players.

22.7 Health and Performance Screenings.

Players shall undergo reasonable screening and baseline testing (e.g., pursuant to NBA cardiac and concussion protocols) and, in connection with such screening and testing, shall accurately and completely answer all reasonable health questions (including, upon request, providing accurate and complete medical histories). Players additionally shall participate in any league-wide biomechanics screening and assessment program upon request and direction by the NBA, provided that, prior to implementing any such program, the NBA shall consult with the Players Association, and provided further that any such assessment program shall require no more than four (4) assessments for any one Season. Any other new league-wide performance screening and assessment program directed by the NBA and required for players shall require prior agreement of the NBA and the Players Association.

22.8 Electronic Medical Records.

The NBA will use, during the Term, an electronic medical records system (“EMR”) that will provide a secure, searchable, centralized database of player health information. To the extent health information disclosures are permitted by this Agreement (including the Uniform Player Contract), such disclosures may be made via secure systems within the EMR. In addition, the EMR will: (i) allow for the NBA (but not the Teams) to conduct player health and safety reviews; (ii) allow for authorized academic researchers to access the data (on a de-identified basis) and conduct studies designed to improve player health and broaden medical knowledge (provided that the Players Association will be provided with notice prior to any such access and gives its consent, such consent not to be unreasonably withheld); and (iii) give players the ability to easily access their own health information and to grant access to such information to physicians of their choice both during and after their careers.
To satisfy the requirement in Section 8(a)(iii) above, by no later than the end of the 2023-24 Season, the NBA shall make available a mobile app for exclusive use by players to facilitate direct access for each player to such information in the EMR. The NBA shall also provide the same or similar access through the app for exclusive use by former players in respect of whom the EMR contains medical information. Following the 2023-24 Season, and annually following each Season thereafter, the NBA shall provide a Players Association-designated physician with a summary report for each player, which will summarize information on such player from the EMR (identified by player name) regarding such player’s injuries, illnesses, or medical conditions, imaging studies, prescription medications, surgeries, vaccinations, concussions and concussion evaluation, and cardiac screening. In order to confirm player consent for the NBA to provide the above summary and related information to the Players Association, the NBA shall include in the NBA’s health information authorization, which in accordance with Paragraph 7(i) of the UPC each player is required to sign annually, an authorization for the NBA to provide medical records to the Players Association.

22.9 Concussion, Cardiac, and Emergency Medical Preparedness Policies.

A concussion policy designed to maximize the neurological health of players shall be in effect during the Term. The concussion policy will be reviewed and updated periodically by the NBA in conjunction with the NBA Physicians Association and the NBA’s Concussion Advisory Committee in order to keep the policy current and consistent with the evolving science of concussion management. Prior to any update to the concussion policy, the NBA shall consult with the Players Association.
A cardiac screening policy designed to identify cardiovascular risks for players shall be in effect during the Term. The cardiac screening policy will be reviewed and updated periodically by the NBA in conjunction with the NBA Physicians Association and the NBA’s Cardiac Advisory Committee in order to keep the policy current and consistent with the evolving science of sports cardiology. Prior to any update to the cardiac screening policy, the NBA shall consult with the Players Association.
A policy for response to medical emergencies designed to provide a framework for a rapid response to on-court emergencies shall be in effect during the Term. The emergency medical preparedness policy will be reviewed and updated periodically by the NBA in conjunction with the NBA Physicians Association and the NBA’s Emergency Medical Preparedness Committee in order to keep the policy current and consistent with recommendations from organizations and experts with emergency response expertise. Prior to any update to the emergency medical preparedness policy, the NBA shall consult with the Players Association.

