Senate Bill S281

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

                                   281

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the public health law, in relation to  establishing  the
  lung  cancer  early  detection  research  pilot program; 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 article
20-B to read as follows:
                              ARTICLE 20-B
           LUNG CANCER EARLY DETECTION RESEARCH PILOT PROGRAM
SECTION 2010. LUNG CANCER EARLY DETECTION RESEARCH PILOT PROGRAM.
  S 2010. LUNG CANCER EARLY DETECTION RESEARCH  PILOT  PROGRAM.  1.  THE
COMMISSIONER  SHALL AWARD NOT LESS THAN TEN COMPETITIVE GRANTS TO PUBLIC
AND NON-PROFIT PRIVATE ENTITIES TO ENABLE  SUCH  ENTITIES  TO  ESTABLISH
PILOT  PROGRAMS  PURSUANT TO THIS ARTICLE TO CARRY OUT LUNG CANCER EARLY
DETECTION RESEARCH USING COMPUTER TOMOGRAPHY (CT) SCANNING WITHIN A HIGH
RISK POPULATION UTILIZING THE COMPREHENSIVE  PROTOCOL  THAT  ENCOMPASSES
PRE-DIAGNOSIS   AND   POST-DIAGNOSIS,  THAT  WAS  DEVELOPED  UNDER  BEST
PUBLISHED CLINICAL PRACTICES, AND THAT WAS ESTABLISHED BY THE  MULTI-IN-
STITUTIONAL,   MULTI-DISCIPLINARY   RESEARCH   PROGRAM   THAT  BEGAN  AT
TWENTY-TWO SITES IN THE STATE IN THE YEAR  NINETEEN  HUNDRED  NINETY-ONE
AND  WAS  INITIATED  AS A NATIONAL AND INTERNATIONAL PROGRAM IN THE YEAR
NINETEEN HUNDRED NINETY-THREE, PROVIDED THAT:
  (A) NO LESS THAN FIFTY PERCENT OF THE PARTICIPANTS HAVE FAMILY  INCOME
BELOW ONE HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL; AND
  (B)  ALL  GRANTEES  AGREE TO ADOPT THE PROTOCOL AND PARTICIPATE IN THE
PROGRAM ESTABLISHED IN THIS SECTION.
  2. SUCH PILOT PROGRAM SHALL CONTINUE AND ENHANCE THE  RESEARCH  INITI-
ATED  BY THE PROGRAM REFERRED TO IN SUBDIVISION ONE OF THIS SECTION INTO

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

                                                           LBD00431-01-9

S. 281                              2

ALL ASPECTS OF EARLY DETECTION AND DISEASE MANAGEMENT, THE INCORPORATION
OF TECHNOLOGICAL ADVANCES IN IMAGING AND  THE  DEVELOPMENT  OF  COMPUTER
ASSISTED  DIAGNOSTIC TOOLS, AND SHALL INCLUDE THE PROVISION OF APPROPRI-
ATE  REFERRAL  AND CASE MANAGEMENT FOR THE MEDICAL TREATMENT OF INDIVID-
UALS SCREENED PURSUANT TO THIS SECTION TO ENSURE  APPROPRIATE  FOLLOW-UP
SERVICES  FOR  ABNORMAL  TESTS, DIAGNOSTIC AND THERAPEUTIC SERVICES, AND
TREATMENT FOR DETECTED CANCERS  SUBJECT  TO  THE  REQUIREMENTS  OF  THIS
SECTION.
  3.  FOR  THE  PURPOSES  OF  THIS SECTION, "HIGH RISK POPULATION" MEANS
THOSE INDIVIDUALS OVER THE AGE OF FIFTY YEARS WITH A SMOKING HISTORY  OF
TWENTY  PACK YEARS OR A FAMILY HISTORY OF LUNG CANCER, OR THOSE INDIVID-
UALS WHOSE OCCUPATION OR MILITARY  SERVICE  EXPOSED  THEM  TO  ASBESTOS,
AGENT  ORANGE  AND  OTHER HERBICIDES, BERYLLIUM, RADON, NUCLEAR FUELS OR
WASTE, DEPLETED URANIUM OR OTHER LUNG CANCER  CARCINOGENS.
  4. (A) AN ENTITY MUST AGREE TO  ADOPT  THE  PROTOCOL  REFERRED  TO  IN
SUBDIVISION ONE OF THIS SECTION FOR SELECTING PARTICIPANTS, THE SCANNING
EQUIPMENT,  PERSONNEL INVOLVED IN THE SCANNING AND DIAGNOSES, THE METHOD
OF DIAGNOSING THE  SCANS  AND  THE  FOLLOW-UP  PROCEDURES  AND  RESEARCH
PROGRAMS.
  (B)  AN  ENTITY  SHALL AGREE TO COLLECT, TRANSMIT AND PRESERVE IMAGING
DATA AS REQUIRED UNDER THE I-ELCAP PROTOCOL.
  (C) AN ENTITY SHALL AGREE THAT THE ENTITY WILL:
  (I) ESTABLISH SUCH FISCAL CONTROL AND FUND  ACCOUNTING  PROCEDURES  AS
MAY  BE  NECESSARY  TO  ENSURE  PROPER  DISBURSAL  OF AND ACCOUNTING FOR
AMOUNTS RECEIVED UNDER THIS SECTION; AND
  (II) PROVIDE AGREED UPON ANNUAL REPORTS TO THE  COMMISSIONER  FOR  THE
PURPOSES OF AUDITING THE EXPENDITURES OF THE ENTITY.
  5.  TO  BE  ELIGIBLE  FOR  A GRANT PURSUANT TO THIS SECTION, AN ENTITY
SHALL AGREE TO SUBMIT TO THE COMMISSIONER SUCH REPORTS  AS  THE  COMMIS-
SIONER DEEMS APPROPRIATE.
  S  2.  The sum of ten million dollars ($10,000,000) or so much thereof
as may be necessary, is hereby appropriated to the department of  health
out  of  any moneys in the health care reform act resources fund, estab-
lished pursuant to section 92-dd of the state finance law, to the credit
of the tobacco control and insurance  initiatives  pool,  not  otherwise
appropriated, and made immediately available, for the purposes of carry-
ing  out  the  provisions  of  article 20-B of the public health law, as
added by section one 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 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.