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10.54.02.00.htm 10.54.02.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 54 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) Chapter 02 Local Agency Authority: Health-General Article, §18-107(a) and 18-108, Annotated Code of Maryland
10.54.02.01.htm 10.54.02.01. 01 Scope.. These regulations are promulgated to specify the selection and the responsibilities of a local agency, and the rate of payment to a local agency in the administration of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program or Program) operated by the Maryland Department of Health with funding substantially provided by the U.S. Department of Agriculture under §17 of the Child Nutrition Act of 1966, 42 U.S.C. §1786.
10.54.02.02.htm 10.54.02.02. 02 Definitions.. A. The terms defined in COMAR 10.54.01.03 also apply to this chapter.. B. In this chapter, the following terms have the meanings indicated.. C. Terms Defined.. 1) "Asian/Pacific Islander" means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, and includes:a) China;. b) Japan;. c) Korea;. d) The Philippine Islands; and. e) Samoa.. 2) "Hispanic" means a person of:.
10.54.02.03.htm 10.54.02.03. 03 Selection of a Local Agency.. The State agency shall select a local agency in accordance with the following priorities:. A. First consideration shall be given to a public or a private nonprofit health agency that will provide ongoing, routine pediatric and obstetric care and administrative services;B. Second consideration shall be given to a public or private nonprofit health or human service agency that will enter into a written agreement with another agency for either
10.54.02.04.htm 10.54.02.04. 04 Duties and Responsibilities.. To participate in the Program, a local agency shall:. A. Comply with the fiscal and operational requirements prescribed by the State agency or the federal government at:1) Regulation .08 of this chapter;. 2) COMAR 10.54.01;. 3) 7 CFR Part 3015;. 4) 7 CFR Part 3016; and. 5) 7 CFR Part 246;. B. Maintain the caseload within the prescribed performance standards of the State-assigned level over a prescribed time period as specified in the wri
10.54.02.05.htm 10.54.02.05. 05 Certification Process.. A local agency shall:. A. Certify an applicant as eligible for the Program according to the policies and procedures prescribed in COMAR 10.54.01;B. Inform an applicant or participant, or a parent or caretaker, of the participant's rights and responsibilities and the Program benefits as prescribed in COMAR 10.54.01.07 and .08; andC. Maintain historical participant case files which shall include at least the following information obtained at each certifi
10.54.02.06.htm 10.54.02.06. 06 Nutrition Education.. A. A local agency shall provide nutrition education or a local agency shall enter into an agreement with another agency to provide nutrition information.B. If nutrition education is provided by another agency, then the local agency shall:. 1) Submit the nutrition education agreement in the nutrition education plan to the State agency;. 2) Ensure proper training to the individual or individuals rendering the services; and. 3) Monitor the services rendered..
10.54.02.07.htm 10.54.02.07. 07 Food Delivery.. A. General Provisions. A local agency shall:. 1) Implement and operate a food delivery system according to the local agency's agreement with the State agency;2) Ensure that the food delivery system's operation is compatible with the delivery of health and nutrition education services;3) Inform a participant or the parent or caretaker of an infant or child participant of the authorized vendors within the local agency service area;4) Issue food instruments
10.54.02.08.htm 10.54.02.08. 08 Financial Management System.. A local agency shall:. A. Maintain records which identify the source and use of funds expended for Program activities and which contain information pertaining to:1) Authorization;. 2) Receipt of funds;. 3) Obligations;. 4) Unobligated balances;. 5) Assets;. 6) Liabilities;. 7) Outlays; and. 8) Income; and. B. Implement procedures which ensure prompt and accurate payment of allowable costs..
10.54.02.09.htm 10.54.02.09. 09 Program Costs ― General.. A local agency may have the following administrative and program services costs:. A. Direct costs, as allowed under 7 CFR Part 3016, which are identifiable costs incurred exclusively for the purpose of the Program; andB. Indirect costs, as allowed by 7 CFR Part 3016, which are those costs incurred for a common purpose benefitting more than one program.