22.10 Second Opinion.

Subject to the additional terms in subsections (b) through (e) below, players shall have the right to receive a second medical opinion at the Team’s expense regarding the course of treatment for an injury, illness, or other medical condition that either: (i) has prevented the player from participating in a Regular Season, Play-In, or playoff game for two (2) weeks or more; (ii) in the opinion of a Team physician for the player’s Team, is more likely than not to prevent the player from being able to participate in an NBA game for two (2) weeks or more (or during the off-season, from participating in competitive basketball without restriction for two weeks or more); (iii) in the opinion of the Team physician will not be significantly aggravated by the player continuing to participate in NBA games (or during the offseason participating in basketball without restriction) when the player reasonably believes that continued participation will significantly aggravate his injury, illness, or other medical condition; (iv) results in direction from the Team physician that the player should undergo surgery; or (v) results in direction from the Team physician that the player should not undergo surgery when the player reasonably believes that surgery is necessary for the injury, illness, or other medical condition. The foregoing shall not limit a player’s ability to obtain a second medical opinion in circumstances other than those set forth in Sections 10(a)(i)-(v) above, provided that the Team shall not be obligated to pay for or consider any such second opinion.
The parties will maintain and publish annually a list (the “Second Opinion List”) of jointly-appointed medical specialists, including one or more psychiatrist(s) (each a “Second Opinion Physician”), by specialty and by geographic region in the United States and Canada, to provide players with the second medical opinions described in subsection (a) above. At least two (2) board-certified physicians shall be designated as Second Opinion Physicians for each specialty in each of the geographic regions.
Each Second Opinion Physician will be included on the Second Opinion List for the duration of this Agreement, unless either the NBA or the Players Association has provided written notice to the other party that a physician should be removed from the Second Opinion List (i) by December 1 of any year covered by this Agreement; or (ii) at any time of any year covered by this Agreement, for failure to provide a player’s Team with all information relating to a consultation with the player within two (2) business days following the consultation; provided that, for the first such failure, a party is required to issue a warning to the Second Opinion Physician (following written notice to the other party), with removal permitted thereafter if the Second Opinion Physician does not provide the player’s Team with all information relating to such consultation within two (2) business days following the warning, or for the second or any additional instances in which the Second Opinion Physician does not timely provide a player’s Team with all information relating to a consultation with the player. Such removal shall be effective immediately, provided that, unless otherwise agreed by the parties, such removal shall not affect any second opinion process involving such Physician that has previously been requested by a player.
Prior to obtaining a second opinion, a player shall notify the Team in writing of his decision to seek such second opinion, the name of the physician who will be performing the evaluation, and the date and location of the evaluation. Upon receiving such notice and prior to the player’s evaluation, the Team will make available to the physician relevant medical information regarding the player.
If, pursuant to subsections (a) through (d) above, a player obtains a second opinion from a Second Opinion Physician, the Team will pay the medical costs associated with the second opinion provided such cost is reasonable for the consultation.
In connection with obtaining a second opinion from a Second Opinion Physician pursuant to subsections (a) through (e) above, a player may not be absent from the Team for an unreasonable period of time or miss any games without authorization of the Team.
If the Second Opinion Physician provides the Team with a written opinion, and the player has otherwise complied with Paragraph 7(h) of the UPC, the Team will be required to consider the second opinion in connection with diagnosis or treatment. For clarity, nothing in this Section 10 shall be construed to alter or limit in any way the rights of any Team or the obligation of any player under the CBA or Uniform Player Contract, including without limitation pursuant to the provisions of Paragraph 7 of the Uniform Player Contract.

