S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    736
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. 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
 208-b to read as follows:
   § 208-B. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03595-01-9

 A. 736                              2
 
   (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-FF  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-ONE 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-ff to
 read as follows:
   §  99-FF.  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
 KNOWN AS THE LYMPHEDEMA AND LYMPHATIC DISEASES  RESEARCH  AND  EDUCATION
 FUND, HEREAFTER THE "FUND".

 A. 736                              3
 
   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.