Bill Text: NY A03394 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the lymphedema and lymphatic diseases research grants program; 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 disease.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A03394 Detail]

Download: New_York-2011-A03394-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3394--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by  M.  of  A. MAISEL, STEVENSON, N. RIVERA, BROOK-KRASNY --
         Multi-Sponsored by -- M. of A. CROUCH, MARKEY, SWEENEY, TITONE,  WEIN-
         STEIN  -- read once and referred to the Committee on Ways and Means --
         reference changed to the Committee on Health  --  recommitted  to  the
         Committee  on  Health  in  accordance  with Assembly Rule 3, sec. 2 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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:
    1    Section  1.  The  public  authorities  law  is amended by adding a new
    2  section 3153-a to read as follows:
    3    S 3153-A. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH  GRANTS  PROGRAM.
    4  1.  THE FOUNDATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, ESTABLISH THE
    5  LYMPHEDEMA AND LYMPHATIC DISEASES  RESEARCH  GRANTS  PROGRAM,  HEREAFTER
    6  "GRANTS  PROGRAM." THE GRANTS PROGRAM SHALL BE ADMINISTERED BY THE FOUN-
    7  DATION, IN CONSULTATION WITH  THE  DEPARTMENT  OF  HEALTH.  SUCH  GRANTS
    8  PROGRAM  FUNDS SHALL BE USED TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM
    9  OF GRANTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS PER GRANT, TO  NEW  YORK
   10  STATE  BIOMEDICAL  RESEARCH  INSTITUTIONS FOR WORKING CAPITAL TO FURTHER
   11  NEW AND EMERGING RESEARCH AND DEVELOPMENT FOR THE DIAGNOSIS  AND  TREAT-
   12  MENT  OF LYMPHEDEMA AND LYMPHATIC DISEASES. SUCH GRANTS SHALL BE AWARDED
   13  ON A COMPETITIVE BASIS TO BIOMEDICAL RESEARCH INSTITUTIONS RESPONDING TO
   14  REQUESTS FOR PROPOSALS ISSUED BY THE FOUNDATION WHEN FUNDS ARE APPROPRI-
   15  ATED.
   16    2. (A) "BIOMEDICAL RESEARCH INSTITUTION" SHALL MEAN  A  NOT-FOR-PROFIT
   17  UNIVERSITY,  COLLEGE,  HOSPITAL,  PRIVATE OR FEDERAL RESEARCH LABORATORY
   18  LOCATED IN NEW YORK  STATE,  OR  A  CONSORTIA  OF  SUCH  ENTITIES,  THAT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04194-02-2
       A. 3394--A                          2
    1  CONDUCTS  AN  INTENSIVE  AND ONGOING PROGRAM OF RESEARCH AND DEVELOPMENT
    2  DIRECTLY RELATED TO LYMPHEDEMA AND/OR LYMPHATIC DISEASES RESEARCH.
    3    (B)  "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN THE
    4  INTERSTITIAL TISSUE THAT CAUSES SWELLING, MOST OFTEN IN THE ARMS  AND/OR
    5  LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, FROM ANY CAUSE.
    6    (C)  "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:  INSUF-
    7  FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION  (TO  INCLUDE  ALL  FORMS  OF
    8  LYMPHEDEMA)  LIPEDEMA,  COMPLEX  CONGENITAL  DISEASES  OF  THE LYMPHATIC
    9  VASCULATURE,  INCLUDING  LYMPHANGIOMATOSIS,   LYMPHANGIOLEIO-MYOMATOSIS,
   10  LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
   11  LYMPHANGIOLEIO-MYOMATOSIS, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
   12    3. IN ADDITION TO SUCH OTHER CRITERIA AS THE FOUNDATION MAY  ADOPT  IN
   13  RULES  AND  REGULATIONS FOR THE CONSIDERATION OF APPLICATIONS FOR GRANTS
   14  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE FOUNDATION SHALL:
