Establishes the lung cancer early detection research pilot program to provide grants to public and nonprofit private entities doing such research with population with a high risk of lung cancer, and appropriates $10,000,000 therefor.
BILL NUMBER: S281
TITLE OF BILL : An act to amend the public health law, in relation to establishing the lung cancer early detection research pilot program; and making an appropriation therefor
PURPOSE : To create the Lung Cancer Early Detection Research Pilot Program.
SUMMARY OF PROVISIONS : Section one - adds a new article 20-B to the public health law to create the Lung Cancer Early Detection Research Pilot Program. This program directs the Commissioner of the Department of Health to award not less than 10 competitive grants to public and non-profit private entities to carry out long cancer early detection research.
Section two - appropriates $10 million to the department of health from the tobacco settlement fund.
Section three - contains the effective date.
EXISTING LAW : None.
JUSTIFICATION : Lung cancer is the leading cause of cancer deaths nationally and in New York State, claiming more lives this year than breast, prostate, and colon cancers--combined. This year approximately 13,390 New Yorkers will be diagnosed with lung cancer and an estimated 9,500 will die from the disease. Over 70% will be diagnosed at late stage accounting for the low 15% five year survival rate.
This is why the Lung Cancer Alliance strongly encourages a bill to help address this major public health crisis by supporting a lung cancer early detection research program in New York State. The Alliance suggests utilizing the comprehensive protocol that encompasses pre-diagnosis and post-diagnosis, that was developed under best published clinical practices, and that was established by the multi-institutional, multi-disciplinary research program that began at 22 sites in New York State in the year 1991 and was initiated as a national and international program in the year 1993.
This legislation will make a difference in reducing cancer deaths because it will allow lung cancer to be managed much earlier than it currently is. Low income populations, particularly minorities and underserved rural individuals, should be targeted to verify cost efficacy in view of the high percentage of Medicaid patients in New York State and lung cancer's higher incidence in that population and the high cost of treating late stage lung cancer.
LEGISLATIVE HISTORY : 2008: S.5369 Finance; A.7803 Health 2007: S.5369 Passed Senate; A.7803 Health
FISCAL, IMPLICATIONS : $10 million to be allocated from the Tobacco Settlement Fund from the Tobacco Settlement Fund.
LOCAL FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 281 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the public health law, in relation to establishing the lung cancer early detection research pilot program; and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new article 20-B to read as follows: ARTICLE 20-B LUNG CANCER EARLY DETECTION RESEARCH PILOT PROGRAM SECTION 2010. LUNG CANCER EARLY DETECTION RESEARCH PILOT PROGRAM. S 2010. LUNG CANCER EARLY DETECTION RESEARCH PILOT PROGRAM. 