22.11 Fitness-to-Play.

The parties shall establish panels of physicians (each a “Fitness-to-Play Panel”) for the purpose of determining, as set forth in this Section 11, whether players with potentially life-threatening injuries, illnesses, or other medical conditions (or any of the foregoing that have the potential to result in paralysis or other permanent spinal injury) are medically able and medically fit to practice and play basketball in the NBA. Each Fitness-to-Play Panel shall consist of one (1) physician appointed by the NBA, one (1) physician appointed by the Players Association, and one (1) physician appointed by agreement of the first two (2) physicians. Each member of each Panel shall: (i) be board certified and fellowship trained in his/her field of medical expertise; (ii) be a specialist in the subject matter of the applicable Fitness-to-Play Panel; and (iii) have at least ten (10) years of post-fellowship clinical experience. Each Panel will operate by majority vote, including, but not limited to, its fitness to play determinations. Once appointed, each physician on a Fitness-to-Play Panel shall be included on such Panel for the duration of this Agreement, unless either the NBA or the Players Association has, by December 1 of any year covered by this Agreement, served written notice to the other party that a physician has been removed from such Panel. A party may not remove the physician that the other party appointed to a Fitness-to-Play Panel. In the event that either party removes a physician from a Fitness-to-Play Panel pursuant to the foregoing, such removal shall be effective immediately, provided that, unless otherwise agreed to by the parties, a physician will continue to serve on the Fitness-to-Play Panel in respect of any determination on a player’s injury, illness, or other medical condition that has been referred to the Panel but for which the Panel has not yet issued its written determination.
The parties shall create one or more Fitness-to-Play Panels as are necessary to address injuries, illnesses, or other medical conditions that are potentially life-threatening or have the potential to result in paralysis or other permanent spinal injury for the player (e.g., cardiac illnesses and conditions, blood clots, and other blood conditions and disorders).
If the NBA, a Team, or the Players Association has been advised by a physician that a player is medically unable and/or medically unfit to perform his duties as a professional basketball player as a result of a potentially life-threatening injury, illness, or other medical condition and/or that performing such duties would likely create a materially elevated risk of death, paralysis, or other permanent spinal injury for the player, then the NBA, a Team, or the Players Association may refer the player to a Fitness-to-Play Panel by making such a referral in writing to the player and to the NBA, Team, and Players Association, as applicable. Once so referred, the player will not be permitted to play or practice in the NBA until he is cleared to do so by the Panel as set forth below.
1. Upon the referral described in subsection (c) above, the Panel will be provided with all medical information in the player’s medical file that any member of the Panel deems relevant to the injury, illness, or other medical condition for which the player was referred. The Panel will review the player’s injury, illness, or other medical condition (which review shall include an in-person examination of the player by each member of the Panel unless such member determines that an examination by him/her would serve no useful purpose). Upon conclusion of its review, the Panel shall provide a report to the NBA, the player’s Team, and the Players Association setting forth its determination and the reasons therefor.
2. The determination to be made by the Panel is whether, in the Panel’s reasonable medical judgment and experience, and having considered current medical knowledge and the best available objective evidence: (i) the player is medically able and medically fit to perform his duties as a professional basketball player; and (ii) performing such duties would not create a materially elevated risk of death, paralysis, or other permanent spinal injury for the player. Where there are authoritative medical guidelines on fitness for athletic participation and a particular injury, illness, or other medical condition (e.g., the American Heart Association/American College of Cardiology Scientific Statements on Eligibility and Disqualification – Recommendations for Competitive Athletes with Cardiovascular Abnormalities), the Panel will consider such guidelines in making its determination.
3. Subsequent to the player being referred to a Fitness-to-Play Panel, and prior to the Panel’s review of the player’s injury, illness, or other medical condition, the player (on behalf of himself, his heirs, and assigns) shall be required to sign a release and covenant not to sue agreement in the form agreed upon by the parties; provided that this agreement shall not apply to any claim of medical malpractice against a Team-affiliated physician or any physician retained by the NBA or Players Association for the medical evaluation process.
In the event that the Fitness-to-Play Panel determines that the player is medically able and medically fit to play professional basketball pursuant to the standard in subsection (d) above: (i) the player will be required to sign an informed consent and assumption of risk agreement in the form agreed upon by the parties before he is able to play or practice in the NBA; and (ii) upon satisfying the prior clause, shall be deemed at that time medically able and fit to play basketball in the NBA and permitted to do so.
