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

                                  5322

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2009
                               ___________

Introduced by M. of A. MAISEL, DINOWITZ, BROOK-KRASNY, ROSENTHAL, JAFFEE
  --  Multi-Sponsored by -- M. of A. V. LOPEZ, MARKEY, MAYERSOHN, McENE-
  NY, PHEFFER, SWEENEY -- read once and referred  to  the  Committee  on
  Health

AN ACT to amend the state finance law, in relation to creating the lymp-
  hedema and lymphatic diseases research fund

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

  Section 1. The state finance law is amended by adding  a  new  section
99-q to read as follows:
  S 99-Q. 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.
  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 FORM OF LYMP-
HEDEMA), LIPEDEMA, COMPLEX CONGENITAL DISEASES OF THE LYMPHATIC VASCULA-
TURE,     INCLUDING     LYMPHANGIOMATOSIS,    LYMPHANGIOLEIO-MYOMATOSIS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07193-01-9
              

A. 5322                             2

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 2. This act shall take effect immediately.