Bill Text: NY S08077 | 2015-2016 | General Assembly | Introduced

Bill Title: Provides that participants in the special supplemental nutrition program for women, infants and children may receive foods from any vendor approved by such program, including infant formula.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Passed) 2016-12-31 - SIGNED CHAP.518 [S08077 Detail]

Download: New_York-2015-S08077-Introduced.html

                STATE OF NEW YORK
                    IN SENATE
                                      June 10, 2016
          SANDERS, SAVINO, VALESKY -- 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
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new section
     2  2507 to read as follows:
     3    § 2507. Special supplemental nutrition program for women, infants  and
     4  children; specialty infant 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 vendor" shall mean a vendor which  has  a  contract  to  sell
     9  products covered by WIC to individuals under the WIC program; and
    10    (c)  "Specialty  infant  formula"  shall  mean  infant formula that is
    11  prescribed for a specific medical condition, for which medical  documen-
    12  tation may be required, under regulations of the commissioner.
    13    2.  Every  WIC  vendor shall be authorized to sell any product covered
    14  under WIC,  including  specialty  infant  formula,  unless  specifically
    15  limited  or  barred  by the commissioner applying regulations under this
    16  section or applicable federal regulations. The  commissioner  shall  not
    17  apply  arbitrary criteria, or criteria that create unreasonable barriers
    18  for WIC participants to access specialty infant formula, and shall  only
    19  apply  criteria  that are reasonably related to and consistent with: (a)
    20  promoting WIC beneficiary access to specialty infant  formula;  and  (b)
    21  administration of WIC with integrity, efficiency and security.
    22    § 2. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law; provided, however, that effective immediate-
    24  ly,  the  commissioner  of  health shall make regulations and take other
    25  actions necessary to implement the provisions of this act.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.