If the Fitness-to-Play Panel does not determine that the player is medically able and medically fit to play professional basketball pursuant to the standard in subsection (d) above, the NBA, a Team, or the Players Association may again refer the player to the Fitness-to-Play Panel beginning on the later of the first day of the Season that begins immediately following the date on which the Panel issued its report or nine (9) months after such date. The party making such referral must have been advised in writing by a physician that there have been materially changed circumstances since the Panel issued its report (e.g., medical advances or a material change in the player’s medical condition) such that the Panel should reconsider its determination. If a player is referred under this subsection (f), the Fitness-to-Play Panel shall be comprised of the same members that reviewed and determined the player’s initial referral, provided that the physicians on such panel are available.
Nothing in this Section 11 shall obligate a Team to permit a player to play or practice for the Team, even if a Fitness-to-Play Panel determines that the player is medically able to do so. If the Team disagrees with the Fitness-to-Play Panel’s conclusion and refuses to permit the player to play and practice with the Team due to the injury, illness, or other medical condition for which the player was referred to the Fitness-to-Play Panel, then the Team will be required, within sixty (60) days of the Panel’s issuance of its report (or, if the report is issued during the period from the date that is sixty (60) days prior to the date of the NBA trade deadline through May 31, then by August 1) (the “Evaluation Period”), to either trade the player, agree to amend the player’s Contract in accordance with Article II, Section 3(p) of the CBA, waive the player pursuant to Paragraph 16 of the Uniform Player Contract, or waive the player pursuant to the “Partial Waiver Procedure” described in Section 11(i) below (a “Partial Waiver”); provided, however, that the foregoing shall not apply to any player who is in the last year of his Contract (excluding any Option Year) at the time that the Panel provides its report to the NBA, the player’s Team, and the Players Association pursuant to Section 11(d)(1) above. During the Evaluation Period, the player, shall cooperate with the Team in connection with the Team’s efforts to evaluate the player’s injury, illness, or other medical condition, including by, among other things, in a prompt and diligent manner supplying all information requested of him, completing medical forms, and submitting to all examinations, tests, and workouts requested of him by or on behalf of the Team.
If a player referred to a Fitness-to-Play Panel satisfies the waiting period set forth in Article VII, Section 4(h)(1) of the CBA at the time of such referral (or any time thereafter prior to the Panel issuing its report), then the Team may request that such Panel, acting by majority vote, also serve as the physician described in Article VII, Section 4(h)(2) of the CBA, and accordingly provide in the Panel’s report a determination for the purposes of Article VII, Section 4(h) of the CBA.
In order for an eligible Team, pursuant to Section 11(g) above, to designate an eligible player’s Contract for a Partial Waiver, the Team must provide written notice of such waiver and designation to the NBA. Once a Team duly invokes the Partial Waiver Procedure, such procedure shall operate as follows:
1. The waiver period shall be the same as the period for other waivers.
2. Any Team other than the Team requesting the waiver may submit either a Full Waiver Claim or a Partial Waiver Claim for the player. A “Full Waiver Claim” is a claim for the full value of the remaining term of the Contract pursuant to Section 5 of the NBA By-Laws. A “Partial Waiver Claim” is a discount bid of a specified dollar amount (rounded to the nearest dollar) for a portion of the value of the remaining term of the Contract. A Partial Waiver Claim can be for any amount equal to or greater than the total of the applicable Minimum Player Salary for all of the Remaining Protected Years (as defined below) of the Contract and less than the total of the full Base Compensation provided for in all of the Remaining Protected Years of the Contract, provided that a Partial Waiver Claim may never be less than the total of the unprotected Base Compensation provided for in all of the Remaining Protected Years of the Contract. A “Remaining Protected Year” means any remaining year of the Contract that contains any amount of Base Compensation protection that is not contingent on some event occurring on a date after the request for waivers; any remaining years of the Contract that are not Remaining Protected Years shall hereinafter be referred to as “Remaining Unprotected Years.” For clarity, any Player Option Year in which the Contract includes the language in Article XII, Section 2(a)(A) and the Effective Season of an ETO shall be a Remaining Protected Year, and any Player Option Year in which the Contract that includes the language in Article XII, Section 2(a)(B) and any Team Option Year shall be a Remaining Unprotected Year.
3. In order to submit a Partial Waiver Claim, the Team must have a Team Salary below the Salary Cap and room equal to at least the portion of the Claiming Team Base Compensation Obligation (as defined in subsection (vi)(A) below) plus any Likely Bonuses applicable to the first Year of the Remaining Protected Years of the Contract. For purposes of the preceding sentence, “room” includes room that can be unilaterally created by the claiming Team (e.g., via renouncements or waivers, but not via trades) and such room must be created immediately upon the awarding of the player pursuant to this waiver procedure.
4. If at least one (1) Full Waiver Claim is submitted during the waiver period, the Contract shall be awarded to the Team submitting a Full Waiver Claim that is entitled to the highest order of preference in accordance with the waiver procedures set forth in the NBA Constitution and By-Laws. If no Full Waiver Claim is submitted and at least one (1) Partial Waiver Claim is submitted, the Contract shall be awarded to the Team submitting the highest Partial Waiver Claim in total dollars (or, if more than one (1) Team submits the highest Partial Waiver Claim in total dollars, to the Team submitting the highest Partial Waiver Claim in total dollars that is entitled to the highest order of preference in accordance with the waiver procedures set forth in the NBA Constitution and By-Laws).
