Creates the lymphedema and lymphatic diseases research grants program; 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.
TITLE OF BILL: 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
PURPOSE: The purpose of this legislation is to promote greater scientific understanding of lymphedema and lymphatic disease by establishing a lymphedema and lymphatic disease research grants program. Grants, not to exceed fifty thousand dollars, would be awarded on a completive basis to biomedical research institutions that are conducting direct research related to lymphedema and lymphatic disease.
SUMMARY OF PROVISIONS: The public authorities law is amended by adding a new section 3153-A to establish a lymphedema and lymphatic disease research grants program
JUSTIFICATION: This legislation would establish a lymphedema and lymphatic disease research grants program. Grants, not to exceed fifty thousand dollars, would be awarded on a completive basis to biomedical research institutions that are conducting direct research related to lymphedema and lymphatic disease. Lymphedema is an accumulation of lymphatic fluid in the interstitial tissue that causes swelling, most often in the anncs) or lezes), and occasionally in other parts of the body. Lymphedema can develop when lymphatic vessels are missing" or impaired (primary), or when lymph vessels are damaged or lymph nodes removed (secondary). Radiation therapy, used in the treatment of various cancers and some AIDS-related diseases, can damage otherwise healthy lymph nodes and vessels causing scar tissue to form which interrupts the normal flow of the lymphatic fluid. Moreover, untreated, lymphedema can lead into a decrease or loss of functioning of the limbs, skin breakdown, and chronic infections. In the most severe cases, untreated lymphedema can develop into a rare form of lymphatic cancer. This legislation would provide much need funding to those involved in direct research of lymphedema or lymphatic diseases. These diseases are far more common than society notes; however, funding for research has historically not kept pace to the dramatically growing need for it.
LEGISLATIVE HISTORY: 2011-12: S.882A of 2011 - Referred to Corporations, Authorities & Commissions 2009-10: S.2585A - Referred to Corporations, Authorities & Commissions 2007-08: S4266A - Committed to Rules
FISCAL IMPLICATIONS: Subject to available appropriations.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3072 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business 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: Section 1. The public authorities law is amended by adding a new section 3153-a to read as follows: S 3153-A. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH GRANTS PROGRAM. 1. THE FOUNDATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, ESTABLISH THE LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH GRANTS PROGRAM, HEREAFTER "GRANTS PROGRAM." THE GRANTS PROGRAM SHALL BE ADMINISTERED BY THE FOUN- DATION, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. SUCH GRANTS PROGRAM FUNDS SHALL BE USED TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS PER GRANT, TO NEW YORK STATE BIOMEDICAL RESEARCH INSTITUTIONS FOR WORKING CAPITAL TO FURTHER NEW AND EMERGING RESEARCH AND DEVELOPMENT FOR THE DIAGNOSIS AND TREAT- MENT OF LYMPHEDEMA AND LYMPHATIC DISEASES. SUCH GRANTS SHALL BE AWARDED ON A COMPETITIVE BASIS TO BIOMEDICAL RESEARCH INSTITUTIONS RESPONDING TO REQUESTS FOR PROPOSALS ISSUED BY THE FOUNDATION WHEN FUNDS ARE APPROPRI- ATED. 2. (A) "BIOMEDICAL RESEARCH INSTITUTION" SHALL MEAN A NOT-FOR-PROFIT UNIVERSITY, COLLEGE, HOSPITAL, PRIVATE OR FEDERAL RESEARCH LABORATORY LOCATED IN NEW YORK STATE, OR A CONSORTIA OF SUCH ENTITIES, THAT CONDUCTS AN INTENSIVE AND ONGOING PROGRAM OF RESEARCH AND DEVELOPMENT 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. LBD07249-01-3 S. 3072 2
