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 is
    16  prescribed for a specific medical condition, for which medical  documen-
    17  tation  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.
                                                                   LBD07085-01-7

        S. 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 under
     5  this  section  or  applicable] pursuant to state or federal regulations.
     6  The commissioner [shall not apply arbitrary criteria, or  criteria  that
     7  create  unreasonable  barriers  for WIC participants to access specialty
     8  infant formula, and  shall  only  apply  criteria  that  are  reasonably
     9  related  to and consistent with: (a) promoting WIC beneficiary access to
    10  specialty infant formula; and (b) administration of WIC with  integrity,
    11  efficiency  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  day
    22  after  it  shall  have  become  a law; provided, however, that effective
    23  immediately, the commissioner of health shall make regulations and  take
    24  other  actions  necessary to implement the provisions of this act] imme-
    25  diately.
    26    § 3. This act shall take effect immediately.