Bill Text: NY A00697 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates the lymphedema and lymphatic diseases research grants program; provides such grants, not to exceed $50,000, would be awarded on a competitive basis to biomedical research institutions conducting direct research related to lymphedema and lymphatic diseases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A00697 Detail]

Download: New_York-2019-A00697-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           697
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Health
        AN ACT to amend the public health 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:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  207-b to read as follows:
     3    § 207-b. Lymphedema and lymphatic diseases research grants program. 1.
     4  The  department  shall,  within  available appropriations, establish the
     5  lymphedema and lymphatic diseases  research  grants  program,  hereafter
     6  "grants  program."    Such grants program funds shall be used to provide
     7  financial assistance in the form of grants, not to exceed fifty thousand
     8  dollars per grant, to New York state  biomedical  research  institutions
     9  for working capital to further new and emerging research and development
    10  for  the  diagnosis  and treatment of lymphedema and lymphatic diseases.
    11  Such grants shall be  awarded  on  a  competitive  basis  to  biomedical
    12  research institutions responding to requests for proposals issued by the
    13  foundation when funds are appropriated.
    14    2.  (a)  "Biomedical research institution" shall mean a not-for-profit
    15  university, college, hospital, private or  federal  research  laboratory
    16  located  in  New  York  state,  or  a  consortium of such entities, that
    17  conducts an intensive and ongoing program of  research  and  development
    18  directly related to lymphedema and/or lymphatic diseases research.
    19    (b)  "Lymphedema" shall mean an accumulation of lymphatic fluid in the
    20  interstitial tissue that causes swelling, most often in the arms  and/or
    21  legs, and occasionally in other parts of the body, from any cause.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03594-01-9
        A. 697                              2
     1    (c)  "Lymphatic diseases" shall include but not be limited to:  insuf-
     2  ficiency of lymphatic circulatory function  (to  include  all  forms  of
     3  lymphedema),  lipedema,  complex  congenital  diseases  of the lymphatic
     4  vasculature,  including  lymphangiomatosis,   lymphangioleio-myomatosis,
     5  lymphangiectasias,  lymphangiomas,  cystic  hygromas,  Gorham's disease,
     6  lymphangiosarcoma, and complex vascular/lymphatic malformations.
     7    3. In addition to such other criteria as the department may  adopt  in
     8  rules  and  regulations for the consideration of applications for grants
     9  pursuant to subdivision one of this section, the foundation shall:
    10    (a) determine that the applicant is unable to obtain sufficient  fund-
    11  ing  on  reasonable terms from other public or private sources to permit
    12  the institution's planned investment to  proceed  without  the  required
    13  assistance;
    14    (b) give priority to those applications for assistance from biomedical
    15  research institutions that secure private support for research or commit
    16  new  resources  to  the  expansion  of lymphedema and lymphatic diseases
    17  research; and
    18    (c) consider the potential long term economic benefits to the state of
    19  awarding the specific grant and whether  the  grant  will  result  in  a
    20  reasonable  likelihood  of  success in meeting the purposes for which it
    21  was sought by the applicant.
    22    4. The department may apply to the national institutes of health,  the
    23  United  States department of health and human services, and other appro-
    24  priate federal, public, and private entities for  funding.  Such  monies
    25  shall  be  deposited into the lymphedema and lymphatic diseases research
    26  and education fund, established pursuant to  section  ninety-nine-ff  of
    27  the state finance law.
    28    5.  The  department  shall  submit to the governor, the speaker of the
    29  assembly, the temporary president of the senate, and to any other  state
    30  legislator  at  his  or  her  request, a report on the grants program by
    31  September first, two thousand twenty-one and annually  thereafter.  Such
    32  report  shall  include, for each grant awarded, the name and location of
    33  the recipient, a description of the product, device,  technique,  system
    34  or  process being researched and developed, the recipient's relationship
    35  to the research institution, the amount and use of the grant, the  total
    36  project  cost,  and  such other information as the department shall deem
    37  appropriate. Such report shall also include a list of all applicants and
    38  their contact information, regardless of receiving a grant, in order  to
    39  help demonstrate the need for future funds.
    40    6.  Nothing  in  this section shall require the department to disclose
    41  any matters involving confidential intellectual property or  work  prod-
    42  uct,  whether  patentable  or not, including any formula, plan, pattern,
    43  process, tool, mechanism, compound, procedure, production data or compi-
    44  lation of information, which is not patented, but which is known only to
    45  certain individuals who are using it to fabricate, produce  or  compound
    46  an  article  of trade or service having commercial value and which gives
    47  its user an opportunity to obtain a business advantage over  competitors
    48  who do not know it or use it.
    49    § 2. The state finance law is amended by adding a new section 99-ff to
    50  read as follows:
    51    §  99-ff.  Lymphedema  and  lymphatic  diseases research and education
    52  fund. 1. There is hereby established in the joint custody of the commis-
    53  sioner of taxation and finance and the comptroller, a special fund to be
    54  known as the lymphedema and lymphatic diseases  research  and  education
    55  fund, hereafter the "fund".
        A. 697                              3
     1    2.  Such  fund  shall consist of all monies appropriated, credited, or
     2  transferred thereto from any other  fund  or  source  pursuant  to  law.
     3  Nothing contained in this section shall prevent the state from receiving
     4  grants,  gifts  or  bequests  for the purposes of the fund as defined in
     5  this section and depositing them into the fund according to law.
     6    3.  Monies of the fund shall be expended only for lymphedema and lymp-
     7  hatic diseases research and education projects approved by  the  depart-
     8  ment of health.
     9    4.  (a)  "Lymphedema" shall mean an accumulation of lymphatic fluid in
    10  the interstitial tissue that causes swelling, most  often  in  the  arms
    11  and/or  legs, and occasionally in other parts of the body, regardless of
    12  cause.
    13    (b) "Lymphatic diseases" shall include but not be limited to:   insuf-
    14  ficiency  of  lymphatic  circulatory  function  (to include all forms of
    15  lymphedema), lipedema, complex  congenital  diseases  of  the  lymphatic
    16  vasculature,   including  lymphangiomatosis,  lymphangioleio-myomatosis,
    17  lymphangiectasias, lymphangiomas,  cystic  hygromas,  Gorham's  disease,
    18  lymphangiosarcoma, and complex vascular/lymphatic malformations.
    19    (c)   "Lymphedema   and  lymphatic  diseases  research  and  education
    20  projects" shall mean research by qualified researchers, as determined by
    21  the department of health, to stimulate research on the pathogenesis  and
    22  new treatments for lymphedema and lymphatic diseases. Education projects
    23  are  those  projects which promote and provide information on lymphedema
    24  and lymphatic diseases including:    prevention,  diagnosis,  treatment,
    25  long-term  chronic  care,  and/or research by qualified organizations as
    26  determined by the department of health.
    27    5. Monies shall be payable from the fund on the audit and  warrant  of
    28  the  comptroller  on vouchers approved and certified by the commissioner
    29  of health.
    30    6. To the extent practicable, the commissioner of health shall  ensure
    31  that  all monies received during a fiscal year are expended prior to the
    32  end of that fiscal year.
    33    § 3. This act shall take effect immediately.