5. If there is no Full Waiver Claim or Partial Waiver Claim submitted for the Contract during the waiver period, the Contract shall be terminated.
6. In the event that the Contract is awarded to a Team (the “Claiming Team”) as the result of a Partial Waiver Claim:
  1. The Claiming Team shall be responsible for payment of the player’s Base Compensation in an amount equal to the total dollar amount of the Partial Waiver Claim allocated over the Remaining Protected Years of the Contract in proportion to the Base Compensation amounts provided for in each Remaining Protected Year of the Contract (e.g., if the player has two (2) years remaining on his Contract with $10 million of Base Compensation in year one that is fully protected and $11 million of Base Compensation in year two that is fifty percent (50%) protected and the winning Partial Waiver Claim was for $6 million, the Claiming Team shall be responsible for $2.86 million of the player’s Base Compensation in year one and $3.14 million in year two) (the “Claiming Team Base Compensation Obligation”). The waiving Team shall be responsible for paying the total Base Compensation in each Remaining Protected Year of the Contract less the Claiming Team Base Compensation Obligation for each Remaining Protected Year of the Contract (the “Waiving Team Base Compensation Obligation”). In addition to the Claiming Team Base Compensation Obligation, the Claiming Team shall also be responsible for the total amount of all other Compensation obligations contained in the Contract other than Base Compensation (including, but not limited to, the full amount of any Incentive Compensation) and the total Base Compensation for any Remaining Unprotected Year.
  2. The Claiming Team Base Compensation Obligation plus any Likely Bonuses applicable to each Remaining Protected Year of the Contract and the total Base Compensation plus any Likely Bonuses of any Remaining Unprotected Year shall be included in the Team Salary of the Claiming Team immediately upon the awarding of the player to the Claiming Team pursuant to this waiver procedure.
  3. The Claiming Team may not trade a player awarded as a result of a Partial Waiver Claim until the July 1 following the award of the player’s Contract to the Claiming Team pursuant to this waiver procedure. If a Claiming Team proposes to trade to another Team a player awarded as a result of a Partial Waiver Claim (after the waiting period set forth in the preceding sentence) or if the Claiming Team subsequently waives the player and another Team proposes to acquire such player in accordance with the NBA waiver procedure, then: (i) for purposes of determining (a) whether the acquiring Team has Room for the Contract, and (b) in the case of a trade, the amount of any Traded Player Exception in respect of such player’s Contract, the player’s Salary shall be deemed to equal the Claiming Team Base Compensation Obligation plus any Likely Bonuses applicable to the then-current Salary Cap Year; and (ii) the acquiring Team shall thereafter be deemed the Claiming Team for the purposes of this Section 11(i).
  4. The Claiming Team shall be responsible for making all payments to the player (and paying all related payroll taxes) other than Compensation due with respect to any Season prior to the waiver. The waiving Team shall reimburse the Claiming Team for the portion of the Waiving Team Base Compensation Obligation applicable to each pay period on or before each applicable pay date.
7. In the event that the Contract is awarded to the Claiming Team as a result of a Partial Waiver Claim and the Claiming Team subsequently waives the player (a “Subsequent Waiver”) resulting in the termination of the Contract:
  1. Without taking into consideration any conditional Base Compensation protection triggered after the date of the initial request for waivers but before the Subsequent Waiver (hereinafter referred to as “Triggered Base Compensation Protection”), if the Contract contains full Base Compensation protection in each of the Remaining Protected Years or if the Contract contains no Remaining Protected Years, the Claiming Team Base Compensation Obligation and the Waiving Team Base Compensation Obligation shall remain unchanged.
  2. Without taking into consideration any Triggered Base Compensation Protection, if the Contract contains partial protection in one (1) or more of the Remaining Protected Years, the Claiming Team Base Compensation Obligation and Waiving Team Base Compensation Obligation for each such year shall be adjusted as follows upon the termination of the Contract:
    1. The Claiming Team Base Compensation Obligation for any Remaining Protected Year that contains only partial Base Compensation protection shall be reduced by a number equal to the Claiming Team Base Compensation Obligation for that year, divided by the total Base Compensation obligation for that year, multiplied by the unprotected Base Compensation remaining to be paid that year (the “Adjusted Claiming Team Base Compensation Obligation”).
    2. The Waiving Team Base Compensation Obligation for any Remaining Protected Year that contains only partial Base Compensation protection shall be reduced by a number equal to the Waiving Team Base Compensation Obligation for that year, divided by the total Base Compensation obligation for that year, multiplied by the unprotected Base Compensation remaining to be paid for that year.
  3. The full amount of any Triggered Base Compensation Protection shall be added to the Adjusted Claiming Team Base Compensation Obligation in each remaining year of the Contract that contains Triggered Base Compensation Protection.
The costs associated with the Fitness-to-Play Panels will be borne equally by the NBA and the Players Association, and the Players Association’s share shall be paid by the NBA and included in Player Benefits under Article IV, Section 6(l) of this Agreement.