(B) "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN THE INTERSTITIAL TISSUE THAT CAUSES SWELLING, MOST OFTEN IN THE ARMS AND/OR LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, FROM ANY CAUSE. (C) "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO: INSUF- FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION (TO INCLUDE ALL FORMS OF LYMPHEDEMA) LIPEDEMA, COMPLEX CONGENITAL DISEASES OF THE LYMPHATIC VASCULATURE, INCLUDING LYMPHANGIOMATOSIS, LYMPHANGIOLEIO-MYOMATOSIS, LYMPHANGIECTASIAS, LYMPHANGIOMAS, CYSTIC HYGROMAS, GORHAM'S DISEASE, LYMPHANGIOLEIO-MYOMATOSIS, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS. 3. IN ADDITION TO SUCH OTHER CRITERIA AS THE FOUNDATION MAY ADOPT IN RULES AND REGULATIONS FOR THE CONSIDERATION OF APPLICATIONS FOR GRANTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE FOUNDATION SHALL: (A) DETERMINE THAT THE APPLICANT IS UNABLE TO OBTAIN SUFFICIENT FUND- ING ON REASONABLE TERMS FROM OTHER PUBLIC OR PRIVATE SOURCES TO PERMIT THE INSTITUTION'S PLANNED INVESTMENT TO PROCEED WITHOUT THE REQUIRED ASSISTANCE; (B) GIVE PRIORITY TO THOSE APPLICATIONS FOR ASSISTANCE FROM BIOMEDICAL RESEARCH INSTITUTIONS THAT SECURE PRIVATE SUPPORT FOR RESEARCH OR COMMIT NEW RESOURCES TO THE EXPANSION OF LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH; AND (C) CONSIDER THE POTENTIAL LONG TERM ECONOMIC BENEFITS TO THE STATE OF AWARDING THE SPECIFIC GRANT AND WHETHER THE GRANT WILL RESULT IN A REASONABLE LIKELIHOOD OF SUCCESS IN MEETING THE PURPOSES FOR WHICH IT WAS SOUGHT BY THE APPLICANT. 4. THE FOUNDATION, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, MAY APPLY TO THE NATIONAL INSTITUTES OF HEALTH, THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND OTHER APPROPRIATE FEDERAL, PUBLIC, AND PRIVATE ENTITIES FOR FUNDING. SUCH MONIES SHALL BE DEPOSITED INTO THE LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION FUND, ESTAB- LISHED PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW. 5. THE FOUNDATION SHALL SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND TO ANY OTHER STATE LEGISLATOR AT HIS OR HER REQUEST, A REPORT ON THE GRANTS PROGRAM BY SEPTEMBER FIRST, TWO THOUSAND FIFTEEN AND ANNUALLY THEREAFTER. SUCH REPORT SHALL INCLUDE, FOR EACH GRANT AWARDED, THE NAME AND LOCATION OF THE RECIPIENT, A DESCRIPTION OF THE PRODUCT, DEVICE, TECHNIQUE, SYSTEM OR PROCESS BEING RESEARCHED AND DEVELOPED, THE RECIPIENT'S RELATIONSHIP TO THE RESEARCH INSTITUTION, THE AMOUNT AND USE OF THE GRANT, THE TOTAL PROJECT COST, AND SUCH OTHER INFORMATION AS THE FOUNDATION SHALL DEEM APPROPRIATE. SUCH REPORT SHALL ALSO INCLUDE A LIST OF ALL APPLICANTS AND THEIR CONTACT INFORMATION, REGARDLESS OF RECEIVING A GRANT, IN ORDER TO HELP DEMONSTRATE THE NEED FOR FUTURE FUNDS. 6. NOTHING IN THIS SECTION SHALL REQUIRE THE FOUNDATION TO DISCLOSE ANY MATTERS INVOLVING CONFIDENTIAL INTELLECTUAL PROPERTY OR WORK PROD- UCT, WHETHER PATENTABLE OR NOT, INCLUDING ANY FORMULA, PLAN, PATTERN, PROCESS, TOOL, MECHANISM, COMPOUND, PROCEDURE, PRODUCTION DATA OR COMPI- LATION OF INFORMATION, WHICH IS NOT PATENTED, BUT WHICH IS KNOWN ONLY TO CERTAIN INDIVIDUALS WHO ARE USING IT TO FABRICATE, PRODUCE OR COMPOUND AN ARTICLE OF TRADE OR SERVICE HAVING COMMERCIAL VALUE AND WHICH GIVES ITS USER AN OPPORTUNITY TO OBTAIN A BUSINESS ADVANTAGE OVER COMPETITORS WHO DO NOT KNOW IT OR USE IT. S 2. The state finance law is amended by adding a new section 99-u to read as follows: S 99-U. LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWNS. 3072 3
AS THE LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION FUND, HEREAFTER THE "FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LYMPHEDEMA AND LYMP- HATIC DISEASES RESEARCH AND EDUCATION PROJECTS APPROVED BY THE DEPART- MENT OF HEALTH. 4. (A) "LYMPHEDEMA" SHALL MEAN AN ACCUMULATION OF LYMPHATIC FLUID IN THE INTERSTITIAL TISSUE THAT CAUSES SWELLING, MOST OFTEN IN THE ARMS AND/OR LEGS, AND OCCASIONALLY IN OTHER PARTS OF THE BODY, REGARDLESS OF CAUSE. (B) "LYMPHATIC DISEASES" SHALL INCLUDE BUT NOT BE LIMITED TO: INSUF- FICIENCY OF LYMPHATIC CIRCULATORY FUNCTION (TO INCLUDE ALL FORM OF LYMP- HEDEMA), LIPEDEMA, COMPLEX CONGENITAL DISEASES OF THE LYMPHATIC VASCULA- TURE, INCLUDING LYMPHANGIOMATOSIS, LYMPHANGIOLEIO-MYOMATOSIS, LYMPHANGIECTASIAS, LYMPHANGIOMAS, CYSTIC HYGROMAS, GORHAM'S DISEASE, LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS. (C) "LYMPHEDEMA AND LYMPHATIC DISEASES RESEARCH AND EDUCATION PROJECTS" SHALL MEAN RESEARCH BY QUALIFIED RESEARCHERS, AS DETERMINED BY THE DEPARTMENT OF HEALTH, TO STIMULATE RESEARCH ON THE PATHOGENESIS AND NEW TREATMENTS FOR LYMPHEDEMA AND LYMPHATIC DISEASES. EDUCATION PROJECTS ARE THOSE PROJECTS WHICH PROMOTE AND PROVIDE INFORMATION ON LYMPHEDEMA AND LYMPHATIC DISEASES INCLUDING: PREVENTION, DIAGNOSIS, TREATMENT, LONG-TERM CHRONIC CARE, AND/OR RESEARCH BY QUALIFIED ORGANIZATIONS AS DETERMINED BY THE DEPARTMENT OF HEALTH. 5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF HEALTH. 6. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR. S 3. This act shall take effect immediately.