Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 5 - Department Sanctions › Section 5-2 - Major and minor violations

Current through July 10, 2024
Authority: IC 16-19-3-5; IC 16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 2.
(a) Major
				violations are violations that could result in harm to WIC participants or the
				WIC program. The following are major violations:
(1) Claiming reimbursement for the sale of an
				amount of a specific supplemental food item that exceeds the vendor's
				documented inventory of that supplemental food item for a specific period of
				time.
(2) Submission of false
				information:
(A) on the retail vendor price
				survey; or
(B) during the course of
				inspections of the vendor site.
(3) Receiving, transacting, or redeeming food
				instruments outside of authorized channels, including the use of an
				unauthorized vendor or an unauthorized person, or both.
(4) Charging for a supplemental food not
				received by the participant.
(5)
				Providing credit or nonfood items, other than:
(A) alcohol;
(B) alcoholic beverages;
(C) tobacco products;
(D) cash;
(E) firearms;
(F) ammunition;
(G) explosives; or
(H) controlled substances, as defined in
				21
				U.S.C. 802;
in exchange for food instruments.
(6) Failure to attend a required
				training.
(7) Failure to maintain:
(A) inventory records; or
(B) other records;
the department requires of the vendor.
(8) Providing change when
				redeeming a food instrument.
(9)
				Failure to provide authorized WIC program personnel access to the following:
(A) The business premises.
(B) Any redeemed food instruments on
				hand.
(C) Any other records
				pertaining to vendor participation.
(10) Alteration of a food instrument other
				than a legitimate price or "date used" correction.
(11) Home delivery of WIC
				purchases.
(12) Failure to accept a
				valid food instrument when accompanied by a valid WIC identification
				folder.
(13) Recovery or attempted
				recovery of funds or food from WIC participants.
(14) Failure of a vendor pharmacy to provide
				special formulas as required by
				410 IAC
				3.6-3-4(5).
(15) Failure to compare the signature on the
				food instrument with the signature on the WIC program identification
				card.
(16) Not allowing WIC
				participants to participate in sales promotions or manufacturer's specials or
				refusal to accept coupons when allowed for other customers.
(17) Denial of the purchase of up to the full
				amount of WIC foods authorized on a food instrument if requested by a WIC
				participant.
(18) Selling expired
				infant formula to participants.
(19) Failure to reimburse the department,
				within thirty (30) days of written request, for amounts paid by the department
				to the vendor on improperly redeemed food instruments.
(20) Including sales tax or container
				deposits as part of the actual cost of the authorized food listed on the food
				instrument or requiring the participant to pay the sales tax or container
				deposit.
(21) Requiring cash
				purchases in order to redeem food instruments.
(22) Accepting the return of items purchased
				with a food instrument for cash or credit towards other purchases or exchanges,
				with the exception of exchanges of an identical authorized food item when the
				original food item:
(A) is
				defective;
(B) is spoiled;
				or
(C) has exceeded its:
(i) "sell by" date;
(ii) "best if used by" date; or
(iii) another date;
limiting the sale or use of the item.
(23) Threatening or
				verbally abusing WIC participants or authorized WIC program
				personnel.