22.12 Player Care Survey.

The NBA and the Players Association will jointly conduct a confidential player survey during the 2023-24 Season (and during one or more subsequent Seasons during the term of this Agreement as determined by the parties) to solicit the players’ input and opinion regarding the adequacy of medical care provided by their respective medical and training staffs and commission independent analyses of the results of such surveys. The costs of such surveys and analyses will be borne equally by the NBA and the Players Association, and the Players Association’s share shall be paid by the NBA and included in Player Benefits under Article IV, Section 6(l) of this Agreement.

22.13 Wearables.

The wearables joint advisory committee formed by the NBA and the Players Association (the “Wearables Committee”) shall continue to review and approve wearable devices for use by players. “Wearables” shall mean a device worn by an individual that measures movement information (such as distance, velocity, acceleration, deceleration, jumps, changes of direction, and player load calculated from such information and/or height/weight), physiological information (such as heart rate, heart rate variability, skin temperature, blood oxygen, hydration, lactate, and/or glucose), or other health, fitness, and performance information.
The Wearables Committee shall consist of three (3) representatives appointed by the NBA and three (3) representatives appointed by the Players Association. At least one of the members appointed by each of the NBA and the Players Association must have at least three (3) years of experience in sports medicine (such as a physician, athletic trainer, strength and conditioning coach, or sports scientist) in the NBA or with an NCAA Division I collegiate basketball team (or other relevant experience and expertise as agreed upon by the parties). Unless otherwise agreed by the parties, Committee members may not have an ownership or other financial interest in any company that produces or sells any wearable device.
The Wearables Committee shall be responsible for: (i) reviewing all requests by Teams, the NBA, or the NBPA to approve a wearable device for use by players, with the standard being whether the wearable device would be potentially harmful to anyone (including the player) if used as intended, and whether the wearable’s functionality has been validated; and (ii) setting cybersecurity standards for the storage of data collected from Wearables.
The Wearables Committee will jointly retain such experts as it deems necessary in order to conduct its work (e.g., to validate a wearable device or to set cybersecurity standards), which the parties expect to include professionals in areas such as engineering, data science, and cybersecurity. The costs of such experts will be borne equally by the NBA and the Players Association, and the Players Association’s share shall be paid by the NBA and included in Player Benefits under Article IV, Section 6(l) of this Agreement.
No Team may request a player to use any Wearable unless such device is one of the devices currently in use as set forth in Section 13(f) below or the device and the Team’s cybersecurity standards have been approved by the Committee pursuant to Section 13(c) above.
Teams may request that, on a voluntary basis, players use the following devices: the FirstBeat Sport system; the Catapult Sports OptimEye, ClearSky, and Vector systems (including with a Polar chest strap but not with the Catapult heart rate vest); the iMeasureU Step Trident system; Kinexon Sports systems (including with a Kinexon heart rate vest paired with a Polar sensor); the ShotTracker system; the Strive Sense3 systems; the WHOOP Performance Strap 2.0; the Zephyr Performance System; and the Oura Ring (collectively, the “Approved Wearables”). Wearables (whether Approved or otherwise) may not be used in games. Use of any wearable that is not among the Approved Wearables is prohibited. In addition: (i) the only metric categories and/or system variables that Teams can use from Approved Wearables are those that were designated as “Pass” in the wearables validation reports provided to the parties by their jointly retained experts; and (ii) Teams must follow the safety directions of the jointly retained experts as provided to Teams in the Wearable Device Validation Reports. With respect to raw or unprocessed data exports or APIs from Approved Wearables (“Raw Data”), so long as such Raw Data are not provided through a dashboard or other visual within an Approved Wearable’s software platform, the foregoing shall not prohibit Teams from (i) using Raw Data so long as the Raw Data is used in metric categories and/or system variables that were designated as “Pass” in the Wearable Device Validation Reports, or (ii) receiving Raw Data. If upon evaluation by the Committee, any of the foregoing devices are reviewed and are not approved by the Committee, Teams will be required to discontinue the use of such Wearables.
A Team may request a player to use in practice (or otherwise not in a game) on a voluntary basis a Wearable that has been approved by the Committee. A player may decline to use (or discontinue use of) a Wearable at any time. Before a Team could request that a player use an approved Wearable, the Team shall be required to provide the player a written, confidential explanation of: (i) what the device will measure; (ii) what each such measurement means; and (iii) the benefits to the player in obtaining such data.
A player will have full access to all data collected on him from approved Wearables. Members of the Team’s staff may also have access to such data but it can be used only for limited purposes as set forth below. Data collected from a Wearable worn at the request of a Team may be used for player health and performance purposes and Team on-court tactical and strategic purposes only. The data may not be considered, used, discussed, or referenced for any other purpose such as in negotiations regarding a future Player Contract or other Player Contract transaction (e.g., a trade or waiver) involving the player. In a proceeding brought by the Players Association under the procedures set forth in Article XXXI, the Grievance Arbitrator will have authority to impose a fine of up to $250,000 on any Team shown to have violated this provision.
To advance the shared goal of the NBA and the Players Association to promote player health and reduce injuries, and in light of the preference of the NBA that game use of Wearables be required, and the preference of the Players Association that Wearables not be required in games and instead be allowed to be worn in games on a voluntary basis only in connection with modified rules regarding commercialization, the NBA and Players Association will continue to discuss in good faith matters related to the use of wearable devices. Pending an agreement between the parties, Wearables may not be used in games, and no player data collected from a Wearable worn at the request of a Team may be made available to the public in any way or used for any commercial purpose.

