Bill Text: NY A05091 | 2017-2018 | General Assembly | Amended

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Bill Title: Permits WIC food vendors to submit to the department of health its current shelf price for any WIC food item that experiences low fluctuation in price and market value and a high incidence of WIC check discrepancies for approval of such price under WIC.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A05091 Detail]

Download: New_York-2017-A05091-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5091--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced  by  M.  of  A.  CRESPO, PICHARDO, SEPULVEDA -- read once and
          referred to the Committee on Health -- reported and  referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the public health law, in relation to a special  supple-
          mental nutrition program for women, infants and children
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Section 2507 of the public health law, as amended by chap-
     2  ter 12 of the laws of 2017, is amended to read as follows:
     3    § 2507. Special supplemental nutrition program for women, infants  and
     4  children[; specialty formula].
     5    1. Definitions. For the purposes of this section:
     6    (a)  "WIC"  shall  mean the special supplemental nutrition program for
     7  women, infants and children;
     8    (b) "WIC food vendor" or "vendor" shall mean a  business  entity  that
     9  operates  a  retail delivery system that is authorized by the department
    10  to sell products covered by WIC to individuals under  the  WIC  program;
    11  [and]
    12    (c)  "Specialty  formula" shall mean specifically formulated nutrition
    13  products prescribed for medically fragile WIC participants with qualify-
    14  ing medical conditions[.];
    15    (d) "WIC food item"  shall  mean  food  items  eligible  for  purchase
    16  through the WIC program; and
    17    (e)  "WIC  check"  shall  mean  a  check, voucher, or other negotiable
    18  instrument that can be redeemed by a WIC recipient at a WIC food  vender
    19  for food items eligible under the WIC program.
    20    2.  Every  WIC  food  vendor  shall  be authorized to sell any product
    21  covered under WIC, including specialty formula, in accordance  with  the
    22  WIC  vendor  type  as  designated by the department, unless specifically
    23  limited or barred by the commissioner pursuant to state or federal regu-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00037-04-7
        A. 5091--A                          2
     1  lations.  The commissioner is authorized to establish criteria  defining
     2  which  WIC  food  vendors  can sell specialty formula. Any such criteria
     3  shall not be applied arbitrarily and shall ensure WIC participant access
     4  to  specialty  formula.  The  commissioner  shall establish a process to
     5  address individual cases where  there  is  evidence  of  inadequate  WIC
     6  participant access.
     7    3.  (a)  Every  WIC  food  vendor  may submit to the department or the
     8  department's designee its current shelf price for any WIC food item that
     9  experiences low fluctuation in price and  market  value  and/or  a  high
    10  incidence  of  WIC check discrepancies, for approval of such price under
    11  WIC. Criteria for approval shall be set  by  the  department  and  shall
    12  include,  but  shall  not  be limited to, the geographic location of the
    13  vendor's store,  the  type  of  store,  the  number  of  cash  registers
    14  contained within the vendor's store, the vendors volume of WIC business,
    15  and  the  availability  of  WIC  food items in that geographic region in
    16  proportion to the volume of WIC participants in such region. The depart-
    17  ment shall respond to the vendor's request within twenty-one days of the
    18  submission.
    19    (b) The department or its designee shall include in  any  notification
    20  of  disapproval  under this subdivision for an item or items the most up
    21  to date average price for the vendor's peer group and shall allow resub-
    22  mission for approval of such items within  sixty  days  of  such  disap-
    23  proval.
    24    (c)  Any  approval  under this subdivision shall last no less than six
    25  months, provided that the vendor  may  apply  for  a  new  price  to  be
    26  approved within such time for good cause shown.  The approval of a price
    27  under  this  subdivision  shall not authorize the use of a price that is
    28  otherwise contrary to applicable WIC law, regulation or policy.
    29    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    30  have become a law.