S06653 Summary:

BILL NOS06653
 
SAME ASSAME AS A09246
 
SPONSORGOLDEN
 
COSPNSR
 
MLTSPNSR
 
Add §207-a, Pub Health L; add §99-y, St Fin L
 
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.
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S06653 Actions:

BILL NOS06653
 
02/03/2016REFERRED TO HEALTH
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S06653 Committee Votes:

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S06653 Floor Votes:

There are no votes for this bill in this legislative session.
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S06653 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6653
 
                    IN SENATE
 
                                    February 3, 2016
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed 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
    24  lymphedema),  lipedema,  complex  congenital  diseases  of the lymphatic
    25  vasculature,  including  lymphangiomatosis,   lymphangioleio-myomatosis,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13561-02-6

        S. 6653                             2
 
     1  lymphangiectasias,  lymphangiomas,  cystic  hygromas,  Gorham's disease,
     2  lymphangiosarcoma, and complex vascular/lymphatic malformations.
     3    3.  In  addition to such other criteria as the department may adopt in
     4  rules and regulations for the consideration of applications  for  grants
     5  pursuant to subdivision one of this section, the foundation shall:
     6    (a)  determine that the applicant is unable to obtain sufficient fund-
     7  ing on reasonable terms from other public or private sources  to  permit
     8  the  institution's  planned  investment  to proceed without the required
     9  assistance;
    10    (b) give priority to those applications for assistance from biomedical
    11  research institutions that secure private support for research or commit
    12  new resources to the expansion  of  lymphedema  and  lymphatic  diseases
    13  research; and
    14    (c) consider the potential long term economic benefits to the state of
    15  awarding  the  specific  grant  and  whether  the grant will result in a
    16  reasonable likelihood of success in meeting the purposes  for  which  it
    17  was sought by the applicant.
    18    4.  The department may apply to the national institutes of health, the
    19  United States department of health and human services, and other  appro-
    20  priate  federal,  public,  and private entities for funding. Such monies
    21  shall be deposited into the lymphedema and lymphatic  diseases  research
    22  and education fund, established pursuant to section ninety-nine-y of the
    23  state finance law.
    24    5.  The  department  shall  submit to the governor, the speaker of the
    25  assembly, the temporary president of the senate, and to any other  state
    26  legislator  at  his  or  her  request, a report on the grants program by
    27  September first, two thousand eighteen  and  annually  thereafter.  Such
    28  report  shall  include, for each grant awarded, the name and location of
    29  the recipient, a description of the product, device,  technique,  system
    30  or  process being researched and developed, the recipient's relationship
    31  to the research institution, the amount and use of the grant, the  total
    32  project  cost,  and  such other information as the department shall deem
    33  appropriate. Such report shall also include a list of all applicants and
    34  their contact information, regardless of receiving a grant, in order  to
    35  help demonstrate the need for future funds.
    36    6.  Nothing  in  this section shall require the department to disclose
    37  any matters involving confidential intellectual property or  work  prod-
    38  uct,  whether  patentable  or not, including any formula, plan, pattern,
    39  process, tool, mechanism, compound, procedure, production data or compi-
    40  lation of information, which is not patented, but which is known only to
    41  certain individuals who are using it to fabricate, produce  or  compound
    42  an  article  of trade or service having commercial value and which gives
    43  its user an opportunity to obtain a business advantage over  competitors
    44  who do not know it or use it.
    45    §  2. The state finance law is amended by adding a new section 99-y to
    46  read as follows:
    47    § 99-y. Lymphedema and lymphatic diseases research and education fund.
    48  1. There is hereby established in the joint custody of the  commissioner
    49  of  taxation and finance and the comptroller, a special fund to be known
    50  as the lymphedema and lymphatic diseases research  and  education  fund,
    51  hereafter the "fund".
    52    2.  Such  fund  shall consist of all monies appropriated, credited, or
    53  transferred thereto from any other  fund  or  source  pursuant  to  law.
    54  Nothing contained in this section shall prevent the state from receiving
    55  grants,  gifts  or  bequests  for the purposes of the fund as defined in
    56  this section and depositing them into the fund according to law.

        S. 6653                             3

     1    3. Monies of the fund shall be expended only for lymphedema and  lymp-
     2  hatic  diseases  research and education projects approved by the depart-
     3  ment of health.
     4    4.  (a)  "Lymphedema" shall mean an accumulation of lymphatic fluid in
     5  the interstitial tissue that causes swelling, most  often  in  the  arms
     6  and/or  legs, and occasionally in other parts of the body, regardless of
     7  cause.
     8    (b) "Lymphatic diseases" shall include but not be limited to:   insuf-
     9  ficiency  of  lymphatic  circulatory  function  (to include all forms of
    10  lymphedema), lipedema, complex  congenital  diseases  of  the  lymphatic
    11  vasculature,   including  lymphangiomatosis,  lymphangioleio-myomatosis,
    12  lymphangiectasias, lymphangiomas,  cystic  hygromas,  Gorham's  disease,
    13  lymphangiosarcoma, and complex vascular/lymphatic malformations.
    14    (c)   "Lymphedema   and  lymphatic  diseases  research  and  education
    15  projects" shall mean research by qualified researchers, as determined by
    16  the department of health, to stimulate research on the pathogenesis  and
    17  new treatments for lymphedema and lymphatic diseases. Education projects
    18  are  those  projects which promote and provide information on lymphedema
    19  and lymphatic diseases including:    prevention,  diagnosis,  treatment,
    20  long-term  chronic  care,  and/or research by qualified organizations as
    21  determined by the department of health.
    22    5. Monies shall be payable from the fund on the audit and  warrant  of
    23  the  comptroller  on vouchers approved and certified by the commissioner
    24  of health.
    25    6. To the extent practicable, the commissioner of health shall  ensure
    26  that  all monies received during a fiscal year are expended prior to the
    27  end of that fiscal year.
    28    § 3. This act shall take effect immediately.
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