reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VII - Emergency Medical Services › Subpart B - Matters Anciliary to Emergency Medical Services Systems › Chapter 1051 - OUT-OF-HOSPITAL DO-NOT-RECUSCITATE ORDERS › EMS PROVIDER RESPONSIBILITIES › Section 1051.51 - Implementation of out-of-hospital DNR order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Display of order, bracelet or
					 necklace
. An EMS provider may not provide CPR to a patient who is
					 experiencing cardiac or respiratory arrest if an out-of-hospital DNR order,
					 bracelet or necklace is displayed with the patient or the patient's surrogate
					 presents the EMS provider with an out-of-hospital DNR order for the patient,
					 and neither the patient nor the patient's surrogate acts to revoke the order at
					 that time. When an EMS provider observes an out-of-hospital DNR order without
					 also observing an out-of-hospital DNR bracelet or necklace, the EMS provider
					 shall implement the out-of-hospital DNR order only if it contains original
					 signatures.
(b)
Discovery
					 after CPR initiated
. If after initiating CPR an EMS provider becomes
					 aware of an out-of-hospital DNR order that is effective under subsection (a),
					 the EMS provider shall discontinue CPR.
(c)
Prehospital practitioner
					 uncertainty
. If a prehospital practitioner is uncertain as to whether
					 an out-of-hospital DNR order has been revoked for a patient who is experiencing
					 cardiac or respiratory arrest, the prehospital practitioner shall provide CPR
					 to the patient subject to the following:
(1)
					 If the prehospital practitioner is in contact with a medical command physician
					 prior to initiating CPR, the prehospital practitioner shall initiate or not
					 initiate CPR as directed by the medical command physician.
(2) If the prehospital practitioner is in
					 contact with a medical command physician after initiating CPR, the prehospital
					 practitioner shall continue or not continue CPR as directed by the medical
					 command physician.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VII - Emergency Medical Services › Subpart B - Matters Anciliary to Emergency Medical Services Systems › Chapter 1051 - OUT-OF-HOSPITAL DO-NOT-RECUSCITATE ORDERS › EMS PROVIDER RESPONSIBILITIES › Section 1051.52 - Procedure when both advance directive and out-of-hospital DNR order are present

Current through Register Vol. 54, No. 28, July 13, 2024
If a patient with cardiac or respiratory arrest has both
						an advance directive directing that no CPR be provided and an out-of-hospital
						DNR order, an EMS provider shall comply with the out-of-hospital DNR order as
						set forth in §
											1051.51 (relating to
						implementation of an out-of-hospital DNR order).
This section cited in 28 Pa. Code §
													1051.101 (relating to recognition
						  of other states' out-of-hospital DNR
						  orders).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VII - Emergency Medical Services › Subpart B - Matters Anciliary to Emergency Medical Services Systems › Chapter 1051 - OUT-OF-HOSPITAL DO-NOT-RECUSCITATE ORDERS › PREGNANT PATIENTS › Section 1051.61 - Pregnant patients

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding the existence of an order or direction to
						the contrary, life-sustaining treatment, CPR, nutrition and hydration shall be
						provided to a pregnant patient by a health care provider unless, to a
						reasonable degree of medical certainty as certified on the patient's medical
						record by the patient's attending physician and a second physician who is an
						obstetrician who has examined the patient, life-sustaining treatment, nutrition
						and hydration will have one of the following consequences:
(1) They will not maintain the pregnant
					 patient in such a way as to permit the continuing development and live birth of
					 the unborn child.
(2) They will be
					 physically harmful to the pregnant patient.
(3) They will cause pain to the pregnant
					 patient which cannot be alleviated by medication.
