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10.54.01.00.htm 10.54.01.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 54 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) Chapter 01 Eligibility, Participation, and Benefits Authority: Health-General Article, §18-107(a) Annotated Code of Maryland
10.54.01.01.htm 10.54.01.01. 01 Scope.. This chapter specifies the eligibility policies and procedures and the benefits available under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program or Program) operated by the Department of Health and Mental Hygiene, with funding substantially provided by the United States Department of Agriculture (USDA) under the Child Nutrition Act of 1966, §17, as amended.
10.54.01.02.htm 10.54.01.02. 02 Purpose.. A. The WIC Program provides supplemental foods and nutrition education:. 1) Through local agencies at no cost to eligible individuals; and. 2) To pregnant women, postpartum women, breastfeeding women, infants, and children, who are from families with income below a certain established amount and who are determined by a competent professional authority to be at risk with respect to their physical and mental health by reason of inadequate nutrition or health care
10.54.01.03.htm 10.54.01.03. 03 Incorporations by Reference.. In this chapter, the following are incorporated by reference:. A. 42 U.S.C. §1786, as amended;. B. 7 CFR 246, as amended; and. C. 7 CFR 15, 15a, and 15b, as amended..
10.54.01.04.htm 10.54.01.04. 04 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Applicant" means an individual who has requested or on whose behalf another person has requested WIC benefits in person, either orally or in writing, under the provisions of this chapter.2) "Breastfeeding woman" means a woman up to 1 year postpartum who is breastfeeding her infant..
10.54.01.05.htm 10.54.01.05. 05 Eligibility Criteria.. A. An applicant shall be certified as eligible before participating in the Program.. B. To be certified as eligible for the Program, an infant, a child, or a pregnant, postpartum, or breastfeeding woman:1) Shall reside, without regard to the length of residency, within the jurisdiction of:. a) Maryland, unless a reciprocal agreement has been established with another State agency; and. b) The local agency as defined by the State agency;.
10.54.01.06.htm 10.54.01.06. 06 Residency Eligibility Determination Process.. A. In order to be eligible for WIC benefits, an applicant shall provide to a local agency documentation of Maryland residency, or residency in a state having a reciprocal residency agreement with Maryland.B. Documentation. In order to document residency, an applicant shall provide to the local agency one of the following:1) Postmarked correspondence sent to the applicant's home address;.
10.54.01.07.htm 10.54.01.07. 07 Income Eligibility Determination Process.. A. Determining Income. 1) In order to determine whether an applicant is income-eligible for Program participation, a local agency shall determine the applicant's income, which is determined pursuant to family size as set forth in §B of this regulation.2) Subject to the provisions of this regulation, a local agency shall determine an applicant's income by adding together the sources of income as defined in Regulation .04B of
10.54.01.08.htm 10.54.01.08. 08 Nutritional Risk Determination Process.. A. After an applicant has been found to meet the Program's income eligibility standards as specified in Regulation .07 of this chapter, in order for the applicant to receive WIC benefits, the applicant shall be found by the Program to be at nutritional risk.B. In order to determine whether an applicant is at nutritional risk, a competent professional authority on the staff of the local agency shall perform a nutritional assessmen
10.54.01.09.htm 10.54.01.09. 09 Priority Levels of Nutritional Risk.. A. A local agency shall classify applicants according to priority levels of nutritional risk.. B. Priority Levels of Nutritional Risk.. 1) Priority I. Priority I is a pregnant woman, a breastfeeding woman, or an infant at nutritional risk because of:a) Detrimental or abnormal nutritional conditions detected by biochemical or anthropometric measurements;b) Other documented nutritionally related medical conditions; or. c) Conditions that direct
10.54.01.10.htm 10.54.01.10. 10 Priority Waiting List.. A. When it is serving its maximum case load, a local agency shall maintain a priority waiting list of individuals seeking Program benefits.B. In order to be placed on the priority waiting list, an individual shall apply for Program benefits as specified in Regulation .05B of this chapter.C. A local agency shall place an individual on a priority waiting list according to the priority levels set forth in Regulation .09 of this chapter, as follows:
10.54.01.11.htm 10.54.01.11. 11 Nutritional Risk Factors.. A. For purposes of the WIC Program, to be considered at nutritional risk:. 1) A woman shall exhibit one or, where specified, two of the nutritional risk factors listed in Chart A, as shown in §B of this regulation; and2) An infant or child shall exhibit one or, where specified, two of the nutritional risk factors listed in Chart B, as shown in §B of this regulation.B. Explanation of Charts.. The nutritional risk factors fall into one of six
10.54.01.12.htm 10.54.01.12. 12 Application Processing Procedures.. A. A local agency may not charge an applicant a fee for the certification process.. B. To lend administrative efficiency and participant convenience to the certification process, a local agency shall, whenever possible, use intake procedures for processing applications that are combined with intake procedures for other health programs or services administered by the local agency. These procedures may include:1) Verification procedures;.
