No. 35085 (Amendment): Rule R406-200. Program Overview

(Amendment)

DAR File No.: 35085
Filed: 07/18/2011 11:13:46 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this 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 R406-200-1, removes the Ute Indian Tribe, University of Utah Teen Mother and Child Program, and Migrant Worker health Program (agencies which have closed) as local WIC agencies. Participants must be certified approximately every six months to one year, the length of certification periods is determined by USDA federal regulation 7 CFR 246.7(g). Removal of language that WIC vouchers (checks) are issued once every 30 days (now 3 month issuance). Retailers must redeem vouchers (checks) they receive within 60 days of the first day to use (as per current vendor agreement and federal regulations). Proposed revisions to the Utah WIC Policy and Procedures Manual are posted annually to the Utah WIC web site for public comment.

State statutory or constitutional authorization for this rule:

• 7 CFR 246
• Section 26-1-5

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 current standard operating procedures.

small businesses:

None--No businesses operate WIC clinics. WIC vendors are currently under agreement to comply with these rules.

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

None--No businesses operate WIC clinics. WIC vendors are currently under agreement to comply with these rules.

Compliance costs for affected persons:

None--No businesses operate WIC clinics. WIC vendors are currently under agreement to comply with these rules.

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. Redemption period for checks is clarified 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 [e-mail]
• Rick Wardle at the above address, by phone at 801-538-6897, by FAX at 801-538-6729, or by Internet E-mail at [e-mail]

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.

R406-200. Program Overview.

R406-200-1. Introduction and Background.

(1) Under the Child Nutrition Act of 1966 (42 U.S.C. Sec. 1786 et seq.), as amended, Congress has found that substantial numbers of pregnant, postpartum and breast-feeding women, infants and young children from families with inadequate income are a special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. The purpose of the program is to provide supplemental foods and nutrition education through clinics to eligible persons. The program serves as an adjunct to good health care, during critical times of growth and development, in order to prevent the occurrence of health problems and improve the health status of these persons.

(2) The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) is a supplemental foods and nutrition education program funded by U.S.D.A. and administered by the Utah [State] Department of Health, Division of Family Health [Services]and Preparedness, through local health departments[, Ute Indian Tribe, University of Utah Teen Mother and Child Program and Community Health Center Inc./Migrant Worker health Program].

(3) WIC provides specified nutritious food supplements and nutrition education to pregnant, postpartum and breast-feeding women, infants and children (up to five years of age) from families with inadequate income and who are determined by competent professionals (physicians, nutritionists, nurses and other trained health officials) to be at "nutritional risk".

(4) The following criteria shall be met to be eligible to receive supplemental foods:

(a) Category and Age:

(i) pregnant women for the duration of the pregnancy and up to six weeks postpartum;

(ii) breast-feeding women up to 12 months past delivery;

(iii) postpartum women up to six months past delivery;

(iv) infants and children up to five years of age.

(b) Residence: Residents of areas or members of populations served by the clinic and within the jurisdiction of the state.

(c) Income: Determined to be a member of a family or family group which has a gross income at or below 185% of the poverty guideline established by the federal government.

(d) Nutritional Risk: Certified by a competent professional authority on the staff of the clinic to be at nutritional need through a medical or nutritional assessment.

(5) Participants must be certified approximately every six months to one year to determine their eligibility for the program, unless the participant is a pregnant women. Pregnant women are certified for the duration of their pregnancy. The length of certification periods for all categories of participants is determined by U.S.D.A. regulations as listed in 7CFR 246.7(g).

(6) Upon certification for the program, eligible women, infants and children are issued [vouchers]checks to use for obtaining prescribed supplemental foods.

(7) WIC participants may exchange their [vouchers]checks for prescribed foods at retail stores which have entered into signed vendor agreements with the State WIC Office. The [voucher]check front [is similar to a traveler's check and] is [counter] signed by the WIC participant at the retailer's check-out counter. The [voucher]check is then processed like any check through normal bank clearing procedures. WIC [vouchers]checks [are to be issued once every 30 days and] must be used within the timeframe of the first and last dates to use as specified on the check.[30 days from the date of issue.] Retailers must redeem any [vouchers]checks they receive within 60 days of the first date to use.

(8) The WIC Program represents more than just a [voucher]check for food. A primary concern of the program is to deliver preventive health care. Through dietary counseling and nutrition education, participants may come to understand the relationship between good nutrition and their health. In addition, participants needing other health or social services are identified at the time of certification and referred to the appropriate agency.

(9) The "State Plan of Program Operation and Administration" is submitted annually to the U.S. Department of Agriculture, Food and Nutrition Service, for approval. Many inclusions are mandated by the WIC program regulations while others are details specific to Utah's program. The state plan outlines general details concerning the operation and administration of the WIC Program in the state of Utah. The "Utah State WIC Polic y[ies] and Procedures Manual" deals specifically with areas of Program operation and administration.

(10) Copies of the state plan may be obtained from the State WIC Office.

(11) Proposed revisions to the Utah WIC Policy and Procedures Manual are posted annually to the Utah WIC web site at www.health.utah.gov/wic for public comment.

 

KEY: nutrition, women, infants, children

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

 

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