This section cited in 28 Pa. Code §
													1051.23 (relating to disclosures
						  to patient requesting out-of-hospital DNR order); 28 Pa. Code §
													1051.24 (relating to disclosures
						  to surrogate requesting out-of-hospital DNR order); and 28 Pa. Code §
													1051.101 (relating to recognition
						  of other states' out-of-hospital DNR
						  orders).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VII - Emergency Medical Services › Subpart B - Matters Anciliary to Emergency Medical Services Systems › Chapter 1051 - OUT-OF-HOSPITAL DO-NOT-RECUSCITATE ORDERS › ORDERS, BRACELETS AND NECKLACES FROM OTHER STATES › Section 1051.101 - Recognition of other states' out-of-hospital DNR orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Validity of orders, bracelets and
					 necklaces from other states.
An out-of-hospital DNR order, bracelet or
					 necklace valid in a state other than this Commonwealth is effective in this
					 Commonwealth to the extent the order, bracelet or necklace is consistent with
					 the laws of this Commonwealth.
(b)
Department acceptance.
The Department will review the
					 applicable laws of other states, and the out-of-hospital DNR orders, bracelets
					 and necklaces provided in other states, and list in a notice in the
Pennsylvania Bulletin
The states that provide out-of-hospital
					 DNR orders, bracelets and necklaces that are consistent with the laws of the
					 Commonwealth. The notice will also include, for each state listed, a
					 description of the out-of-hospital DNR order, bracelet and necklace the state
					 issues consistent with the laws of the Commonwealth. The Department will update
					 the list and descriptions, as needed, in a superseding notice in the
Pennsylvania Bulletin
.
(c)
Compliance by EMS
					 providers.
An EMS provider shall comply with §§
											1051.51,
					 1051.52,
					 1051.61 and
					 1051.81 when encountering a
					 patient with an apparently valid out-of-hospital DNR order, bracelet or
					 necklace issued by another state listed in a notice in the
Pennsylvania
					 Bulletin
issued under subsection (b).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1101 - GENERAL PROVISIONS › Section 1101.1 - Background and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background
. Through an amendment to section 17 of the Child
				Nutrition Act of 1966 (42
				U.S.C.A. §
										1786), Congress has
				authorized the USDA-FNS to contract with state agencies for the establishment
				of the WIC Program. The USDA-FNS contracts with and makes funds available to
				the Department to administer the WIC Program in this Commonwealth.
(1) The purpose of the WIC Program is to
				provide allowable foods to income eligible pregnant, breast-feeding or
				postpartum women, infants and children up to 5 years of age, who are at
				nutritional risk because of medical problems or poor diets. The WIC Program
				provides these individuals with nutritious foods to supplement their diets
				during critical stages of growth and development. These foods are chosen to
				correct, prevent or minimize health and nutritional problems. The foods are not
				intended to be a complete diet, but, rather, to supplement other foods
				available to the participants.
(2)
				In addition to providing supplemental foods, the WIC Program refers applicants
				and participants to health services and offers nutrition education so that the
				food will be properly used and will improve the dietary and health habits of
				the entire family. The Department uses a retail purchase system to provide the
				majority of food benefits to participants.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1101 - GENERAL PROVISIONS › Section 1101.3 - Administration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Department responsibilities
. The Department will develop
				policies and procedures for the operation of the WIC Program, distribute funds
				to local agencies to assist the Department in operating the WIC Program,
				authorize stores to participate in the WIC Program, monitor and evaluate WIC
				Program services provided by WIC authorized stores, maintain fiscal records,
				submit reports and carry out all other responsibilities delegated to it by the
				USDA-FNS for the operation of the WIC Program.
(b)
Vendor Advisory
				Workgroup
. The Department will form a Vendor Advisory Workgroup with
				representation from the retail store community, appropriate advocacy groups and
				associations for retail stores and participants, and from the State and local
				agencies. The Department will schedule at least two meetings of the Vendor
				Advisory Workgroup annually to review and discuss retail store and food
				delivery issues. The Vendor Advisory Workgroup shall function in an advisory
				capacity only; acceptance of Workgroup recommendations shall be at the
				discretion of the Department.
