Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 18 - WIC Program › Section 902 KAR 18:090 - High risk criteria

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.050,
				194A.505,
				194A.990,
				205.231,
				7
				C.F.R. Part 246, 278.6,
				21
				U.S.C. 802
NECESSITY, FUNCTION, AND CONFORMITY:
				42
				U.S.C. 1786 and 7 C.F.R. Part 246 provide for
				grants for state operation of the Special Supplemental Nutrition Program for
				Women, Infants, and Children (WIC).
				KRS
				194A.050(1) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				as necessary to qualify for the receipt of federal funds. This administrative
				regulation establishes the high risk criteria for contracted retailers with the
				Kentucky Special Supplemental Nutrition Program for Women, Infants and Children
				(WIC).
Section 1. High Risk Criteria.
			 In accordance with
			 7 C.F.R.
			 246.12, high-risk vendors shall be identified
			 at least once each federal fiscal year. The criteria and points established in
			 this section shall be assessed.
(1) A vendor
			 with low variance, as defined by
			 902 KAR
			 18:011, Section 1, shall be assessed five (5) points
			 per quarter.
(2) A vendor who has
			 greater than or equal to twenty (20) percent but less than fifty (50) percent
			 of the vendor's quarterly WIC transactions ending in whole dollar amounts shall
			 be assessed five (5) points per quarter. The transactions shall not include
			 produce and formula.
(3) A vendor
			 who has greater than or equal to fifty (50) percent of the vendor's quarterly
			 WIC transactions ending in whole dollar amounts shall be assessed ten (10)
			 points per quarter. The transactions shall not include produce and
			 formula.
(4) A vendor in which six
			 (6) or more gallons of milk were redeemed in a single transaction, occurring in
			 thirty (30) or more transactions a quarter, shall be assessed five (5) points
			 per quarter.
(5) A vendor with full
			 package redemptions in one (1) transaction occurring in twenty (20) or more
			 transactions per quarter shall be assessed five (5) points per
			 quarter.
(6) A vendor shall be
			 assessed ten (10) points for every overcharge letter unless the overcharge is
			 justified in writing and accepted by the state WIC agency.
(7) A vendor with a lack of inventory, as
			 outlined in the Kentucky WIC Manual for Applying Retailers, incorporated by
			 reference in
			 902 KAR
			 18:050, shall be assessed five (5) points per
			 occurrence during a monitoring visit.
(8) A vendor whose prices for transactions
			 are greater than or equal to ninety (90) percent above the NTE shall be
			 assessed five (5) points per quarter.
(9) A vendor whose percentage of WIC sales to
			 food sales is greater than twenty (20) percent shall be assessed five (5)
			 points for every ten (10) percent increment per federal fiscal year.
(10) A vendor who has redeemed more than
			 $2,000 in transactions per federal fiscal year from out of its contracted
			 agency shall receive one (1) point per federal fiscal year.
(11) A vendor who received a Good Letter with
			 Exceptions shall be assessed five (5) points per letter.