S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9428

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in  relation  to  establishing  a
  lymphedema  and  lymphatic  diseases  research  grants program; and to
  amend the state finance law, in relation to  creating  the  lymphedema
  and  lymphatic  diseases  research  and  education fund; and making an
  appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
207-a to read as follows:
  S 207-A. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH GRANTS PROGRAM. 1.
THE DEPARTMENT SHALL, WITHIN  AVAILABLE  APPROPRIATIONS,  ESTABLISH  THE
LYMPHEDEMA  AND  LYMPHATIC  DISEASES  RESEARCH GRANTS PROGRAM, HEREAFTER
"GRANTS PROGRAM."  SUCH GRANTS PROGRAM FUNDS SHALL BE  USED  TO  PROVIDE
FINANCIAL ASSISTANCE IN THE FORM OF GRANTS, NOT TO EXCEED FIFTY THOUSAND
DOLLARS  PER  GRANT,  TO NEW YORK STATE BIOMEDICAL RESEARCH INSTITUTIONS
FOR WORKING CAPITAL TO FURTHER NEW AND EMERGING RESEARCH AND DEVELOPMENT
FOR THE DIAGNOSIS AND TREATMENT OF LYMPHEDEMA  AND  LYMPHATIC  DISEASES.
SUCH  GRANTS  SHALL  BE  AWARDED  ON  A  COMPETITIVE BASIS TO BIOMEDICAL
RESEARCH INSTITUTIONS RESPONDING TO REQUESTS FOR PROPOSALS ISSUED BY THE
FOUNDATION WHEN FUNDS ARE APPROPRIATED.
  2. (A) "BIOMEDICAL RESEARCH INSTITUTION" SHALL MEAN  A  NOT-FOR-PROFIT
UNIVERSITY,  COLLEGE,  HOSPITAL,  PRIVATE OR FEDERAL RESEARCH LABORATORY
LOCATED IN NEW YORK STATE,  OR  A  CONSORTIUM  OF  SUCH  ENTITIES,  THAT
CONDUCTS  AN  INTENSIVE  AND ONGOING PROGRAM OF RESEARCH AND DEVELOPMENT
DIRECTLY RELATED TO LYMPHEDEMA AND/OR LYMPHATIC DISEASES RESEARCH.
  (B) "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN  THE
INTERSTITIAL  TISSUE THAT CAUSES SWELLING, MOST OFTEN IN THE ARMS AND/OR
LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, FROM ANY CAUSE.
  (C) "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:   INSUF-
FICIENCY  OF  LYMPHATIC  CIRCULATORY  FUNCTION  (TO INCLUDE ALL FORMS OF
LYMPHEDEMA), LIPEDEMA, COMPLEX  CONGENITAL  DISEASES  OF  THE  LYMPHATIC
VASCULATURE,   INCLUDING  LYMPHANGIOMATOSIS,  LYMPHANGIOLEIO-MYOMATOSIS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13960-02-6

