Bill Text: NY A05304 | 2019-2020 | General Assembly | Introduced


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 8-0)

Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A05304 Detail]

Download: New_York-2019-A05304-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5304
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2019
                                       ___________
        Introduced by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. PICHARDO
          -- read once and referred to the Committee on Health
        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-
    24  lations.   The commissioner is authorized to establish criteria defining
    25  which WIC food vendors can sell specialty  formula.  Any  such  criteria
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08895-01-9

        A. 5304                             2
     1  shall not be applied arbitrarily and shall ensure WIC participant access
     2  to  specialty  formula.  The  commissioner  shall establish a process to
     3  address individual cases where  there  is  evidence  of  inadequate  WIC
     4  participant access.
     5    3.  (a)  Every  WIC  food  vendor  may submit to the department or the
     6  department's designee its current shelf price for any WIC food item that
     7  experiences low fluctuation in price and  market  value  and/or  a  high
     8  incidence  of  WIC check discrepancies, for approval of such price under
     9  WIC. Criteria for approval shall be set  by  the  department  and  shall
    10  include,  but  shall  not  be limited to, the geographic location of the
    11  vendor's store,  the  type  of  store,  the  number  of  cash  registers
    12  contained within the vendor's store, the vendors volume of WIC business,
    13  and  the  availability  of  WIC  food items in that geographic region in
    14  proportion to the volume of WIC participants in such region. The depart-
    15  ment shall respond to the vendor's request within twenty-one days of the
    16  submission.
    17    (b) The department or its designee shall include in  any  notification
    18  of  disapproval  under this subdivision for an item or items the most up
    19  to date average price for the vendor's peer group and shall allow resub-
    20  mission for approval of such items within  sixty  days  of  such  disap-
    21  proval.
    22    (c)  Any  approval  under this subdivision shall last no less than six
    23  months, provided that the vendor  may  apply  for  a  new  price  to  be
    24  approved within such time for good cause shown.  The approval of a price
    25  under  this  subdivision  shall not authorize the use of a price that is
    26  otherwise contrary to applicable WIC law, regulation or policy.
    27    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    28  have become a law.
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