Bill Text: NY A04952 | 2017-2018 | 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) 2018-01-03 - referred to ways and means [A04952 Detail]

Download: New_York-2017-A04952-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4952
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced  by  M.  of  A.  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-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.
    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.
    22    (c)  "Lymphatic diseases" shall include but not be limited to:  insuf-
    23  ficiency of lymphatic circulatory function  (to  include  all  forms  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05081-01-7
        A. 4952                             2
     1  lymphedema),  lipedema,  complex  congenital  diseases  of the lymphatic
     2  vasculature,  including  lymphangiomatosis,   lymphangioleio-myomatosis,
     3  lymphangiectasias,  lymphangiomas,  cystic  hygromas,  Gorham's disease,
     4  lymphangiosarcoma, and complex vascular/lymphatic malformations.
     5    3.  In  addition to such other criteria as the department may adopt in
     6  rules and regulations for the consideration of applications  for  grants
     7  pursuant to subdivision one of this section, the foundation shall:
     8    (a)  determine that the applicant is unable to obtain sufficient fund-
     9  ing on reasonable terms from other public or private sources  to  permit
    10  the  institution's  planned  investment  to proceed without the required
    11  assistance;
    12    (b) give priority to those applications for assistance from biomedical
    13  research institutions that secure private support for research or commit
    14  new resources to the expansion  of  lymphedema  and  lymphatic  diseases
    15  research; and
    16    (c) consider the potential long term economic benefits to the state of
    17  awarding  the  specific  grant  and  whether  the grant will result in a
    18  reasonable likelihood of success in meeting the purposes  for  which  it
    19  was sought by the applicant.
    20    4.  The department may apply to the national institutes of health, the
    21  United States department of health and human services, and other  appro-
    22  priate  federal,  public,  and private entities for funding. Such monies
    23  shall be deposited into the lymphedema and lymphatic  diseases  research
    24  and  education  fund,  established pursuant to section ninety-nine-aa of
    25  the state finance law.
    26    5. The department shall submit to the governor,  the  speaker  of  the
    27  assembly,  the temporary president of the senate, and to any other state
    28  legislator at his or her request, a report  on  the  grants  program  by
    29  September  first,  two  thousand  nineteen and annually thereafter. Such
    30  report shall include, for each grant awarded, the name and  location  of
    31  the  recipient,  a description of the product, device, technique, system
    32  or process being researched and developed, the recipient's  relationship
    33  to  the research institution, the amount and use of the grant, the total
    34  project cost, and such other information as the  department  shall  deem
    35  appropriate. Such report shall also include a list of all applicants and
    36  their  contact information, regardless of receiving a grant, in order to
    37  help demonstrate the need for future funds.
    38    6. Nothing in this section shall require the  department  to  disclose
    39  any  matters  involving confidential intellectual property or work prod-
    40  uct, whether patentable or not, including any  formula,  plan,  pattern,
    41  process, tool, mechanism, compound, procedure, production data or compi-
    42  lation of information, which is not patented, but which is known only to
    43  certain  individuals  who are using it to fabricate, produce or compound
    44  an article of trade or service having commercial value and  which  gives
    45  its  user an opportunity to obtain a business advantage over competitors
    46  who do not know it or use it.
    47    § 2. The state finance law is amended by adding a new section 99-aa to
    48  read as follows:
    49    § 99-aa. Lymphedema and  lymphatic  diseases  research  and  education
    50  fund. 1. There is hereby established in the joint custody of the commis-
    51  sioner of taxation and finance and the comptroller, a special fund to be
    52  known  as  the  lymphedema and lymphatic diseases research and education
    53  fund, hereafter the "fund".
    54    2. Such fund shall consist of all monies  appropriated,  credited,  or
    55  transferred  thereto  from  any  other  fund  or source pursuant to law.
    56  Nothing contained in this section shall prevent the state from receiving
        A. 4952                             3
     1  grants, gifts or bequests for the purposes of the  fund  as  defined  in
     2  this section and depositing them into the fund according to law.
     3    3.  Monies of the fund shall be expended only for lymphedema and lymp-
     4  hatic diseases research and education projects approved by  the  depart-
     5  ment of health.
     6    4.  (a)  "Lymphedema" shall mean an accumulation of lymphatic fluid in
     7  the interstitial tissue that causes swelling, most  often  in  the  arms
     8  and/or  legs, and occasionally in other parts of the body, regardless of
     9  cause.
    10    (b) "Lymphatic diseases" shall include but not be limited to:   insuf-
    11  ficiency  of  lymphatic  circulatory  function  (to include all forms of
    12  lymphedema), lipedema, complex  congenital  diseases  of  the  lymphatic
    13  vasculature,   including  lymphangiomatosis,  lymphangioleio-myomatosis,
    14  lymphangiectasias, lymphangiomas,  cystic  hygromas,  Gorham's  disease,
    15  lymphangiosarcoma, and complex vascular/lymphatic malformations.
    16    (c)   "Lymphedema   and  lymphatic  diseases  research  and  education
    17  projects" shall mean research by qualified researchers, as determined by
    18  the department of health, to stimulate research on the pathogenesis  and
    19  new treatments for lymphedema and lymphatic diseases. Education projects
    20  are  those  projects which promote and provide information on lymphedema
    21  and lymphatic diseases including:    prevention,  diagnosis,  treatment,
    22  long-term  chronic  care,  and/or research by qualified organizations as
    23  determined by the department of health.
    24    5. Monies shall be payable from the fund on the audit and  warrant  of
    25  the  comptroller  on vouchers approved and certified by the commissioner
    26  of health.
    27    6. To the extent practicable, the commissioner of health shall  ensure
    28  that  all monies received during a fiscal year are expended prior to the
    29  end of that fiscal year.
    30    § 3. This act shall take effect immediately.