S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4916--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health -- reported and referred to the Committee on  Ways
   and Means -- recommitted to the Committee on Ways and Means in accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05080-03-8

 A. 4916--A                          2
 
   (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,
 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-BB  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  TWENTY  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.
   § 2. The state finance law is amended by adding a new section 99-bb to
 read as follows:
   §  99-BB.  LYMPHEDEMA  AND  LYMPHATIC  DISEASES RESEARCH AND EDUCATION
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
 SIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE

 A. 4916--A                          3
 
 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.
   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.
   §  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.
   § 4. This act shall take effect immediately.