10.54.01.13.htm 10.54.01.13. 13 Certification Periods.. A. A local agency shall certify an applicant for Program benefits for the following time periods:. 1) A pregnant woman for the duration of her pregnancy and for up to 6 weeks postpartum;. 2) A postpartum woman for up to 6 months postpartum;. 3) A breastfeeding woman at intervals of approximately 6 months ending with the breastfed infant's first birthday;4) An infant at intervals of 6 months or an infant younger than 6 months old for the period up to th
10.54.01.14.htm 10.54.01.14. 14 Action Affecting Participation During a Certification Period.. A. A local agency may disqualify a participant in the middle of a certification period for Program abuse, which includes but is not limited to:1) The sale or exchange of food instruments or food obtained with a food instrument;. 2) Dual participation;. 3) Making false or misleading statements or intentionally misrepresenting, concealing, or withholding information in order to obtain benefits;
10.54.01.15.htm 10.54.01.15. 15 Dual Participation.. A. A participant may not engage in dual participation as defined in Regulation .04B of this chapter.. B. The State agency in conjunction with the local agency is responsible for the detection and prevention within its program of dual participation.C. The local agency shall take immediate actions to investigate and resolve all incidents of suspected Program abuse involving dual participation.D. In order to prevent possible dual participation
10.54.01.16.htm 10.54.01.16. 16 Applicant and Participant Rights and Responsibilities in the Certification Process.. A. At the time of certification, a local agency shall inform an applicant or the parent, guardian, or caretaker of a child or infant applicant, of the following:1) The applicant may not engage in dual participation;. 2) The Program violations and the sanctions applicable to a participant, a child or infant participant's parent, guardian, or caretaker, or proxy for committing those violations;
10.54.01.17.htm 10.54.01.17. 17 Transfer of Certification.. A. A local agency shall:. 1) Issue a copy of a participant's State-approved certification form to a participant who advises the local agency that the participant will be relocating within Maryland;2) Issue a verification of certification card to a participant who:. a) Is a member of a family in which there is a migrant farm worker; or. b) Advises the local agency that the participant's family is likely to be relocating outside of Mary
10.54.01.18.htm 10.54.01.18. 18 Receipt of Benefits.. A. Nutrition Benefits. A local agency shall:. 1) Make available at least two nutrition education contacts to the participant or to the parent, guardian, or caretaker of an infant or child participant, and, whenever possible, the child participant, during each 6-month certification period;2) Ensure that nutrition education is offered four times annually to the parent, proxy, guardian, or caretaker of an infant participant who has been c
10.54.01.19.htm 10.54.01.19. 19 Sanctions.. A. The Program may sanction a participant or proxy in the Program, in addition to seeking criminal or civil sanctions or other remedies that may be applicable under federal, State, or local law.B. If a participant or a child or infant participant's parent, guardian, or caretaker, has deliberately misrepresented the participant's income, residence, family size, health status, medical data, or date of birth, the:1) Program shall:.
10.54.01.20.htm 10.54.01.20. 20 Local and State Agency Sanction Responsibilities.. A. A local agency shall implement participant and proxy sanctions and notify the State agency of the action taken.B. The State agency may also initiate participant and proxy sanctions and other acts based on information available to the State agency.C. Except for a participant the State agency disqualifies for failure to pick up food instruments, the State agency shall, not less than 15 days before disqualification, advis
10.54.01.21.htm 10.54.01.21. 21 Appeal Procedures.. A. Applicants and participants may appeal certain State or local agency actions.. B. An applicant or participant:. 1) May appeal a State or local agency action resulting in the individual's being:. a) Denied participation in the WIC Program,. b) Instructed to repay the cash value of improperly issued benefits, or. c) Disqualified from the Program; and. 2) Shall appeal the action in accordance with COMAR 10.01.06..
10.54.01.22.htm 10.54.01.22. 22 Nondiscrimination.. A. Civil Rights Requirements.. 1) To ensure that an individual may not, on the grounds of race, color, national origin, age, sex, or handicap, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the Program, a local agency shall comply with the requirements of:a) Title VI of the Civil Rights Act of 1964 as incorporated by reference in Regulation .03 of this chapter;b) Title IX of the Educat
10.54.01.23.htm 10.54.01.23. 23 Non-English Materials.. A. The Program shall accommodate the non-English-speaking individuals in the population eligible to be served as set forth in this chapter.B. When the population eligible to be served needs services or information in a language other than English in order to be informed of or to participate in the Program, the local agency shall:1) Take reasonable steps to provide Program information in the appropriate language; and. 2) Ensure that the rights
10.54.01.24.htm 10.54.01.24. 24 Conflict of Laws and Regulations.. If the provisions of this chapter conflict with federal statutes and regulations, including the provisions incorporated by reference in Regulation .03 of this chapter, the federal statutes and regulations prevail.
10.54.01.9999.htm 10.54.01.9999. Administrative History Effective date:. Regulations .01―12 adopted as an emergency provision effective February 21, 1986 (13:6 Md. R. 670) emergency status expired May 31, 1986Regulations .01―12 adopted as an emergency provision effective June 4, 1986 (13:13 Md. R. 1477) adopted permanently effective October 20, 1986 (13:21 Md. R. 2321)Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214).
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