An Act To Clarify the Authority of the Department of Health and Human Services To Impose Administrative Sanctions upon Vendors, Providers and Participants in the Women, Infants and Children Special Supplemental Food Program
Maine Legislature, Session 125, LD 1626
Committee: Health and Human Services
Sponsors: McCORMICK, STRANG BURGESS
Amends: 22 MRSA §1951, 22 MRSA §3107

Legislative Document 
No. 1626 
S.P. 536 
In Senate, December 20, 2011 
An Act To Clarify the Authority of the Department of Health and 
Human Services To Impose Administrative Sanctions upon 
Vendors, Providers and Participants in the Women, Infants and 
Children Special Supplemental Food Program 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2011.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator McCORMICK of Kennebec. 
Cosponsored by Representative STRANG BURGESS of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1951 is amended to read: 
§1951.  Health improvement program 
The department, through its Bureau of Health, is authorized to administer a program 
to extend and improve its services for promoting the health of mothers and children, 
especially in rural areas and in areas suffering from severe economic distress. Nothing in 
this This chapter shall may not be construed as authorizing any public official, agent or 
representative, in carrying out said this chapter, to take charge of any child over the 
objections of either the father or the mother of such that child, or of the person standing in 
loco parentis to such that child, except pursuant to a proper court order.  
Sec. 2.  22 MRSA §3107, as enacted by PL 1989, c. 777, is repealed and the 
following enacted in its place: 
§3107.  Women, Infants and Children Special Supplemental Food Program vendor, 
provider and participant penalties 
The department, as part of its administration of the Women, Infants and Children 
Special Supplemental Food Program of the federal Child Nutrition Act of 1966, referred 
to in this section as "the program," shall adopt rules defining prohibited conduct under the 
program and establishing penalties for such conduct and as necessary to implement this 
section.  After providing an opportunity for a hearing in accordance with Title 5, chapter 
375, subchapter 4 and 7 Code of Federal Regulations, Section 246.18 and making a 
determination that the affected party has violated a provision of the program, including 
rules that apply to the program, the department may: 
1.  Vendors.  Assess and impose a fine or penalty against a vendor under the 
program; 
2.  Providers.  Disqualify a local agency provider under the program; or 
3.  Participants.  Require repayment of benefits made under the program to a 
participant or disqualify a participant from program benefits. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill clarifies that the Department of Health and Human Services has the 
authority to impose fines or penalties upon Women, Infants and Children Special 
Supplemental Food Program vendors, disqualify local agency providers and require 
repayment from participants or disqualify participants from program benefits for violation 
of program laws or rules.  This authority is consistent with federal statutes and 
regulations.  The department is required to adopt routine technical rules to define 
prohibited conduct and to establish penalties for such conduct.