Bill Text: NY A04916 | 2017-2018 | General Assembly | Amended
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; makes an appropriation therefor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-09 - print number 4916a [A04916 Detail]
Download: New_York-2017-A04916-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4916--A 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Health -- reported and referred to the Committee on Ways and Means -- recommitted to the Committee on Ways and Means in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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; and making an appropriation therefor 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-a to read as follows: 3 § 207-a. 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05080-03-8A. 4916--A 2 1 (b) "Lymphedema" shall mean an accumulation of lymphatic fluid in the 2 interstitial tissue that causes swelling, most often in the arms and/or 3 legs, and occasionally in other parts of the body, from any cause. 4 (c) "Lymphatic diseases" shall include but not be limited to: insuf- 5 ficiency of lymphatic circulatory function (to include all forms of 6 lymphedema), lipedema, complex congenital diseases of the lymphatic 7 vasculature, including lymphangiomatosis, lymphangioleio-myomatosis, 8 lymphangiectasias, lymphangiomas, cystic hygromas, Gorham's disease, 9 lymphangiosarcoma, and complex vascular/lymphatic malformations. 10 3. In addition to such other criteria as the department may adopt in 11 rules and regulations for the consideration of applications for grants 12 pursuant to subdivision one of this section, the foundation shall: 13 (a) determine that the applicant is unable to obtain sufficient fund- 14 ing on reasonable terms from other public or private sources to permit 15 the institution's planned investment to proceed without the required 16 assistance; 17 (b) give priority to those applications for assistance from biomedical 18 research institutions that secure private support for research or commit 19 new resources to the expansion of lymphedema and lymphatic diseases 20 research; and 21 (c) consider the potential long term economic benefits to the state of 22 awarding the specific grant and whether the grant will result in a 23 reasonable likelihood of success in meeting the purposes for which it 24 was sought by the applicant. 25 4. The department may apply to the national institutes of health, the 26 United States department of health and human services, and other appro- 27 priate federal, public, and private entities for funding. Such monies 28 shall be deposited into the lymphedema and lymphatic diseases research 29 and education fund, established pursuant to section ninety-nine-bb of 30 the state finance law. 31 5. The department shall submit to the governor, the speaker of the 32 assembly, the temporary president of the senate, and to any other state 33 legislator at his or her request, a report on the grants program by 34 September first, two thousand twenty and annually thereafter. Such 35 report shall include, for each grant awarded, the name and location of 36 the recipient, a description of the product, device, technique, system 37 or process being researched and developed, the recipient's relationship 38 to the research institution, the amount and use of the grant, the total 39 project cost, and such other information as the department shall deem 40 appropriate. Such report shall also include a list of all applicants and 41 their contact information, regardless of receiving a grant, in order to 42 help demonstrate the need for future funds. 43 6. Nothing in this section shall require the department to disclose 44 any matters involving confidential intellectual property or work prod- 45 uct, whether patentable or not, including any formula, plan, pattern, 46 process, tool, mechanism, compound, procedure, production data or compi- 47 lation of information, which is not patented, but which is known only to 48 certain individuals who are using it to fabricate, produce or compound 49 an article of trade or service having commercial value and which gives 50 its user an opportunity to obtain a business advantage over competitors 51 who do not know it or use it. 52 § 2. The state finance law is amended by adding a new section 99-bb to 53 read as follows: 54 § 99-bb. Lymphedema and lymphatic diseases research and education 55 fund. 1. There is hereby established in the joint custody of the commis- 56 sioner of taxation and finance and the comptroller, a special fund to beA. 4916--A 3 1 known as the lymphedema and lymphatic diseases research and education 2 fund, hereafter the "fund". 3 2. Such fund shall consist of all monies appropriated, credited, or 4 transferred thereto from any other fund or source pursuant to law. 5 Nothing contained in this section shall prevent the state from receiving 6 grants, gifts or bequests for the purposes of the fund as defined in 7 this section and depositing them into the fund according to law. 8 3. Monies of the fund shall be expended only for lymphedema and lymp- 9 hatic diseases research and education projects approved by the depart- 10 ment of health. 11 4. (a) "Lymphedema" shall mean an accumulation of lymphatic fluid in 12 the interstitial tissue that causes swelling, most often in the arms 13 and/or legs, and occasionally in other parts of the body, regardless of 14 cause. 15 (b) "Lymphatic diseases" shall include but not be limited to: insuf- 16 ficiency of lymphatic circulatory function (to include all forms of 17 lymphedema), lipedema, complex congenital diseases of the lymphatic 18 vasculature, including lymphangiomatosis, lymphangioleio-myomatosis, 19 lymphangiectasias, lymphangiomas, cystic hygromas, Gorham's disease, 20 lymphangiosarcoma, and complex vascular/lymphatic malformations. 21 (c) "Lymphedema and lymphatic diseases research and education 22 projects" shall mean research by qualified researchers, as determined by 23 the department of health, to stimulate research on the pathogenesis and 24 new treatments for lymphedema and lymphatic diseases. Education projects 25 are those projects which promote and provide information on lymphedema 26 and lymphatic diseases including: prevention, diagnosis, treatment, 27 long-term chronic care, and/or research by qualified organizations as 28 determined by the department of health. 29 5. Monies shall be payable from the fund on the audit and warrant of 30 the comptroller on vouchers approved and certified by the commissioner 31 of health. 32 6. To the extent practicable, the commissioner of health shall ensure 33 that all monies received during a fiscal year are expended prior to the 34 end of that fiscal year. 35 § 3. The sum of two hundred thousand dollars ($200,000), is hereby 36 appropriated to the department of audit and control out of any moneys in 37 the state treasury in the general fund to the credit of the lymphedema 38 and lymphatic diseases research and education fund, not otherwise appro- 39 priated, and made immediately available, for the purpose of carrying out 40 the provisions of this act. Such moneys shall be payable on the audit 41 and warrant of the comptroller on vouchers certified or approved by the 42 commissioner of health in the manner prescribed by law. 43 § 4. This act shall take effect immediately.