A. 9428                             2

LYMPHANGIECTASIAS, LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S  DISEASE,
LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
  3.  IN  ADDITION TO SUCH OTHER CRITERIA AS THE DEPARTMENT MAY ADOPT IN
RULES AND REGULATIONS FOR THE CONSIDERATION OF APPLICATIONS  FOR  GRANTS
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE FOUNDATION SHALL:
  (A)  DETERMINE THAT THE APPLICANT IS UNABLE TO OBTAIN SUFFICIENT FUND-
ING ON REASONABLE TERMS FROM OTHER PUBLIC OR PRIVATE SOURCES  TO  PERMIT
THE  INSTITUTION'S  PLANNED  INVESTMENT  TO PROCEED WITHOUT THE REQUIRED
ASSISTANCE;
  (B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE FROM BIOMEDICAL
RESEARCH INSTITUTIONS THAT SECURE PRIVATE SUPPORT FOR RESEARCH OR COMMIT
NEW RESOURCES TO THE EXPANSION  OF  LYMPHEDEMA  AND  LYMPHATIC  DISEASES
RESEARCH; AND
  (C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE OF
AWARDING  THE  SPECIFIC  GRANT  AND  WHETHER  THE GRANT WILL RESULT IN A
REASONABLE LIKELIHOOD OF SUCCESS IN MEETING THE PURPOSES  FOR  WHICH  IT
WAS SOUGHT BY THE APPLICANT.
  4.  THE DEPARTMENT MAY APPLY TO THE NATIONAL INSTITUTES OF HEALTH, THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND OTHER  APPRO-
PRIATE  FEDERAL,  PUBLIC,  AND PRIVATE ENTITIES FOR FUNDING. SUCH MONIES
SHALL BE DEPOSITED INTO THE LYMPHEDEMA AND LYMPHATIC  DISEASES  RESEARCH
AND EDUCATION FUND, ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Y OF THE
STATE FINANCE LAW.
  5.  THE  DEPARTMENT  SHALL  SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND TO ANY OTHER  STATE
LEGISLATOR  AT  HIS  OR  HER  REQUEST, A REPORT ON THE GRANTS PROGRAM BY
SEPTEMBER FIRST, TWO THOUSAND EIGHTEEN  AND  ANNUALLY  THEREAFTER.  SUCH
REPORT  SHALL  INCLUDE, FOR EACH GRANT AWARDED, THE NAME AND LOCATION OF
THE RECIPIENT, A DESCRIPTION OF THE PRODUCT, DEVICE,  TECHNIQUE,  SYSTEM
OR  PROCESS BEING RESEARCHED AND DEVELOPED, THE RECIPIENT'S RELATIONSHIP
TO THE RESEARCH INSTITUTION, THE AMOUNT AND USE OF THE GRANT, THE  TOTAL
PROJECT  COST,  AND  SUCH OTHER INFORMATION AS THE DEPARTMENT SHALL DEEM
APPROPRIATE. SUCH REPORT SHALL ALSO INCLUDE A LIST OF ALL APPLICANTS AND
THEIR CONTACT INFORMATION, REGARDLESS OF RECEIVING A GRANT, IN ORDER  TO
HELP DEMONSTRATE THE NEED FOR FUTURE FUNDS.
  6.  NOTHING  IN  THIS SECTION SHALL REQUIRE THE DEPARTMENT TO DISCLOSE
ANY MATTERS INVOLVING CONFIDENTIAL INTELLECTUAL PROPERTY OR  WORK  PROD-
UCT,  WHETHER  PATENTABLE  OR NOT, INCLUDING ANY FORMULA, PLAN, PATTERN,
PROCESS, TOOL, MECHANISM, COMPOUND, PROCEDURE, PRODUCTION DATA OR COMPI-
LATION OF INFORMATION, WHICH IS NOT PATENTED, BUT WHICH IS KNOWN ONLY TO
CERTAIN INDIVIDUALS WHO ARE USING IT TO FABRICATE, PRODUCE  OR  COMPOUND
AN  ARTICLE  OF TRADE OR SERVICE HAVING COMMERCIAL VALUE AND WHICH GIVES
ITS USER AN OPPORTUNITY TO OBTAIN A BUSINESS ADVANTAGE OVER  COMPETITORS
WHO DO NOT KNOW IT OR USE IT.
  S  2. The state finance law is amended by adding a new section 99-y to
read as follows:
  S 99-Y. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION FUND.
1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER
OF  TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN
AS THE LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH  AND  EDUCATION  FUND,
HEREAFTER THE "FUND".
  2.  SUCH  FUND  SHALL CONSIST OF ALL MONIES APPROPRIATED, CREDITED, OR
TRANSFERRED THERETO FROM ANY OTHER  FUND  OR  SOURCE  PURSUANT  TO  LAW.
NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
GRANTS,  GIFTS  OR  BEQUESTS  FOR THE PURPOSES OF THE FUND AS DEFINED IN
THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.

A. 9428                             3

  3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LYMPHEDEMA AND  LYMP-
HATIC  DISEASES  RESEARCH AND EDUCATION PROJECTS APPROVED BY THE DEPART-
MENT OF HEALTH.
  4.  (A)  "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN
THE INTERSTITIAL TISSUE THAT CAUSES SWELLING, MOST  OFTEN  IN  THE  ARMS
AND/OR  LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, REGARDLESS OF
CAUSE.
  (B) "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:   INSUF-
FICIENCY  OF  LYMPHATIC  CIRCULATORY  FUNCTION  (TO INCLUDE ALL FORMS OF
LYMPHEDEMA), LIPEDEMA, COMPLEX  CONGENITAL  DISEASES  OF  THE  LYMPHATIC
VASCULATURE,   INCLUDING  LYMPHANGIOMATOSIS,  LYMPHANGIOLEIO-MYOMATOSIS,
LYMPHANGIECTASIAS, LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S  DISEASE,
LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
  (C)   "LYMPHEDEMA   AND  LYMPHATIC  DISEASES  RESEARCH  AND  EDUCATION
PROJECTS" SHALL MEAN RESEARCH BY QUALIFIED RESEARCHERS, AS DETERMINED BY
THE DEPARTMENT OF HEALTH, TO STIMULATE RESEARCH ON THE PATHOGENESIS  AND
NEW TREATMENTS FOR LYMPHEDEMA AND LYMPHATIC DISEASES. EDUCATION PROJECTS
ARE  THOSE  PROJECTS WHICH PROMOTE AND PROVIDE INFORMATION ON LYMPHEDEMA
AND LYMPHATIC DISEASES INCLUDING:    PREVENTION,  DIAGNOSIS,  TREATMENT,
LONG-TERM  CHRONIC  CARE,  AND/OR RESEARCH BY QUALIFIED ORGANIZATIONS AS
DETERMINED BY THE DEPARTMENT OF HEALTH.
  5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH.
  6. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF THAT FISCAL YEAR.
  S 3. The sum of two hundred thousand  dollars  ($200,000),  is  hereby
appropriated to the department of audit and control out of any moneys in
the  state  treasury in the general fund to the credit of the lymphedema
and lymphatic diseases research and education fund, not otherwise appro-
priated, and made immediately available, for the purpose of carrying out
the provisions of this act. Such moneys shall be payable  on  the  audit
and  warrant of the comptroller on vouchers certified or approved by the
commissioner of health in the manner prescribed by law.
  S 4. This act shall take effect immediately.