Bill Text: NY S06786 | 2017-2018 | 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 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HEALTH [S06786 Detail]
Download: New_York-2017-S06786-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6786 2017-2018 Regular Sessions IN SENATE June 17, 2017 ___________ Introduced by Sen. ALCANTARA -- 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 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. LBD00037-06-7S. 6786 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.