10.54.02.10.htm 10.54.02.10. 10 Allowable Administrative and Program Service Costs.. A. Expenditures for Nutrition Education.. 1) During each federal fiscal year, a local agency shall use for nutrition education an amount equal to at least 20 percent of the administrative award set forth in §B of this regulation.2) A local agency may not apply the cost of dietary assessments for purposes of certification and the cost of prescribing and issuing supplemental foods to the 20 percent minimum amount required to be
10.54.02.11.htm 10.54.02.11. 11 Monitoring and Review.. A. Management Evaluation and Reviews. Every 2 years the State agency shall conduct a monitoring review of each local agency, including an on-site review of a minimum of 20 percent of the clinics in a local agency or one clinic, whichever is greater. This review shall encompass, but not be limited to, the evaluation of:1) Management;. 2) Certification;. 3) Nutrition education;. 4) Civil rights compliance;. 5) Accountability;.
10.54.02.12.htm 10.54.02.12. 12 Disqualification of a Local Agency.. The State agency may disqualify a local agency when the:. A. State agency determines a local agency's noncompliance with Program regulations;. B. State's Program funds are insufficient to support the continued operation of the Program's existing local agencies at the agencies' current participation level; orC. State agency determines, following a review of local agency credentials in accordance with Regulation .11B of this chapter
10.54.02.13.htm 10.54.02.13. 13 Claims and Penalties.. A. If the State agency determines through a review of a local agency's reports, program or financial analysis, monitoring, audit, or other means, that Program funds provided to a local agency for administrative and program services purposes were, through the local agency's negligence or fraud, misused or otherwise diverted from Program purposes, the State agency shall make a claim against the local agency.B. The local agency shall pay the State agency a s
10.54.02.14.htm 10.54.02.14. 14 Records and Reports.. A. A local agency shall:. 1) Maintain full and complete records concerning Program operations;. 2) Establish and maintain records concerning:. a) Financial operations;. b) Food delivery systems;. c) Food instrument issuance;. d) Equipment purchases;. e) Inventory;. f) Certification;. g) Nutrition education;. h) Civil rights;. i) Fair hearing procedures; and. j) Other information as specified by the State agency;. 3) Retain all records for
10.54.02.15.htm 10.54.02.15. 15 Appeal Procedures.. A local agency filing an appeal from an administrative decision made in connection with these regulations shall do so in accordance with COMAR 10.01.06.
10.54.02.16.htm 10.54.02.16. 16 Conflict of State and Federal Law and Regulation.. If a provision of this chapter conflicts with a federal statute or regulation, the federal statute or regulation prevails.
10.54.02.17.htm 10.54.02.17. 17 Program Information Disclosure.. A. The Food and Consumer Service of the U.S. Department of Agriculture and the State agency reserve the right to use information obtained under the Program in a summary, statistical, or other form which does not identify an individual client.B. The Food and Consumer Service and the State agency may require the local agency to supply medical data and other information collected under the Program, in a form that does not identify individual
10.54.02.18.htm 10.54.02.18. 18 Payment to a Local Agency.. A. The funds awarded by the Department to a local agency are based on the caseload to be served and are subject to the availability of federal funds.B. Effective July 1, 2016, the Department shall award to the local agency a base funding of:. 1) $465,000 for a case load up to 3,999 participants;. 2) $510,000 for a case load from 4,000 to 7,999 participants;. 3) $640,000 for a case load of 8,000 to 11,000 participants;.
10.54.02.9999.htm 10.54.02.9999. Administrative History Effective date: March 30, 1992 (19:6 Md. R. 674). Regulation .01 amended as an emergency provision effective July 8, 1993 (20:15 Md. R. 1219) amended permanently effective January 9, 1994 (20:20 Md. R. 1572)Regulation .02 amended as an emergency provision effective February 22, 1996 (23:6 Md. R. 473) amended permanently effective June 3, 1996 (23:11 Md. R. 810)Regulations .04, .10, .14, .17, and .18 amended as an emergency provision e
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