Bill Text: NY S01067 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to access to the special supplemental nutrition program for women, infants and children relating to specialty formula; relates to the effectiveness thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-24 - SUBSTITUTED BY A379 [S01067 Detail]
Download: New_York-2017-S01067-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1067 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to access to the special supplemental nutrition program for women, infants and children and specialty formula; and to amend a chapter of the laws of 2016 amending the public health law relating to access to the special supplemental nutrition program for women, infants and children, as proposed in legislative bills numbers S. 8077 and A. 9648-A, in relation to the effectiveness thereof 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 added by a chap- 2 ter of the laws of 2016 amending the public health law relating to 3 access to the special supplemental nutrition program for women, infants 4 and children, as proposed in legislative bills numbers S. 8077 and A. 5 9648-A, is amended to read as follows: 6 § 2507. Special supplemental nutrition program for women, infants and 7 children; specialty [infant] formula. 8 1. Definitions. For the purposes of this section: 9 (a) "WIC" shall mean the special supplemental nutrition program for 10 women, infants and children; 11 (b) "WIC food vendor" shall mean a [vendor which has a contract] busi- 12 ness entity that operates a retail delivery system that is authorized by 13 the department to sell products covered by WIC to individuals under the 14 WIC program; and 15 (c) "Specialty [infant] formula" shall mean [infant formula that is16prescribed for a specific medical condition, for which medical documen-17tation may be required, under regulations of the commissioner] specif- 18 ically formulated nutrition products prescribed for medically fragile 19 WIC participants with qualifying medical conditions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07085-01-7S. 1067 2 1 2. Every WIC food vendor shall be authorized to sell any product 2 covered under WIC, including specialty [infant] formula, in accordance 3 with the WIC vendor type as designated by the department, unless specif- 4 ically limited or barred by the commissioner [applying regulations under5this section or applicable] pursuant to state or federal regulations. 6 The commissioner [shall not apply arbitrary criteria, or criteria that7create unreasonable barriers for WIC participants to access specialty8infant formula, and shall only apply criteria that are reasonably9related to and consistent with: (a) promoting WIC beneficiary access to10specialty infant formula; and (b) administration of WIC with integrity,11efficiency and security] is authorized to establish criteria defining 12 which WIC food vendors can sell specialty formula. Any such criteria 13 shall not be applied arbitrarily and shall ensure WIC participant access 14 to specialty formula. The commissioner shall establish a process to 15 address individual cases where there is evidence of inadequate WIC 16 participant access. 17 § 2. Section 2 of a chapter of the laws of 2016 amending the public 18 health law relating to access to the special supplemental nutrition 19 program for women, infants and children, as proposed in legislative 20 bills numbers S. 8077 and A. 9648-A, is amended to read as follows: 21 § 2. This act shall take effect [on the one hundred eightieth day22after it shall have become a law; provided, however, that effective23immediately, the commissioner of health shall make regulations and take24other actions necessary to implement the provisions of this act] imme- 25 diately. 26 § 3. This act shall take effect immediately.