Utah Department of Administrative Services Division of Administrative Rules

File No. 35084

This rule was published in the August 15, 2011, issue (Vol. 2011, No. 16) of the Utah State Bulletin.


Health, Family Health and Preparedness, WIC Services

Rule R406-100

Special Supplemental Nutrition Program for Women, Infants and Children

Notice of Proposed Rule

(Amendment)

DAR File No.: 35084
Filed: 07/18/2011 10:59:18 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to update rule language and citations to current federal regulations and current Women, Infants and Children (WIC) policies, procedures, and methods of operation in WIC clinics.

Summary of the rule or change:

In Section R406-100-1, updates the revision date of federal regulation 7 CFR 246 to 01/01/2010 edition. In Section R406-100-2, corrects language to exclude all categorically ineligible participants from a 30-day extension of the certification period. Removal of requirement to conduct screenings in a particular priority order (both are current procedures). In Section R406-100-5, removes the requirement to serve Indians and migrant farmworkers at designated clinics regardless of residency status (these specially designated clinics closed in years past and do not currently exist). Addition of residents of border towns with interstate agreements and homeless individuals as special populations that may be served at designated clinics regardless of residency status. Applicants who are not residents of the clinic service area may only be served after the clinic requests and receives approval to serve the client from the state WIC Office (current procedure). In Section R406-100-7, files of women, infants and children shall be retained for four years after the end of the fiscal year they were closed, all other records may be destroyed after four years (current procedures). In Section R406-100-8, removes WIC business volume as high risk criteria (current policy).

State statutory or constitutional authorization for this rule:

  • 7 CFR 246
  • Section 26-1-15

This rule or change incorporates by reference the following material:

  • Updates 7 CFR 246, published by Government Printing Office, 01/01/2010

Anticipated cost or savings to:

the state budget:

None--WIC is fully federally funded, these changes do not have any expected financial impact to the state or to WIC's budget.

local governments:

None--Local health departments are already funded by WIC to comply with these regulations. The changes are currently standard operating procedures. Some savings may be realized in storage costs due to reduced record retention periods.

small businesses:

None--No businesses operate WIC clinics.

persons other than small businesses, businesses, or local governmental entities:

None--No businesses operate WIC clinics.

Compliance costs for affected persons:

None--No businesses operate WIC clinics.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Utah Department of Health, at the request of Governor Gary Herbert, undertook a review of all administrative rules adopted by the Department. The goal of the review was to evaluate each rule for its impact on business, and in addition, to clarify and simplify rules. This filing is a result of that review. Record retention policies are reduced and the fiscal impact on commerce in Utah should be positive.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Family Health and Preparedness, WIC Services
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

  • Chris Furner at the above address, by phone at 801-538-6199, by FAX at 801-538-6729, or by Internet E-mail at CFURNER@utah.gov
  • Rick Wardle at the above address, by phone at 801-538-6897, by FAX at 801-538-6729, or by Internet E-mail at rwardle@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2011

This rule may become effective on:

09/21/2011

Authorized by:

David Patton, Executive Director

RULE TEXT

R406. Health, Family Health and Preparedness, WIC Services.

R406-100. Special Supplemental Nutrition Program for Women, Infants and Children.

R406-100-1. Incorporation of Federal Regulations.

The State WIC Office adopts the standards of the Special Supplemental Nutrition Program for Women, Infants and Children provided in 7 CFR 246, 01/01/2010[1996] edition, which is incorporated by reference.

 

R406-100-2. Processing Time Frames.

(1) The standards of 7 CFR 246.7([e]f)(2) are adopted and incorporated by reference with the following exceptions:

(a) Extensions of the processing time frames may be granted in the following circumstances:

(i) Clinics operating only 2 days a month or less.

(ii) In emergency situations when, for example, an employer in a particular geographic area engages in mass lay-offs of personnel.

(iii) In cases where there is difficulty in appointment scheduling , a time variation of 30 days may be added to or subtracted from the certification intervals for all except participants who are categorically ineligible[pregnant or postpartum women].

[ (b) All potential Priority I applicants must be screened before potential Priority III applicants, and all potential Priority III applicants must be screened before all potential Priority VI applicants.

]

R406-100-3. Uncertified Waiting List.

(1) The standards of 7 CFR 246.7([e]f)(1) are adopted and incorporated by reference with the following exceptions:

(a) Uncertified Waiting List means a log of names of individuals who have applied for WIC benefits either by phone or walk in, but who have not been determined WIC eligible.

