S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9346
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, PERRY, DICKENS -- Multi-Sponsored
   by -- M. of A.  COOK -- 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:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 3153-a to read as follows:
   § 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  CONSORTIUM  OF  SUCH  ENTITIES,  THAT
 CONDUCTS  AN  INTENSIVE  AND ONGOING PROGRAM OF RESEARCH AND DEVELOPMENT
 DIRECTLY RELATED TO LYMPHEDEMA AND/OR LYMPHATIC DISEASES RESEARCH.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00469-03-2
 A. 9346                             2
 
 LYMPHEDEMA), LIPEDEMA, COMPLEX  CONGENITAL  DISEASES  OF  THE  LYMPHATIC
 VASCULATURE,   INCLUDING  LYMPHANGIOMATOSIS,  LYMPHANGIOLEIO-MYOMATOSIS,
 LYMPHANGIECTASIAS, LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S  DISEASE,
 LYMPHANGIOSARCOMA, 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-OO 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 TWENTY-FOUR 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.
   § 2. The state finance law is amended by adding a new section 99-oo to
 read as follows:
   § 99-OO. LYMPHEDEMA AND  LYMPHATIC  DISEASES  RESEARCH  AND  EDUCATION
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
 SIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE
 KNOWN  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
 A. 9346                             3
 
 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 FORMS OF
 LYMPHEDEMA), LIPEDEMA, COMPLEX  CONGENITAL  DISEASES  OF  THE  LYMPHATIC
 VASCULATURE,   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.
   § 3. This act shall take effect immediately.