S T A T E O F N E W Y O R K
________________________________________________________________________
5091--A
2017-2018 Regular Sessions
I N A S S E M B L Y
February 6, 2017
___________
Introduced by M. of A. CRESPO, PICHARDO, SEPULVEDA -- read once and
referred to the Committee on Health -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
Section 1. Section 2507 of the public health law, as amended by chap-
ter 12 of the laws of 2017, is amended to read as follows:
§ 2507. Special supplemental nutrition program for women, infants and
children[; specialty formula].
1. Definitions. For the purposes of this section:
(a) "WIC" shall mean the special supplemental nutrition program for
women, infants and children;
(b) "WIC food vendor" OR "VENDOR" shall mean a business entity that
operates a retail delivery system that is authorized by the department
to sell products covered by WIC to individuals under the WIC program;
[and]
(c) "Specialty formula" shall mean specifically formulated nutrition
products prescribed for medically fragile WIC participants with qualify-
ing medical conditions[.];
(D) "WIC FOOD ITEM" SHALL MEAN FOOD ITEMS ELIGIBLE FOR PURCHASE
THROUGH THE WIC PROGRAM; AND
(E) "WIC CHECK" SHALL MEAN A CHECK, VOUCHER, OR OTHER NEGOTIABLE
INSTRUMENT THAT CAN BE REDEEMED BY A WIC RECIPIENT AT A WIC FOOD VENDER
FOR FOOD ITEMS ELIGIBLE UNDER THE WIC PROGRAM.
2. Every WIC food vendor shall be authorized to sell any product
covered under WIC, including specialty formula, in accordance with the
WIC vendor type as designated by the department, unless specifically
limited or barred by the commissioner pursuant to state or federal regu-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00037-04-7
A. 5091--A 2
lations. The commissioner is authorized to establish criteria defining
which WIC food vendors can sell specialty formula. Any such criteria
shall not be applied arbitrarily and shall ensure WIC participant access
to specialty formula. The commissioner shall establish a process to
address individual cases where there is evidence of inadequate WIC
participant access.
3. (A) EVERY WIC FOOD VENDOR MAY SUBMIT TO THE DEPARTMENT OR THE
DEPARTMENT'S DESIGNEE ITS CURRENT SHELF PRICE FOR ANY WIC FOOD ITEM THAT
EXPERIENCES LOW FLUCTUATION IN PRICE AND MARKET VALUE AND/OR A HIGH
INCIDENCE OF WIC CHECK DISCREPANCIES, FOR APPROVAL OF SUCH PRICE UNDER
WIC. CRITERIA FOR APPROVAL SHALL BE SET BY THE DEPARTMENT AND SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, THE GEOGRAPHIC LOCATION OF THE
VENDOR'S STORE, THE TYPE OF STORE, THE NUMBER OF CASH REGISTERS
CONTAINED WITHIN THE VENDOR'S STORE, THE VENDORS VOLUME OF WIC BUSINESS,
AND THE AVAILABILITY OF WIC FOOD ITEMS IN THAT GEOGRAPHIC REGION IN
PROPORTION TO THE VOLUME OF WIC PARTICIPANTS IN SUCH REGION. THE DEPART-
MENT SHALL RESPOND TO THE VENDOR'S REQUEST WITHIN TWENTY-ONE DAYS OF THE
SUBMISSION.
(B) THE DEPARTMENT OR ITS DESIGNEE SHALL INCLUDE IN ANY NOTIFICATION
OF DISAPPROVAL UNDER THIS SUBDIVISION FOR AN ITEM OR ITEMS THE MOST UP
TO DATE AVERAGE PRICE FOR THE VENDOR'S PEER GROUP AND SHALL ALLOW RESUB-
MISSION FOR APPROVAL OF SUCH ITEMS WITHIN SIXTY DAYS OF SUCH DISAP-
PROVAL.
(C) ANY APPROVAL UNDER THIS SUBDIVISION SHALL LAST NO LESS THAN SIX
MONTHS, PROVIDED THAT THE VENDOR MAY APPLY FOR A NEW PRICE TO BE
APPROVED WITHIN SUCH TIME FOR GOOD CAUSE SHOWN. THE APPROVAL OF A PRICE
UNDER THIS SUBDIVISION SHALL NOT AUTHORIZE THE USE OF A PRICE THAT IS
OTHERWISE CONTRARY TO APPLICABLE WIC LAW, REGULATION OR POLICY.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.