Senate Bill S4514

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

                                  4514

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

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

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,
LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.

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

S. 4514                             2

  (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.