(b) When a clinic begins a priority system, the clinic must begin maintaining waiting lists by priority of individuals who visit or telephone the clinic to request program benefits. If screening appointments are not being taken, the clinic shall use the Uncertified Waiting List log. Applicants are to be placed on the highest potential priority of the uncertified log in chronological order by application date.

(c) For clinic convenience, there are three uncertified priority logs into which all potential applicants may be placed prior to certification. They are Priority I, III, and VI. Priorities II, IV, and V cannot be determined until after the certification process ha[d]s been completed.

 

R406-100-4. Certified Waiting List.

The standards of 7 CFR 246.7(e)(1) are adopted and incorporated by reference with the following exceptions:

(1) Certified Waiting List means chronological files of those persons who are determined by the State WIC Office to be WIC eligible, are assigned a priority, and are waiting for funds to become available so they can receive benefits.

(a) After applicants have been determined to be eligible through screening, and are certified, they are placed on the Certified Waiting List according to their highest potential priority. These files are to be placed by priority in chronological order by certification date.

(b) As case load decreases in each clinic, the clinic will send vouchering appointment letters to applicants who are certified and waiting. All individuals in the highest priorities must be served before individuals of a lower priority are served.

(c) All individuals within a priority must be served according to chronological date of their placement on the Waiting List.

 

R406-100-5. Residence.

The standards of 7 CFR 246.7(b)([1]2) are adopted and incorporated by reference with the following exceptions:

Each applicant must state that the address given to the clinic is the applicant's current address. The clinic's staff then determines that the address given is within the area served by the agency and within the jurisdiction of the state.

If the applicant is a member of a special population such as [Indians]homeless individuals or [migrant farmworkers,] residents of border towns with interstate agreements, these individuals may be served by designated clinics regardless of residency status.

If an applicant applies for services at a clinic and the address given is not within the county or group of counties served from this clinic, the applicant is eligible to be served from this clinic only after the clinic requests and has received approval from the State WIC Office to serve [these]this [populations]individual or family.

 

R406-100-6. Inadequate Income.

The standards of 7 CFR 246.7([c]d) are adopted and incorporated by reference with the following exceptions:

(1) Each applicant must submit income verification to the clinic regarding the family's income. This is usually determined by bringing in proof of the previous month's gross income, or [it may be an average]proof of the yearly gross income.

(2) The clinic staff shall determine whether the gross income given is at or below 185% of the Income Poverty Level established by the federal government.

 

R406-100-7. Retention of WIC Files.

The standards of 7 CFR 246.25(a)(2) , (3) are adopted and incorporated by reference with the following exceptions:

WIC files shall be maintained for federal or state auditors review for the following retention periods:

(1) Files of women participants , infants and children shall be retained for a minimum four years following the end of the fiscal year that their files were closed.

[(2) Files of infants and children shall be retained until the end of the fiscal year of the child's tenth birthday.]All other records may be destroyed after four years.

 

R406-100-8. Vendor Monitoring.

The standards of 7 CFR 246.12(i) are adopted and incorporated by reference with the following exceptions:

(1) The State WIC Office may conduct vendor monitoring on all high risk vendors.

(2) The State WIC Office shall determine high risk vendors based on the following criteria:

(a) vendor's redeemed prices are higher than price list;

(b) unusually large percentage of high priced food instruments by vendor;

[ (c) WIC business volume by vendor;

] ([d]c) participant complaints or complaints from the clinic or other vendors;

([e]d) food instrument redemption errors;

([f]e) accumulation of five or more sanctioning points as listed in each vendor's signed contract under the heading Vendor Sanctions;

([g]f) vendor out of compliance during monitoring visit/redemption analysis;

([h]g) complaints involving possible overcharging, fraud or any violation that would cause disqualification for food stamps.

(3) The United States Department of Agriculture, Food and Nutrition Service, Instruction 806-4, which clarifies 7 CFR 246.12(f), and states that federal agencies have immunity from state claims or review. The Department of Health will not conduct on-site monitoring reviews of commissaries or require claims to be paid.

(4) Copies of Instruction 806-4 are available at the State WIC Office.

 

KEY: nutrition, women, children, infants

Date of Enactment or Last Substantive Amendment: [August 1, 1997]2011

Notice of Continuation: April 27, 2007

Authorizing, and Implemented or Interpreted Law: 26-1-15

 


Additional Information

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For questions regarding the content or application of this rule, please contact Chris Furner at the above address, by phone at 801-538-6199, by FAX at 801-538-6729, or by Internet E-mail at CFURNER@utah.gov; Rick Wardle at the above address, by phone at 801-538-6897, by FAX at 801-538-6729, or by Internet E-mail at rwardle@utah.gov.