22.14 NBA Draft Combine.

Each year, the NBA shall organize and operate a Draft Combine prior to the NBA Draft. All players invited by the NBA to attend the Draft Combine shall be required to attend and participate in the following components of the Draft Combine (“Combine Components”):
1. Strength and agility tests, shooting drills, performance testing, and anthropometric measurements (e.g., height, wingspan) (five-on-five scrimmages or any other live action offense versus defense drill (e.g., half-court four-on-four or two-on-one) shall be optional for all players);
2. League-directed: medical history information, medical testing (e.g., MRIs, echocardiograms, and laboratory tests, other than tests for controlled substances), medical examinations, and biomechanical and functional movement testing, including, for clarity, with respect to any of the foregoing in this subsection (ii), any medical examination in accordance with subsection (d) below and/or follow-up in accordance with subsection (e) below;
3. Media circuit;
4. Player development sessions;
5. Team interviews; and
6. Other tests and/or assessments.
The NBA shall determine and establish the Combine Components above, provided that the performance testing contemplated in the foregoing Component (a)(i), the medical testing contemplated in the foregoing Component (a)(ii), and the foregoing Components (a)(iii)-(vi) shall be determined in consultation with the Players Association.
Notwithstanding the foregoing requirement to attend and participate in the Combine Components, any invited player who is physically unable to participate in one or more basketball activities (as set forth in subsection (a)(i) above), medical testing or biomechanical or functional movement testing (as set forth in subsection (a)(ii) above), or any other tests or assessments at the Draft Combine (as set forth in subsection (a)(vi) above) shall be (i) excused from participation in some or all of the applicable activities or tests at the time of the Draft Combine, (ii) required at the Draft Combine to complete the Combine Components that he is able to complete, and (iii) required subsequently to complete, by no later than the eleventh day before the Draft, the remaining Combine Components, as reasonably determined by the NBA unless he remains physically unable to do so. Any determination with respect to this subsection (b) shall be made by the NBA’s medical director for the Draft Combine, who shall be required to consider any opinion timely provided by the player’s treating physician.
The NBA may excuse an invited player from attending one or more days of the Draft Combine due to a reasonable excuse, as reasonably determined by the NBA (e.g., family tragedy, birth of a child, playing with a FIBA club that is still in season at the time of the Draft Combine). Any such player may be required subsequently to complete, by no later than the eleventh day before the Draft, Combine Components as reasonably determined by the NBA in consultation with the Players Association (e.g., by attending an NBA Global Camp or via individual assessments and examinations arranged by the NBA).
The NBA and Players Association shall agree annually on certain jointly-selected orthopedic medical specialists with expertise in foot and ankle, knee, spine, hip, and wrist/hand injuries to attend the Draft Combine, conduct medical examinations of particular players at the request of either the player or a Team, and prepare a report for each such player. Subject to the limits on Teams accessing information on certain players in accordance with subsection (g) below, as with other medical history information, testing, and examinations from Combine Components, the NBA shall make any such report(s) from an orthopedic medical specialist available to the player and to Teams via the file in respect of the player in the EMR.
Based on available medical information, including the results of medical testing at the Draft Combine, the NBA may require any player who was invited to the Combine to undergo, by no later than the eleventh day before the date of the Draft, reasonable and appropriate follow-up testing or examination after the Draft Combine, as determined by the NBA’s medical director for the Draft Combine in consultation with the player’s treating physician (if any).
A player shall fail to fulfill his obligation to participate in the Draft Combine in respect of a Draft, and shall therefore be ineligible to be selected in such Draft in accordance with Article X, Section 9 of the CBA, if he is invited by the NBA to attend the Draft Combine and, as reasonably determined by the NBA in consultation with the Players Association, fails to fully participate in the Combine Components in which the player is required to participate pursuant to subsections (a)-(e) above.
The NBA shall organize and operate an annual process that utilizes the following method (the “Top-10 Formula”) for the purpose of developing a ranking of the top-10 players eligible in that year’s Draft:
1. The NBA (after consultation with the Players Association) shall annually select no fewer than (a) two (2) publications with publicly-available pre-Draft rankings and (b) two (2) individuals with relevant basketball experience (each such individual, a “Combine Player Ranker”) for the purpose of generating the composite ranking described below.
2. The NBA shall utilize (a) from each such publication referenced in subsection (i) above, its publicly-available pre-Draft rankings, and (b) from each Combine Player Ranker, his or her ranking of the top-fifteen players eligible in that year’s Draft.
3. Any player who is ranked within the top-fifteen by one (1) publication and/or Combine Player Ranker, but not ranked within the top-fifteen by another publication and/or Combine Player Ranker shall, for purposes of computing the ranking of such other publication(s) and/or Combine Player Ranker(s), be given a ranking of sixteen (16). For clarity, pursuant to the foregoing sentence, multiple players may be given such ranking of sixteen (16) for any publication and/or Combine Player Ranker that does not rank the player within the top-fifteen (e.g., if two (2) or more players are ranked within the top-fifteen by one (1) publication and/or Combine Player Ranker, but not ranked as such by one (1) or more of the other publication(s) and/or Combine Player Ranker(s)).
4. A composite ranking shall be determined by taking, for each player, the median ranking of each such publication’s publicly-available ranking and each such Combine Player Ranker’s individual ranking provided to the NBA (such median ranking, the “Combine Player Ranking”).
5. Each player whose Combine Player Ranking equals one of the ten (10) lowest numbers (i.e., where 1 is the lowest possible sum that can be generated via the Top-10 Formula and thus the highest possible ranking for any player) shall be considered a top-10 player eligible in that year’s Draft. If two (2) or more players ranked first through tenth have the same Combine Player Ranking, then the median ranking of the publicly-available rankings from each publication referenced in subsection (g)(i) above shall be used to determine each such player’s ranking (e.g., if two (2) players have the same Combine Player Ranking, and such Ranking is higher than that of five (5) other players, then the player with the lower median ranking of each such publication’s publicly-available ranking will be ranked sixth and the player with the higher median ranking will be ranked seventh). If still tied, then each such publication’s publicly-available ranking and each Combine Player Ranker’s individual ranking for each such player shall be aggregated, and the player with the lower total sum will be considered the higher-ranked player, followed by the player with the higher total sum. If still tied, the NBA shall conduct a random drawing to determine each such player’s ranking.
6. If in any particular year covered by this Agreement the NBA determines that it is impracticable to calculate one or more of the rankings set forth in subsection (g)(i) above (e.g., due to the unavailability of a Combine Player Ranker, or if there are fewer than two (2) publications whose publicly-available pre-Draft rankings are determined by the NBA (after consultation with the Players Association) to be suitable for this purpose), the NBA may, after consultation with the Players Association, generate an output of the Top-10 Formula using as many of such publication(s)’ and/or Combine Player Ranker(s)’ individual ranking(s) as is reasonably practicable.
The NBA shall finalize and provide to the Players Association the list of players eligible in that year’s Draft who are ranked first through tenth per the Top-10 Formula. The NBA shall finalize such list during the period beginning with the deadline established by the NBA under Article X, Section 1(b)(ii)(G) of the CBA to qualify as an Early Entry player and prior to the earlier of the date on which (x) the NBA conducts a drawing among the Teams that did not participate in the playoffs in the Season immediately preceding that year’s NBA Draft to determine the order of selection positions in such NBA Draft, or (y) the on-site process to gather players’ medical history commences (i.e., the medical intake portion of the medical history referenced at subsection (a)(ii) above).

