S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1765
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed 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
 
   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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05081-01-7

 S. 1765                             2
 
 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-AA 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  NINETEEN 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-aa to
 read as follows:
   § 99-AA. 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".
   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

 S. 1765                             3
 
 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. This act shall take effect immediately.