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A08466 Summary:

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A08466 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8466--A
 
                   IN ASSEMBLY
 
                                    January 16, 2014
                                       ___________
 
        Introduced  by  M.  of  A.  PEOPLES-STOKES,  BRINDISI  --  read once and
          referred to the Committee on Health -- reported and  referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law, the tax law and the state finance

          law, in relation to providing for taxpayer gifts for  lupus  education
          and  prevention,  and  establishing the lupus education and prevention
          fund and outreach program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds the
     2  following:
     3    (a) Lupus is a serious, complex, debilitating autoimmune disease  that
     4  can  cause  inflammation and tissue damage to virtually any organ system
     5  in the body, including the skin, joints, other connective tissue,  blood
     6  and blood vessels, heart, lungs, kidney, and brain.
     7    (b)  Lupus research estimates that approximately one and a half to two
     8  million Americans live with some form of lupus; lupus affects women nine
     9  times more often than men and eighty percent of newly diagnosed cases of

    10  lupus develop among women of childbearing age.
    11    (c) Lupus disproportionately affects women of color -- it  is  two  to
    12  three  times  more common among African-Americans, Hispanics, Asians and
    13  Native Americans and is generally more prevalent in minority populations
    14  -- a health disparity that remains unexplained. According to the Centers
    15  for Disease Control and Prevention  the  rate  of  lupus  mortality  has
    16  increased  since the late 1970s and is higher among older African-Ameri-
    17  can women.
    18    (d) No new drugs have been approved by the U.S. Food and Drug Adminis-
    19  tration specifically for lupus in nearly forty years and  while  current
    20  treatments  for  the disease can be effective, they can lead to damaging
    21  side effects.
    22    (e) The pain and fatigue associated with lupus can  threaten  people's
    23  ability  to live independently, make it difficult to maintain employment

    24  and lead normal lives, and one in five people with lupus is disabled  by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05189-06-4
        A. 8466--A                          2
 
     1  the disease, and consequently receives support from government programs,
     2  including  Medicare,  Medicaid,  social  security disability, and social
     3  security supplemental income.
     4    (f)  The  estimated  average  annual  cost of medical treatment for an
     5  individual with lupus can range between ten thousand dollars and  thirty
     6  thousand  dollars;  for  people who have the most serious form of lupus,
     7  medical costs can greatly exceed  this  amount,  causing  a  significant

     8  economic, emotional and social burden to the entire family and society.
     9    (g)  More than half of the people with lupus suffer four or more years
    10  and visit three or more  physicians  before  obtaining  a  diagnosis  of
    11  lupus;  early  diagnosis  of and commencement of treatment for lupus can
    12  prevent or reduce serious organ damage, disability, and death.
    13    (h) Despite the magnitude of lupus and its impact on  individuals  and
    14  families,  health professional and public understanding of lupus remains
    15  low; only one of five Americans can provide even basic information about
    16  lupus, and awareness of lupus is lowest among adults  ages  eighteen  to
    17  thirty-four -- the age group most likely to develop symptoms of lupus.
    18    (i)  Lupus  is  a  significant  national  health issue that deserves a
    19  comprehensive and coordinated response by state and federal  governments

    20  with involvement of the health care provider, patient, and public health
    21  communities.
    22    §  2. Subdivision 1 of section 207 of the public health law is amended
    23  by adding a new paragraph (j) to read as follows:
    24    (j) The dangers of, including ways to prevent the incidence and sever-
    25  ity of, lupus, a debilitating autoimmune disease that can cause  inflam-
    26  mation  and  tissue  damage  to  virtually any organ system in the body,
    27  including the skin, joints, other connective  tissue,  blood  and  blood
    28  vessels, heart, lung, kidney and brain, and which affects women, partic-
    29  ularly  women  of color, in a disproportionate manner; provided that the
    30  program shall include an advisory council under this section that  shall

    31  include  representatives  of  people  with  lupus and their families and
    32  health care providers who specialize in treating lupus, among others.
    33    § 3.   Subdivision 7 of section 207  of  the  public  health  law,  as
    34  amended  by  section 16 of part A of chapter 109 of the laws of 2010, is
    35  amended to read as follows:
    36    7. In addition to state funds appropriated  for  programs  under  this
    37  section,  the  commissioner  may  accept  grants  from public or private
    38  sources for these programs.  The  commissioner,  in  administering  this
    39  section,  shall  seek to coordinate the department's programs with other
    40  public and private programs, and  may  undertake  joint  or  cooperative
    41  programs  with other public or private entities, including making grants
    42  (within amounts appropriated therefor  and  consistent  with  applicable

    43  law) to public or not-for-profit entities.
    44    §  4.  The tax law is amended by adding a new section 209-I to read as
    45  follows:
    46    § 209-I. Gift for lupus education and prevention. A  taxpayer  in  any
    47  taxable  year may elect to contribute to the support of the lupus educa-
    48  tion and prevention fund. Such contribution shall be in any whole dollar
    49  amount and shall not reduce the amount of the state  tax  owed  by  such
    50  taxpayer.  The  commissioner shall include space on the corporate income
    51  tax return to enable a taxpayer to make  such  contribution.    Notwith-
    52  standing  any other provision of law, all revenues collected pursuant to
    53  this section shall be credited to the  lupus  education  and  prevention

    54  fund  and  shall  be  used only for those purposes enumerated in section
    55  ninety-seven-llll of the state finance law.
        A. 8466--A                          3
 
     1    § 5. The tax law is amended by adding a new section 630-d to  read  as
     2  follows:
     3    § 630-d. Gift for lupus education and prevention. An individual in any
     4  taxable  year  may  elect  to  contribute  to  the  lupus  education and
     5  prevention fund. Such contribution shall be in any whole  dollar  amount
     6  and  shall  not  reduce the amount of state tax owed by such individual.
     7  The commissioner shall include space on the personal income  tax  return
     8  to  enable  a  taxpayer  to  make such contribution. Notwithstanding any

     9  other provision of law all revenues collected pursuant to  this  section
    10  shall  be  credited  to the lupus education and prevention fund and used
    11  only for those purposes enumerated in section ninety-seven-llll  of  the
    12  state finance law.
    13    §  6. The state finance law is amended by adding a new section 97-llll
    14  to read as follows:
    15    § 97-llll. Lupus education and prevention fund.  1.  There  is  hereby
    16  established  in  the  joint  custody of the commissioner of taxation and
    17  finance and the comptroller, a special fund to be known  as  the  "lupus
    18  education and prevention fund".
    19    2.  Such fund shall consist of all revenues received by the department
    20  of taxation and finance, pursuant  to  the  provisions  of  section  two

    21  hundred  nine-I and section six hundred thirty-d of the tax law, and all
    22  other moneys appropriated, credited  or  transferred  thereto  from  any
    23  other  fund or source pursuant to law. Nothing contained in this section
    24  shall prevent the state from receiving grants, gifts or bequests for the
    25  purposes of the fund as defined in this section and depositing them into
    26  the fund according to law.
    27    3. Monies of the fund shall be expended only for lupus  education  and
    28  prevention  projects.  As  used  in  this  section, "lupus education and
    29  prevention projects" means educational projects,  including  grants  for
    30  lupus  education  and  prevention  programs,  which  are approved by the
    31  department of health.

    32    4. 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    5. 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    § 7. This act shall take effect immediately.