Disabled Player Exception FAQs

With the latest news on Yao, I thought it best to answer some of the questions that may come up about any potential disabled player's exception in one place. Hopefully, this will avoid any confusion. If there are other questions, feel free to post and I will answer best I can.

First, the actual CBA text regarding the exception is available here: http://www.nbpa.org/cba_articles/article-VII_6.php

1.) What will it take for us to receive the exception?

The CBA language is purposefully vague. To quote

This has historically been a bit difficult to acquire, in part because the league has been burned by teams applying and the players returning early. The Spurs received one for Sean Elliott, who made it back during the season. Likewise, we received an exception for Mo Taylor, who also made a comeback within the season. The Magic meanwhile were turned away on an exception for Grant Hill. The Knicks were also turned away for an exception on Cuttino Mobley's heart condition, because it was deemed a "pre-existing injury".

Not sure how the latter ruling might affect a player with seemingly chronic foot problems like Yao.

2.) What will the timeline/process be like?

Unclear. In the case of Mobley, it lasted longer than 50 days -- though apparently neither the NBA nor the Knicks wished to rush it. http://www.knicksfan.net/?p=637

The process looks like this:
a.) The NBA appoints a physician
b.) Said physician will be provided and review all relevant information
c.) If desired, physician will also examine Yao (who is obligated to cooperate)
d.) Within 1 day of the physician's determination (which has no specified length of time), NBA will NBPA of the determination
e.) If the NBPA disagrees with the decision, it can appeal. A pre-determined, neutral physician will then review the information (and examine Yao if he chooses) and make his determination within 3 days.

Given the physician who reviews on appeal must make a decision in 3 days, it may be a fair assumption to say that the original physician will make a determination within 3 days.

It is in the Rockets' best interest to figure this out while free agency is still warm.

3.) What will be the value of the exception?

The lesser of 50% of Yao's salary and the calculation the league uses to determine the MLE. In this case, it will be the same as the MLE (roughly 6m).

4.) How long will we have to use the exception?

45 days -- this is not something we will be able to hold into the regular season.

5.) How can we use the exception?

It can be used either like a trade exception or to sign a free agent.

6.) How many players can we acquire using the exception?

Just one. The text of the CBA is explicit about it. For example, we could not split it up to sign three $2m free agents. We could hypothetically, sign Ariza using this exception, and then split the MLE accordingly. It may be worth watching to see if Ariza signs a contract immediately after the moratorium or if he will wait.

7.) Can we trade Yao and let someone else apply for the exception?

No. Only the Rockets can apply for it.

8.) What happens if we request the exception and it's denied?

The short answer: nothing. If a further aggravation occurs, the Rockets could re-apply in 90 days.

 

I would like to think it's likely (call it 70%?). However, it's been such a fickle thing in the past, it's hard to say.

Given how crushed we've been by season ending injuries the past 2 years, I'd like to think the league will give us the benefit of the doubt.

 

You don't have to use all of it -- we just wouldn't have anything left if we chose to sign Wafer for like $3M.

Thanks, I meant to address that above. There was nothing to indicate otherwise, so anyone we sign will hit our salary cap and affect our luxury tax situation.

 

Nope. We can use them both, but we can't combine them to acquire a single 8m salary player.