The information gathered from such players’ Combine Components set forth in subsection (a)(ii) above (and (a)(vi) above to the extent that any such test or assessment involves medical information in respect of a player) shall be made available by the NBA after it is gathered: (1) for the player ranked first, to Teams selecting first through tenth in that year’s Draft; (2) for the players ranked second through sixth, to Teams selecting first through fifteenth in that year’s Draft; (3) for the players ranked seventh through tenth, to Teams selecting first through twenty-fifth in that year’s Draft; and (4) for all other players invited to the Draft Combine, all Teams. For clarity, any assignee Team that trades for a Draft selection position within the top-25 selection positions in that year’s Draft shall subsequently be given access to the information gathered from the Combine Components set forth in subsection (a)(ii) above for each player associated with such Draft selection position. Beginning on the day after the conclusion of the Draft, Teams will no longer have access to such information for any player whom a Team did not select in the Draft (or whose Draft rights the Team does not hold).
Nothing in this Section 14 shall limit the right of the NBA, the Players Association, or a Team to refer a player eligible for a Draft, prior to that year’s Draft, to a Fitness-to-Play Panel, in accordance with Article XXII, Section 11 of the CBA, if advised by a physician that the player is medically unable and/or medically unfit to perform his duties as a professional basketball player as a result of a potentially life-threatening injury, illness, or other medical condition and/or that performing such duties would likely create a materially elevated risk of death, paralysis, or other permanent spinal injury for the player. In any such case, the fact that the player was referred, the Panel’s determination, and all medical information in the player’s medical file that any member of the Panel deemed relevant to the injury, illness, or other medical condition for which the player was referred shall be made available to all Teams following the Panel’s determination.
For clarity, nothing in this Section 14 shall be construed to limit in any way (i) the right of a Team to request that a player eligible for a Draft voluntarily participate in the administration of such activities described in subsection (a) above (e.g., in connection with visiting a Team’s practice facility during the period between the Draft Combine and the Draft) or provide the Team with information, including information from the Combine Components described in subsection (a)(ii) above, or (ii) the right of a player to supplement medical information gathered from those Combine Components set forth in subsection (a)(ii) above with additional information that the NBA shall make available to all Teams via the EMR, subject to subsection (g) above.
1. Teams may use the results of information gathered from such Combine Components set forth in subsection (a)(ii) above for Draft evaluation purposes only, and may not discuss any such results with representatives of any other Team (regardless of whether the other Team would otherwise have access to the same results); provided, however, that (1) medical staff from Teams entitled to access the player’s information in accordance with subsection (g) above may discuss such results with medical staff of other Teams who performed the medical examination of the player at the Draft Combine or in connection with subsections (b), (c), or (e) above (for clarity, the only Team personnel who will be involved in such examinations will be those who are entitled to access the player’s information in accordance with subsection (g) above); (2) a Team may discuss such results with representatives from other Teams entitled to access the player’s information in accordance with subsection (g) above if the player provides written consent (with notice to the Players Association); and (3) nothing in this Section 14 shall limit any rights a Team has to use or disclose such results in respect of a player who is under contract with the Team or as to whom the Team holds exclusive Draft rights (e.g., following the Draft, a team disclosure of medical information in connection with a trade of a player’s Draft rights). For clarity, a Team will not have violated this subsection (j)(i) to the extent its discussion involves only public information regarding a player.
2. If the NBA has reason to believe that the confidentiality restriction set forth in subsection (j)(i) above has been violated, it shall advise the Players Association in a timely manner.
3. If the Players Association determines that the confidentiality restriction set forth in subsection (j)(i) above has been violated, it may bring a proceeding under Article XXXII, Section 1 of the CBA before the System Arbitrator. Upon a finding by the System Arbitrator of a material violation, the System Arbitrator shall have the authority to impose on any Team found to have committed such violation a fine of up to $1,000,000. In considering appropriate discipline for a violation, the System Arbitrator shall take into account all relevant factors, including, but not limited to, the impact of the violation on the player, the degree of care demonstrated by the Team, and any ill intent regarding the player.
The NBA will consult with the Players Association in good faith on (i) creating a list of non-exclusive jointly-recommended interview questions to provide to Teams each year prior to the Draft Combine, and (ii) any issues the Players Association raises relating to scheduling or operational details of the Draft Combine (e.g., setting the dates and location of the Draft Combine, elements of the player experience at the Draft Combine).
1. Each player invited to the Draft Combine will be provided one (1) complimentary first class travel accommodations (except when such accommodations are not available) for himself and one family member to the market in which such Draft Combine is held, and (2) one (1) complimentary individual room in a group of hotel rooms reserved by the NBA for the Draft Combine. One certified agent who represents each such player participating in the Combine shall (x) be permitted to reserve one (1) room in such group of hotel rooms (at such agent’s expense); and (y) receive an NBA credential at the Draft Combine to attend the on-court activities set forth in subsection (a)(i) above; provided that if the Players Association notifies the NBA that a player participating in the Draft Combine is represented by a second certified agent who does not already have an NBA credential to attend the on-court activities set forth in subsection (a)(i) above, such second agent shall receive such credential.
2. Each player invited to the Draft Combine will be offered an NBAGL contract covering the season immediately following the Draft Combine. To benefit players, the NBA shall also undertake to provide new media opportunities at the Draft Combine for players who attend and participate in the Combine Components.
3. Mental health and wellness programming, jointly created by the NBA and Players Association for players, will be included as part of the Pre-Draft Information Program presented at the Draft Combine.