S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    333
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, PERRY -- Multi-Sponsored by -- M.
   of A. COOK -- 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:
   §  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.
                                                            LBD00469-01-1
              

 A. 333                              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-II 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 TWENTY-THREE 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.
   § 2. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   § 99-II. 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

 A. 333                              3
 
 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  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.