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 disease.
STATE OF NEW YORK
________________________________________________________________________
1021
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. L. ROSENTHAL, PERRY -- Multi-Sponsored by -- M.
of A. COOK, CROUCH -- read once and referred to the Committee on
Health
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 § 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 consortium of such entities, that
19 conducts an intensive and ongoing program of research and development
20 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.
LBD02560-01-9
A. 1021 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 foundation 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 foundation, in consultation with the department of health, may
26 apply to the national institutes of health, the United States department
27 of health and human services, and other appropriate federal, public, and
28 private entities for funding. Such monies shall be deposited into the
29 lymphedema and lymphatic diseases research and education fund, estab-
30 lished pursuant to section ninety-nine-ff of the state finance law.
31 5. The foundation 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-one 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 foundation 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 foundation 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-ff to
53 read as follows:
54 § 99-ff. 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 be
A. 1021 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. This act shall take effect immediately.
