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A08456 Summary:

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A08456 Floor Votes:

A08456 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8456
 
                   IN ASSEMBLY
 
                                    January 16, 2014
                                       ___________
 
        Introduced by M. of A. ROSENTHAL, BROOK-KRASNY, LAVINE, PERRY, ROBINSON,
          ROBERTS,  McKEVITT, BORELLI -- Multi-Sponsored by -- M. of A. BRENNAN,
          COOK, CROUCH, MARKEY, SWEENEY, TITONE,  WEINSTEIN  --  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.
    21    (b) "Lymphedema" shall mean an accumulation of lymphatic fluid in  the
    22  interstitial  tissue that causes swelling, most often in the arms and/or
    23  legs, and occasionally in other parts of the body, from any cause.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13015-01-3
        A. 8456                             2
 
     1    (c) "Lymphatic diseases" shall include but not be limited to:   insuf-
     2  ficiency  of  lymphatic  circulatory  function  (to include all forms of
     3  lymphedema), lipedema, complex  congenital  diseases  of  the  lymphatic

     4  vasculature,   including  lymphangiomatosis,  lymphangioleio-myomatosis,
     5  lymphangiectasias,  lymphangiomas,  cystic  hygromas,  Gorham's disease,
     6  lymphangiosarcoma, and complex vascular/lymphatic malformations.
     7    3. In addition to such other criteria as the foundation may  adopt  in
     8  rules  and  regulations for the consideration of applications for grants
     9  pursuant to subdivision one of this section, the foundation shall:
    10    (a) determine that the applicant is unable to obtain sufficient  fund-
    11  ing  on  reasonable terms from other public or private sources to permit
    12  the institution's planned investment to  proceed  without  the  required
    13  assistance;
    14    (b) give priority to those applications for assistance from biomedical

    15  research institutions that secure private support for research or commit
    16  new  resources  to  the  expansion  of lymphedema and lymphatic diseases
    17  research; and
    18    (c) consider the potential long term economic benefits to the state of
    19  awarding the specific grant and whether  the  grant  will  result  in  a
    20  reasonable  likelihood  of  success in meeting the purposes for which it
    21  was sought by the applicant.
    22    4. The foundation, in consultation with the department of health,  may
    23  apply to the national institutes of health, the United States department
    24  of health and human services, and other appropriate federal, public, and
    25  private  entities  for  funding. Such monies shall be deposited into the

    26  lymphedema and lymphatic diseases research and  education  fund,  estab-
    27  lished pursuant to section ninety-nine-v of the state finance law.
    28    5.  The  foundation  shall  submit to the governor, the speaker of the
    29  assembly, the temporary president of the senate, and to any other  state
    30  legislator  at  his  or  her  request, a report on the grants program by
    31  September first, two thousand  fifteen  and  annually  thereafter.  Such
    32  report  shall  include, for each grant awarded, the name and location of
    33  the recipient, a description of the product, device,  technique,  system
    34  or  process being researched and developed, the recipient's relationship
    35  to the research institution, the amount and use of the grant, the  total

    36  project  cost,  and  such other information as the foundation shall deem
    37  appropriate. Such report shall also include a list of all applicants and
    38  their contact information, regardless of receiving a grant, in order  to
    39  help demonstrate the need for future funds.
    40    6.  Nothing  in  this section shall require the foundation to disclose
    41  any matters involving confidential intellectual property or  work  prod-
    42  uct,  whether  patentable  or not, including any formula, plan, pattern,
    43  process, tool, mechanism, compound, procedure, production data or compi-
    44  lation of information, which is not patented, but which is known only to
    45  certain individuals who are using it to fabricate, produce  or  compound

    46  an  article  of trade or service having commercial value and which gives
    47  its user an opportunity to obtain a business advantage over  competitors
    48  who do not know it or use it.
    49    §  2. The state finance law is amended by adding a new section 99-v to
    50  read as follows:
    51    § 99-v. Lymphedema and lymphatic diseases research and education fund.
    52  1. There is hereby established in the joint custody of the  commissioner
    53  of  taxation and finance and the comptroller, a special fund to be known
    54  as the lymphedema and lymphatic diseases research  and  education  fund,
    55  hereafter the "fund".
        A. 8456                             3
 
     1    2.  Such  fund  shall consist of all monies appropriated, credited, or

     2  transferred thereto from any other  fund  or  source  pursuant  to  law.
     3  Nothing contained in this section shall prevent the state from receiving
     4  grants,  gifts  or  bequests  for the purposes of the fund as defined in
     5  this section and depositing them into the fund according to law.
     6    3.  Monies of the fund shall be expended only for lymphedema and lymp-
     7  hatic diseases research and education projects approved by  the  depart-
     8  ment of health.
     9    4.  (a)  "Lymphedema" shall mean an accumulation of lymphatic fluid in
    10  the interstitial tissue that causes swelling, most  often  in  the  arms
    11  and/or  legs, and occasionally in other parts of the body, regardless of
    12  cause.

    13    (b) "Lymphatic diseases" shall include but not be limited to:   insuf-
    14  ficiency  of  lymphatic  circulatory  function  (to include all forms of
    15  lymphedema), lipedema, complex  congenital  diseases  of  the  lymphatic
    16  vasculature,   including  lymphangiomatosis,  lymphangioleio-myomatosis,
    17  lymphangiectasias, lymphangiomas,  cystic  hygromas,  Gorham's  disease,
    18  lymphangiosarcoma, and complex vascular/lymphatic malformations.
    19    (c)   "Lymphedema   and  lymphatic  diseases  research  and  education
    20  projects" shall mean research by qualified researchers, as determined by
    21  the department of health, to stimulate research on the pathogenesis  and
    22  new treatments for lymphedema and lymphatic diseases. Education projects

    23  are  those  projects which promote and provide information on lymphedema
    24  and lymphatic diseases including:    prevention,  diagnosis,  treatment,
    25  long-term  chronic  care,  and/or research by qualified organizations as
    26  determined by the department of health.
    27    5. Monies shall be payable from the fund on the audit and  warrant  of
    28  the  comptroller  on vouchers approved and certified by the commissioner
    29  of health.
    30    6. To the extent practicable, the commissioner of health shall  ensure
    31  that  all monies received during a fiscal year are expended prior to the
    32  end of that fiscal year.
    33    § 3. This act shall take effect immediately.