S T A T E O F N E W Y O R K
________________________________________________________________________
230
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. ROSENTHAL, BROOK-KRASNY, LAVINE, PERRY, ROBINSON,
ROBERTS, McKEVITT, BORELLI -- Multi-Sponsored by -- M. of A. BRENNAN,
COOK, CROUCH, MARKEY, TITONE, WEINSTEIN -- read once and referred to
the Committee on Health
AN ACT to amend the public authorities 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 authorities law is amended by adding a new
section 3153-a to read as follows:
S 3153-A. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH GRANTS PROGRAM.
1. THE FOUNDATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, ESTABLISH THE
LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH GRANTS PROGRAM, HEREAFTER
"GRANTS PROGRAM." THE GRANTS PROGRAM SHALL BE ADMINISTERED BY THE FOUN-
DATION, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. 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 TREAT-
MENT 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 APPROPRI-
ATED.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04151-01-5
A. 230 2
(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
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 FOUNDATION 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 FOUNDATION, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY
APPLY TO THE NATIONAL INSTITUTES OF HEALTH, THE UNITED STATES DEPARTMENT
OF HEALTH AND HUMAN SERVICES, AND OTHER APPROPRIATE FEDERAL, PUBLIC, AND
PRIVATE ENTITIES FOR FUNDING. SUCH MONIES SHALL BE DEPOSITED INTO THE
LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION FUND, ESTAB-
LISHED PURSUANT TO SECTION NINETY-NINE-W OF THE STATE FINANCE LAW.
5. THE FOUNDATION 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 SEVENTEEN 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 FOUNDATION 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 FOUNDATION 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.
S 2. The state finance law is amended by adding a new section 99-w to
read as follows:
S 99-W. 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
A. 230 3
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 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.
S 3. This act shall take effect immediately.