1. THE COMMISSIONER SHALL AWARD NOT LESS THAN TEN COMPETITIVE GRANTS TO PUBLIC AND NON-PROFIT PRIVATE ENTITIES TO ENABLE SUCH ENTITIES TO ESTABLISH PILOT PROGRAMS PURSUANT TO THIS ARTICLE TO CARRY OUT LUNG CANCER EARLY DETECTION RESEARCH USING COMPUTER TOMOGRAPHY (CT) SCANNING WITHIN A HIGH RISK POPULATION UTILIZING THE COMPREHENSIVE PROTOCOL THAT ENCOMPASSES PRE-DIAGNOSIS AND POST-DIAGNOSIS, THAT WAS DEVELOPED UNDER BEST PUBLISHED CLINICAL PRACTICES, AND THAT WAS ESTABLISHED BY THE MULTI-IN- STITUTIONAL, MULTI-DISCIPLINARY RESEARCH PROGRAM THAT BEGAN AT TWENTY-TWO SITES IN THE STATE IN THE YEAR NINETEEN HUNDRED NINETY-ONE AND WAS INITIATED AS A NATIONAL AND INTERNATIONAL PROGRAM IN THE YEAR NINETEEN HUNDRED NINETY-THREE, PROVIDED THAT: (A) NO LESS THAN FIFTY PERCENT OF THE PARTICIPANTS HAVE FAMILY INCOME BELOW ONE HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL; AND (B) ALL GRANTEES AGREE TO ADOPT THE PROTOCOL AND PARTICIPATE IN THE PROGRAM ESTABLISHED IN THIS SECTION. 2. SUCH PILOT PROGRAM SHALL CONTINUE AND ENHANCE THE RESEARCH INITI- ATED BY THE PROGRAM REFERRED TO IN SUBDIVISION ONE OF THIS SECTION INTOEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00431-01-9 S. 281 2
ALL ASPECTS OF EARLY DETECTION AND DISEASE MANAGEMENT, THE INCORPORATION OF TECHNOLOGICAL ADVANCES IN IMAGING AND THE DEVELOPMENT OF COMPUTER ASSISTED DIAGNOSTIC TOOLS, AND SHALL INCLUDE THE PROVISION OF APPROPRI- ATE REFERRAL AND CASE MANAGEMENT FOR THE MEDICAL TREATMENT OF INDIVID- UALS SCREENED PURSUANT TO THIS SECTION TO ENSURE APPROPRIATE FOLLOW-UP SERVICES FOR ABNORMAL TESTS, DIAGNOSTIC AND THERAPEUTIC SERVICES, AND TREATMENT FOR DETECTED CANCERS SUBJECT TO THE REQUIREMENTS OF THIS SECTION. 3. FOR THE PURPOSES OF THIS SECTION, "HIGH RISK POPULATION" MEANS THOSE INDIVIDUALS OVER THE AGE OF FIFTY YEARS WITH A SMOKING HISTORY OF TWENTY PACK YEARS OR A FAMILY HISTORY OF LUNG CANCER, OR THOSE INDIVID- UALS WHOSE OCCUPATION OR MILITARY SERVICE EXPOSED THEM TO ASBESTOS, AGENT ORANGE AND OTHER HERBICIDES, BERYLLIUM, RADON, NUCLEAR FUELS OR WASTE, DEPLETED URANIUM OR OTHER LUNG CANCER CARCINOGENS. 4. (A) AN ENTITY MUST AGREE TO ADOPT THE PROTOCOL REFERRED TO IN SUBDIVISION ONE OF THIS SECTION FOR SELECTING PARTICIPANTS, THE SCANNING EQUIPMENT, PERSONNEL INVOLVED IN THE SCANNING AND DIAGNOSES, THE METHOD OF DIAGNOSING THE SCANS AND THE FOLLOW-UP PROCEDURES AND RESEARCH PROGRAMS. (B) AN ENTITY SHALL AGREE TO COLLECT, TRANSMIT AND PRESERVE IMAGING DATA AS REQUIRED UNDER THE I-ELCAP PROTOCOL. (C) AN ENTITY SHALL AGREE THAT THE ENTITY WILL: (I) ESTABLISH SUCH FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES AS MAY BE NECESSARY TO ENSURE PROPER DISBURSAL OF AND ACCOUNTING FOR AMOUNTS RECEIVED UNDER THIS SECTION; AND (II) PROVIDE AGREED UPON ANNUAL REPORTS TO THE COMMISSIONER FOR THE PURPOSES OF AUDITING THE EXPENDITURES OF THE ENTITY. 5. TO BE ELIGIBLE FOR A GRANT PURSUANT TO THIS SECTION, AN ENTITY SHALL AGREE TO SUBMIT TO THE COMMISSIONER SUCH REPORTS AS THE COMMIS- SIONER DEEMS APPROPRIATE. S 2. The sum of ten million dollars ($10,000,000) or so much thereof as may be necessary, is hereby appropriated to the department of health out of any moneys in the health care reform act resources fund, estab- lished pursuant to section 92-dd of the state finance law, to the credit of the tobacco control and insurance initiatives pool, not otherwise appropriated, and made immediately available, for the purposes of carry- ing out the provisions of article 20-B of the public health law, as added by section one of this act. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of health in the manner prescribed by law. S 3. This act shall take effect on the thirtieth day after it shall have become a law.