   15    (A) DETERMINE THAT THE APPLICANT IS UNABLE TO OBTAIN SUFFICIENT  FUND-
   16  ING  ON  REASONABLE TERMS FROM OTHER PUBLIC OR PRIVATE SOURCES TO PERMIT
   17  THE INSTITUTION'S PLANNED INVESTMENT TO  PROCEED  WITHOUT  THE  REQUIRED
   18  ASSISTANCE;
   19    (B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE FROM BIOMEDICAL
   20  RESEARCH INSTITUTIONS THAT SECURE PRIVATE SUPPORT FOR RESEARCH OR COMMIT
   21  NEW  RESOURCES  TO  THE  EXPANSION  OF LYMPHEDEMA AND LYMPHATIC DISEASES
   22  RESEARCH; AND
   23    (C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE OF
   24  AWARDING THE SPECIFIC GRANT AND WHETHER  THE  GRANT  WILL  RESULT  IN  A
   25  REASONABLE  LIKELIHOOD  OF  SUCCESS IN MEETING THE PURPOSES FOR WHICH IT
   26  WAS SOUGHT BY THE APPLICANT.
   27    4. THE FOUNDATION, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,  MAY
   28  APPLY TO THE NATIONAL INSTITUTES OF HEALTH, THE UNITED STATES DEPARTMENT
   29  OF HEALTH AND HUMAN SERVICES, AND OTHER APPROPRIATE FEDERAL, PUBLIC, AND
   30  PRIVATE  ENTITIES  FOR  FUNDING. SUCH MONIES SHALL BE DEPOSITED INTO THE
   31  LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND  EDUCATION  FUND,  ESTAB-
   32  LISHED PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
   33    5.  THE  FOUNDATION  SHALL  SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE
   34  ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND TO ANY OTHER  STATE
   35  LEGISLATOR  AT  HIS  OR  HER  REQUEST, A REPORT ON THE GRANTS PROGRAM BY
   36  SEPTEMBER FIRST, TWO THOUSAND FOURTEEN  AND  ANNUALLY  THEREAFTER.  SUCH
   37  REPORT  SHALL  INCLUDE, FOR EACH GRANT AWARDED, THE NAME AND LOCATION OF
   38  THE RECIPIENT, A DESCRIPTION OF THE PRODUCT, DEVICE,  TECHNIQUE,  SYSTEM
   39  OR  PROCESS BEING RESEARCHED AND DEVELOPED, THE RECIPIENT'S RELATIONSHIP
   40  TO THE RESEARCH INSTITUTION, THE AMOUNT AND USE OF THE GRANT, THE  TOTAL
   41  PROJECT  COST,  AND  SUCH OTHER INFORMATION AS THE FOUNDATION SHALL DEEM
   42  APPROPRIATE. SUCH REPORT SHALL ALSO INCLUDE A LIST OF ALL APPLICANTS AND
   43  THEIR CONTACT INFORMATION, REGARDLESS OF RECEIVING A GRANT, IN ORDER  TO
   44  HELP DEMONSTRATE THE NEED FOR FUTURE FUNDS.
   45    6.  NOTHING  IN  THIS SECTION SHALL REQUIRE THE FOUNDATION TO DISCLOSE
   46  ANY MATTERS INVOLVING CONFIDENTIAL INTELLECTUAL PROPERTY OR  WORK  PROD-
   47  UCT,  WHETHER  PATENTABLE  OR NOT, INCLUDING ANY FORMULA, PLAN, PATTERN,
   48  PROCESS, TOOL, MECHANISM, COMPOUND, PROCEDURE, PRODUCTION DATA OR COMPI-
   49  LATION OF INFORMATION, WHICH IS NOT PATENTED, BUT WHICH IS KNOWN ONLY TO
   50  CERTAIN INDIVIDUALS WHO ARE USING IT TO FABRICATE, PRODUCE  OR  COMPOUND
   51  AN  ARTICLE  OF TRADE OR SERVICE HAVING COMMERCIAL VALUE AND WHICH GIVES
   52  ITS USER AN OPPORTUNITY TO OBTAIN A BUSINESS ADVANTAGE OVER  COMPETITORS
   53  WHO DO NOT KNOW IT OR USE IT.
   54    S  2. The state finance law is amended by adding a new section 99-u to
   55  read as follows:
       A. 3394--A                          3
    1    S 99-U. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION FUND.
    2  1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER
    3  OF  TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN
    4  AS THE LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH  AND  EDUCATION  FUND,
    5  HEREAFTER THE "FUND".
    6    2.  SUCH  FUND  SHALL CONSIST OF ALL MONIES APPROPRIATED, CREDITED, OR
    7  TRANSFERRED THERETO FROM ANY OTHER  FUND  OR  SOURCE  PURSUANT  TO  LAW.
    8  NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
    9  GRANTS,  GIFTS  OR  BEQUESTS  FOR THE PURPOSES OF THE FUND AS DEFINED IN
   10  THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   11    3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LYMPHEDEMA AND  LYMP-
   12  HATIC  DISEASES  RESEARCH AND EDUCATION PROJECTS APPROVED BY THE DEPART-
   13  MENT OF HEALTH.
   14    4. (A) "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC  FLUID  IN
   15  THE  INTERSTITIAL  TISSUE  THAT  CAUSES SWELLING, MOST OFTEN IN THE ARMS
   16  AND/OR LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, REGARDLESS  OF
   17  CAUSE.
   18    (B)  "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO:  INSUF-
   19  FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION (TO INCLUDE ALL FORM OF LYMP-
   20  HEDEMA), LIPEDEMA, COMPLEX CONGENITAL DISEASES OF THE LYMPHATIC VASCULA-
   21  TURE,    INCLUDING     LYMPHANGIOMATOSIS,     LYMPHANGIOLEIO-MYOMATOSIS,
   22  LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
   23  LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS.
   24    (C)  "LYMPHEDEMA  AND  LYMPHATIC  DISEASES  RESEARCH   AND   EDUCATION
   25  PROJECTS" SHALL MEAN RESEARCH BY QUALIFIED RESEARCHERS, AS DETERMINED BY
   26  THE  DEPARTMENT OF HEALTH, TO STIMULATE RESEARCH ON THE PATHOGENESIS AND
   27  NEW TREATMENTS FOR LYMPHEDEMA AND LYMPHATIC DISEASES. EDUCATION PROJECTS
   28  ARE THOSE PROJECTS WHICH PROMOTE AND PROVIDE INFORMATION  ON  LYMPHEDEMA
   29  AND  LYMPHATIC  DISEASES  INCLUDING:   PREVENTION, DIAGNOSIS, TREATMENT,
   30  LONG-TERM CHRONIC CARE, AND/OR RESEARCH BY  QUALIFIED  ORGANIZATIONS  AS
   31  DETERMINED BY THE DEPARTMENT OF HEALTH.
   32    5.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
   33  THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
   34  OF HEALTH.
   35    6.  TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
   36  THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO  THE
   37  END OF THAT FISCAL YEAR.
   38    S 3. This act shall take effect immediately.