A medical review by the NBA and the players’ union has agreed with the Miami Heat’s position that Chris Bosh has suffered a career-ending illness, the Sun Sentinel has confirmed with parties involved with the process.
The medical ruling was sought because of the unique circumstances of the case with Bosh, who sat out this past season following a failed preseason physical, after missing the second half of each of the previous two seasons due to blood clots.
The ruling leaves only the formality of the team placing the former All-Star forward on waivers to remove Bosh, 33, from their salary cap. The Heat have put off that maneuver until such salary-cap space is required, either for a possible trade at or near the June 22 NBA draft or the July 1 start of NBA free agency.
Bosh is guaranteed his remaining $25.3 million salary for 2017-18 and $26.8 million salary for 2018-19, much of it covered by insurance.
Once the formal application for waivers is made by the Heat, the team will immediately drop below the salary cap. The Heat will have about $37 million in salary-cap space available at the July 1 start of free agency with Bosh’s salary off their cap.
The ruling is largely a salary-cap mechanism that allows the Heat to enter free agency unencumbered by the possibility of Bosh’s salary returning to their payroll. Bosh nonetheless could return to the league at any time, provided can present medical evidence of fitness that meets league approval. League executives, however, have indicated a reluctance to take on such a risk, with the medical ruling likely hardening that stance.
Unlike the NBA collective-bargaining agreement that expires on June 30, the new agreement does not create the risk of Bosh’s salary returning to the Heat’s salary cap and luxury tax, even if Bosh should return during the remaining two seasons of his contract.
Bosh will be waived through traditional waivers, but any team that makes a claim would not be eligible for similar salary-cap relief.
According to the new collective-bargaining agreement, “A player shall be deemed to have suffered a career-ending injury or illness if it is determined (i) by a such physician or Fitness to Play Panel that the player has an injury or illness that (x) prevents him from playing skilled professional basketball at an NBA level for the duration of his career, or (y) substantially impairs his ability to play skilled professional basketball at an NBA level and is of such severity that continuing to play professional basketball at an NBA level would subject the player to medically unacceptable risk of suffering a life-threatening or permanently disabling injury or illness, or (ii) by such Fitness to Play Panel that the player has an injury or illness that would create a materially elevated risk of death for the player.”
Although a fitness panel eventually will decide such matters, a party involved with the ruling said Friday that an individual doctor was utilized with the Bosh case.
Due to the timing of Bosh’s episodes during the negotiations for the new CBA, his case was specifically addressed with the league creating oversight for both cardiac illnesses and conditions, as well as for blood clots and other blood conditions and disorders.
Under league rules, Bosh had to make his medical records available, with the doctor then determining whether an in-person physical also was required.
The Heat had the right to apply to exclude Bosh’s salary from their salary cap as soon as Feb. 9, the one-year anniversary from his last game played, but by working with the league, Bosh and the players’ association were able to reach an agreement that did not run the risk of Bosh’s salary-cap hit resurfacing on the team’s books should he return to the NBA at a later date.
Bosh is under the NBA-maximum contract he signed in the 2014 offseason in the immediate wake of LeBron James’ free-agency departure to the Cleveland Cavaliers.
Heat President Riley hinted at the close of the season, after the Heat finished 41-41 and failed to make the playoffs for the second time in the three series Bosh has been sidelined, that the parties were working toward a resolution.
“Look,” Riley said, “there isn’t anybody in this organization that feels worse for C.B. than I do. It got a little sideways at the end because of feelings and things of that nature.”
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