BILL NUMBER:  S8077

 TITLE OF BILL :  An act to amend the public health law, in relation
to access to the special supplemental nutrition program for women,
infants and children

 PURPOSE :

This bill will ensure that participants in the WIC program have access
to all WIC approved products, including specialty and exempt formulas,
at any WIC approved vendors.

 SUMMARY OF PROVISIONS :

Section one of the bill adds a new section 2507 to the public health
law.

The new § 2507 includes definitions and states that every WIC vendor
is authorized to sell any product covered by the WIC program,
including specialty infant formula, unless there is an explicit state
or federal prohibition.

This new section would direct the Commissioner of Health to promulgate
rules and regulations in a consistent manner that does not restrict
access to specialty infant formula.

              

Section two of the bill establishes and effective date.

 JUSTIFICATION :

In January of 2014 the New York State Department of Health (DOH)
decided to change its rules for the Special Supplemental Nutrition
Program for Women, Infants and Children (WIC Program) by announcing
that the only WIC vendors allowed to redeem checks for infant formulas
issued with a prescription, which DOH labels as exempt formula, would
be pharmacies or stores with a pharmacy department.  Vendors were
informed of this new rule on February 2014. DOH carried out this
important rules change without any input from the various stakeholders
involved in the WIC program and in doing so greatly reduced the
choices available for participants when it comes to obtaining the food
they need to ensure that their children get the nutrition they need.

This rules change negatively affects the ability of WIC participants
to get the products they are being prescribed when they visit their
nutritionist by limiting the number of vendors that provide this
formula. In addition, given the nature of retail in New York City,
most of the vendors who would be able to redeem checks for
prescription formula are not vendors who sell fresh fruits and
produce. The Federal and State governments have been pushing to
increase the intake of fresh fruits and vegetables to combat obesity
and other diseases. Ensuring the pregnant women, infant, and children
have access to fresh fruits and vegetables is a very important public
initiative and DOH's rule change undermines this initiative in New
York City by forcing participants to shop at stores that generally
don't offer fresh fruits and vegetables.

It has long been recognized that poor children lag behind non-poor
children on a wide range of indicators of physical, mental, academic,
and economic well-being. Poor children are more likely to have health,
behavioral, learning, and emotional problems. This is especially true
of poor children whose families experience deep poverty, those who are
poor during early childhood, and those who are poor for a long time.
Poor children are also more likely to be food insecure, and food
insecurity in households with children is associated with inadequate
intake of several important nutrients, deficits in cognitive
development, behavioral problems, and poor health.
The overall health of a child relates closely with pediatric obesity.
There are increased risks for diseases associated with pediatric
obesity and they are predicted to negatively impact the life
expectancy of the current generation of American children. Because the
early childhood onset of obesity is a strong predictor of the
persistence of obesity into adolescence and adulthood finding
effective strategies to promote healthy eating among young, low-income
children is critical to curbing the childhood obesity epidemic. For
these reasons, there is a push to improve the quality and amount of
fresh fruit and vegetables that are eaten. One such WIC program is the
WIC Vegetables and Fruits Check Program. This is used to allow the WIC
recipients to shop with approved for Farmers Market vendors. These
vendors must go through a process and be approved by NY State.

One June 24, 2015 Governor Cuomo announced an additional $658 million
to support access to the WIC program in New York. This expansion of
funding by the Governor showcases the important that we have given
ensuring access to fresh fruits and vegetables to families across New
York State. Given the importance the State has given to ensuring that
all eligible individuals participate in WIC and the importance of
making sure that infants and children have access to fresh fruits and
vegetables, it makes no sense to severely limit the number of WIC
approved vendors capable of providing women with specialty or exempt
formula.

 LEGISLATIVE HISTORY :

This bill is very similar to S.7049 which passed this house in 2016.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred and eightieth day after
it shall have become law; provided, however, that effective
immediately, the commissioner of health shall make regulations and
take other actions necessary to implement the provisions of this act.