MODERN WIC Act of 2023

To amend the Child Nutrition Act of 1966 to permit video or telephone certifications under the special supplemental nutrition program for women, infants, and children, and for other purposes. 1. Short title This Act may be cited as the More Options to Develop and Enhance Remote Nutrition in WIC Act of 2023 MODERN WIC Act of 2023 2. Redefining presence at certification (a) In general Section 17(d)(3) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3) (C) Presence for certain determinations and evaluations (i) In general Each individual seeking certification, recertification, or a nutritional risk evaluation for participation in the program authorized under this section shall be provided an appointment that is, at the option of the individual, through any of the following formats: (I) In person. (II) By telephone. (III) Through video technology that permits 2-way, real-time interactive communications. (IV) Through other formats that permit 2-way, real-time interactive communications, as determined by the Secretary. (ii) ADA compliance Any format made available for an appointment under clause (i) shall be accessible to an individual in accordance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 794 (iii) Nutritional risk evaluations for remote certification If an individual certifies for participation in the program under clause (i) through a format other than in-person, the State agency shall— (I) plan to collect the anthropometric data necessary to evaluate the nutritional risk of that individual within 30 days of the appointment; and (II) collect such data not later than 90 days after the appointment. (iv) Interim eligibility for nutritional risk (I) In general A State agency may— (aa) consider an applicant who meets the income eligibility standards under this section to be temporarily eligible on an interim basis to participate in the program authorized under this section; and (bb) temporarily certify that individual for participation in the program immediately, without delaying temporary certification until a nutritional risk evaluation is carried out. (II) Timing for nutritional risk evaluation A nutritional risk evaluation for an individual temporarily certified pursuant to subclause (I) shall be completed not later than 90 days after the date of temporary certification of the individual. (III) Termination of temporary certification The temporary certification of an individual certified pursuant to subclause (I) shall terminate on the earliest of— (aa) 91 days after the date of temporary certification if the State agency does not collect data on the individual pursuant to clause (iii); and (bb) the date of a determination by the State agency that the individual does not meet the nutritional risk criteria. . (b) Technical amendment Section 17(d)(3) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3) 3. Remote benefit issuance (a) In general Section 17(f)(6)(B) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(6)(B) (1) in the third sentence— (A) by striking vouchers by mail food instruments by mail, remote issuance, or other means (B) by striking The Secretary (iii) Disapproval of State plan The Secretary ; (2) in the second sentence— (A) by striking vouchers by mail in its plan food instruments by mail, remote issuance, or other means in the State plan (B) by striking The State (ii) State plan The State ; and (3) by striking (B) State agencies to obtain vouchers. (B) Delivery of food instruments (i) In general State agencies may provide for the delivery of food instruments, including electronic benefit transfer cards, to any participant through means that do not require the participant to travel to the local agency to obtain the food instruments, such as through mailing or remote issuance. . (b) Regulations The Secretary of Agriculture shall revise section 246.12(r) of title 7, Code of Federal Regulations, by striking paragraph (4). 4. Report to Congress (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report on the use of remote technologies under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 program (b) Content of report The report submitted under subsection (a) shall include a description of— (1) the use of remote technologies and other digital tools, including video, telephone, and online platforms— (A) to certify eligible individuals for program services; and (B) to provide nutrition education and breastfeeding support to program participants; (2) the impact of remote technologies, including video, telephone, and online platforms, on certifications, appointments, and participant satisfaction under the program; and (3) best practices— (A) to certify program participants for program services using remote technologies; (B) to incorporate the use of digital tools into the program certification process; (C) to integrate nutrition education and breastfeeding support services for program participants into remote technologies and platforms; and (D) to securely manage program participant data.

Summary: More Options to Develop and Enhance Remote Nutrition in WIC Act of 2023 or the MODERN WIC Act of 2023 This bill permanently allows individuals to remotely certify their eligibility for, and receive benefits through, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Specifically, the bill allows an individual seeking a WIC certification, recertification, or a nutritional risk evaluation to do so by phone or through video teleconference, in addition to the in-person option. The bill also allows states to provide benefits on WIC electronic benefit transfer cards through mail or remote issuance instead of requiring participants to pick up or reload benefits in person at a WIC office. Further, the Department of Agriculture must report to Congress about the use of remote technologies and other digital tools in the WIC program. Under current law, individuals are generally required to be physically present to certify their WIC eligibility and receive benefits, with exceptions. The Food and Nutrition Service has temporarily waived these requirements and allowed remote certification and benefits using authorities that were originally provided by laws that were enacted to address the COVID-19 pandemic.