Includes lymphatic diseases in the definition of children with physical disabilities; requires the department to provide links to the national lymphedema and lymphatic disease organization on the department's website.
BILL NUMBER: S629A
TITLE OF BILL : An act to amend the public health law, in relation to lymphedema
PURPOSE : This legislation would require would require information be provided relating to primary and secondary lymphedema.
SUMMARY OF PROVISIONS : §1 Subdivision 1 of section 2581 of the public health law, as amended by chapter 654 of the laws of 1986 is amended; and, §2. Subdivision 1 of section 207 of the public health law, as added by chapter 471 of the laws of 2007 is amended.
JUSTIFICATION : This legislation would require information be provided to patients seeking information on primary and secondary lymphedema, This legislation also requires the Department of Health to post - links to the National Lymphedema and Lymphatic disease organizations websites.
Lymphedema is an accumulation of lymphatic fluid in the interstitial tissue that causes swelling, most often in the arm(s) or leg(s), 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.
LEGISLATIVE HISTORY :
2006: A.11078 2007-2008: S.3248-B/A.5892-B Passed the Assembly
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 629--A Cal. No. 395 2009-2010 Regular Sessions IN SENATE January 9, 2009 ___________Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, substituted by Assembly Bill No. 5320, substi- tution reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to lymphedema THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 2581 of the public health law, as amended by chapter 654 of the laws of 1986, is amended to read as follows: 1. "Children with physical disabilities" means any persons under twen- ty-one years of age who are disabled by reason of a defect or disabili- ty, whether congenital or acquired by accident, injury, or disease, or who are suffering from long-term disease, including, but without limit- ing the generality of the foregoing, chronic granulomatous, cystic fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumat- ic fever and rheumatic heart disease, blood dyscrasies, cancer, LYMPHAT- IC DISEASES, INCLUDING, BUT NOT LIMITED TO: INSUFFICIENCY OF LYMPHATIC CIRCULATORY FUNCTION (TO INCLUDE ALL FORMS OF LYMPHEDEMA, BOTH PRIMARY AND SECONDARY); LIPEDEMA; COMPLEX VASCULAR DISEASES OF THE LYMPHATIC VASCULATURE, INCLUDING LYMPHANGIOMATOSIS, LYMPHANGIOLEIO-MYOMATOSIS, LYMPHANGIECTASIAS, LYMPHANGIOMAS, CYSTIC HYGROMAS, GORHAM'S DISEASE, LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS AND SYNDROMES, brain injured, and chronic asthma, or from any disease or condition likely to result in a disability in the absence of treatment, provided, however, no child shall be deprived of a service under the provisions of this chapter solely because of the degree of mental retar- dation.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00913-02-9 S. 629--A 2
S 2. Paragraph (c) of subdivision 1 of section 207 of the public health law, as amended by chapter 471 of the laws of 2007, is amended to read as follows: (c) Lymphedema AND LYMPHATIC DISEASE, an abnormal swelling of the extremities including the causes
[and], symptoms of PRIMARY LYMPHEDEMA, SECONDARY lymphedema AND LYMPHATIC DISEASE, PREVENTION, EARLY DIAGNOSIS, OPTIONS FOR TREATMENT AND THERAPY, LONG-TERM CHRONIC CARE ISSUES, the value of early detection, possible options for treatment including their benefits and risks, and other relevant information and the recommenda- tion that hospitals treating breast cancer patients implement a lymp- hedema alert program by placing a bright pink wristband on the patient's affected arm. LINKS TO NATIONAL LYMPHEDEMA AND LYMPHATIC DISEASE ORGAN- IZATIONS SHALL BE PROVIDED AS PART OF THE INFORMATIONAL SUMMARY AND ELECTRONICALLY THROUGH THE DEPARTMENT'S WEBSITES. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.