25 TAC §31.1
The Texas Department of Health (department) proposes an amendment
to §31.1 concerning the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC). Section 31.1(c) adopts by reference the WIC Policy
and Procedure Manual. Under federal and state enabling legislation, the WIC
Program is 99% federally funded and is governed by federal law and regulations.
The United States Department of Agriculture (USDA) provides federal grant
funds to the department to administer the WIC Program, provided the department
does so in accordance with federal regulations. The proposed amendment to
§31.1(c) deletes 15 policies from the WIC Policy and Procedure Manual
and adds one new policy. Neither federal law nor regulations require the department
to adopt WIC policies or procedures by rule after approval by USDA.
The policies proposed for deletion from the WIC Policy and Procedure Manual
include the following: FD: 11.2, Least Expensive Brands Declaration; FD: 13.0,
Home Delivery; FD: 13.1, Mobile Units; FD: 16.0, WIC Vendor Communications
and Training; FD: 17.0, Reimbursement Claims by Grocer/Vendor for Vouchers
Lost in Transit; FD: 18.0, Appeal Procedure for Food Instruments Invalidated
by the State Agency; FD: 20.0, Trading Stamps; FD: 21.0, Rain Checks; FD:
30.0, Vendor Contract/Policy Violations; FD: 30.1, Vendor Administrative Disqualification;
FD: 30.2, Inadequate Participant Access; FD: 31.0, Substitution of Foods by
Grocers; FM: 01.3, Farmers' Market Monitoring; FM: 01.4, Farmers' Market Abuse;
and FM: 01.6, Appeal Procedures. The policies affect WIC food vendors and
will continue to be enforced unchanged because the policies have been adopted
by reference as part of each food vendor's contract. Deletion of policies
affecting WIC food vendors from §31.1(c) will eliminate duplicate references
to the policies in both department rules and vendors' contracts. Since the
relationship of WIC food vendors to the department is contractual, the amendment
to §31.1(c) will clarify that vendors are subject to sanctions solely
as a result of noncompliance with their contracts.
The new policy proposed for addition to the WIC Policy and Procedure Manual
is CS: 02.3, Physical Presence, which requires that applicants for WIC Program
benefits must be physically present when a WIC local agency determines, or
certifies, their eligibility. The policy authorizes certification without
the applicant's physical presence only when the applicant or the applicant's
parents are disabled; when the applicant is an infant or a child receiving
documented ongoing health care; or when the applicant's parent or caretaker
works and has no opportunity to bring the infant or child to the WIC clinic.
Bob Kissel, Acting Chief, Bureau of Nutrition Services, has determined
that for each year of the first five years the section is in effect, there
will be fiscal implications to state and local government as a result of enforcing
or administering the section as proposed. The estimated impact on state government
will be a combined increase in costs to the department's five public health
regions which serve as WIC local agencies of approximately $3,816 per year
for additional staff time required to determine and document that one of the
exceptions to Policy CS 02.3 applies, and that an applicant is therefore eligible
to be certified without being physically present. The estimated impact on
local governments which serve as WIC local agencies will be a combined increase
in costs of approximately $114,432 per year for the same purpose.
Mr. Kissel has also determined that for each year of the first five years
the section is in effect, the public benefits anticipated as a result of enforcing
or administering the section regarding deletion of WIC policies affecting
food vendors will be clarification of and increased efficiency in their enforcement.
The public benefits anticipated as a result of enforcing or administering
the new policy requiring applicants' physical presence for certification of
their eligibility for WIC Program benefits include the following: improved
program accountability and integrity; increased access by applicants to other
needed health and human services; increased knowledge of the applicant's nutritional
needs, resulting in more accurately tailored WIC food packages; improved ability
of staff to observe and accurately assess an applicant's risk status; increased
access by participants to nutritional education and immediately available
health services, such as immunizations. There will be no costs to micro-businesses
or small businesses to comply with the section as proposed. This was determined
because the policies proposed for deletion from §31.1(c) affect only
food vendors. The policies will remain unchanged and will be enforced through
the food vendors' contracts with the department. The proposed policy requiring
physical presence of applicants for eligibility certification will affect
only WIC local agencies, which by federal regulations must be nonprofit entities,
and therefore cannot qualify as micro-businesses or small businesses. The
anticipated economic costs to persons (WIC local agencies other than state
or local government entities) who are required to comply with the section
as proposed is approximately $9,864 per year. There is no anticipated impact
on local employment.
Comments on the proposal may be submitted to Valerie Wolfe, Policy Director,
Bureau of Nutrition Services, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756, (512) 458-7444. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
. Copies of the policies proposed for deletion from the WIC
Policy and Procedure Manual and of proposed Policy CS: 02.3, Physical Presence,
are available from Ms. Wolfe and from the WIC Program's web site at http://www.tdh.state.tx.us/wichd/
under Notices. In addition, a public hearing will be held on August 1, 2000,
at 9:00 a.m. in Room K- 100, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756.
The amendment is proposed under the Health and Safety Code, §12.001,
which provides the board with the authority to adopt rules for the performance
of every duty imposed by law on the board, the department, or the commissioner
of health; the Texas Omnibus Hunger Act of 1985, Acts 1985, 69th Legislature,
Chapter 150, Title II; Human Resources Code, Chapter 33; the Child Nutrition
Act of 1966, 42 USC §1786, as amended; and 7 CFR Part 246.
The amendment affects the Texas Omnibus Hunger Act of 1985, Acts 1985,
69th Legislature, Chapter 150, Title II; and Human Resources Code, Chapter
33.
§31.1.Special Supplemental Food Program for Women, Infants, and Children (WIC).
(a)-(b)
(No change.)
(c)
WIC Policy and Procedure Manual.
(1)
The department adopts by reference the publication titled
"WIC Policy and Procedure Manual," which the department developed, as amended
effective
October 1, 2000
[
July 1, 2000
]. This policy
and procedure manual has been developed by the department's WIC Program and
approved by the United States Department of Agriculture.
(2)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on June 23, 2000.
TRD-200004421
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: August 6, 2000
For further information, please call: (512) 458-7236