(c)
Local agency responsibilities
. Local agencies shall determine
				whether participants meet eligibility criteria developed by the Department,
				develop food prescriptions for participants, provide nutrition education to
				participants, provide referral information regarding ongoing health services,
				issue WIC checks to participants to purchase allowable foods and ensure that
				all participants are served without discrimination. Local agencies shall
				function as representatives of the Department in conducting onsite reviews, and
				in monitoring the activities of WIC authorized stores.
The provisions of this §
											1101.3 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1103 - AUTHORIZATION OF STORES › Section 1103.2 - Probationary authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Criteria for probationary authorization
. If during the onsite
				review, the store fails to meet selection criteria in §
									1103.4(3), (4), (5), (6), (7) or
				(8) (relating to selection criteria for
				authorization and reauthorization), the Department will grant probationary
				authorization to the store for a period not to exceed 6 months when either of
				the following applies:
(1) Inadequate
				participant access would occur if the store is not authorized or
				reauthorized.
(2) A store is
				reviewed prior to opening to the public and the store has not yet stocked its
				dairy section or its frozen juice section.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1103 - AUTHORIZATION OF STORES › Section 1103.3 - Temporary authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Failure to meet selection criteria during onsite review
. If a
				WIC authorized store that applies for reauthorization fails to meet one or more
				of the selection criteria in §
									1103.4 (relating to selection
				criteria for authorization and reauthorization) during the announced onsite
				review, the store may request temporary authorization, except that a store that
				fails to meet the price and minimum inventory requirements of §
									1103.4(5) shall
				be ineligible for temporary authorization. A store that is a high risk store or
				the subject of an ongoing compliance investigation also shall be ineligible for
				temporary authorization.
(b)
Conditions of temporary authorization
. Temporary authorization
				shall be conditioned upon the following:
(1)
				The Department will conduct a second announced onsite review during the
				temporary authorization period to determine whether the store is in compliance
				with the selection criteria in §
										1103.4. The Department will grant
				reauthorization if the store meets all selection criteria during this review.
				The Department will rescind temporary authorization and deny the store's
				application for reauthorization if the store fails to meet one or more of the
				selection criteria during the second review.
(2) If the Department rescinds the temporary
				authorization of a store, the store is eligible to apply for authorization 1
				year after the date of the first onsite review that was conducted following the
				Department's receipt of the store's application for reauthorization.
(3) The Department will reduce by 10% the
				maximum allowable prices for foods authorized for purchase on WIC checks the
				store redeems for WIC transactions that occur during the first 90 days of the
				temporary authorization period.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1103 - AUTHORIZATION OF STORES › Section 1103.5 - Minimum inventory

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Minimum inventory requirements
.
(1) The Department will adopt minimum
				inventory requirements and their effective dates, for the following WIC
				allowable foods:
(i) Contract brand infant
				formula.
(ii) Milk.
(iii) Natural domestic cheese.
(iv) Grade "A" eggs.
(v) Juice.
(vi) Cereal.
(vii) Peanut butter.
(viii) Dried peas and beans.
(ix) Tuna.
(x) Carrots.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1103 - AUTHORIZATION OF STORES › Section 1103.7 - Inadequate participant access

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The Department will consider whether there is inadequate participant access
				when considering whether to place a store on probation, rather than deny
				authorization or reauthorization, for failure to meet selection criteria in
				§
									1103.4 (relating to selection
				criteria for authorization and reauthorization) during the onsite
				review.
(b) The Department may
				consider whether there is inadequate participant access when deciding whether
				to impose a civil money penalty in lieu of disqualification under §
									1107.1 (relating to imposition of
				sanctions).
(c) Inadequate
				participant access is any of the following:
(1) Ten or more participants whose specific
				nationality, ethnicity or religious dietary needs can not be served properly by
				another WIC authorized store located in accordance with one of the following:
(i) Less than 3 miles of the store for
				counties with participant density less than 25 participants per square
				mile.
(ii) Less than 2 miles of the
				store for counties with participant density of 25 to 100 participants per
				square mile.
(iii) Less than 1 mile
				of the store for counties with participant density greater than 100
				participants per square mile.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1103 - AUTHORIZATION OF STORES › Section 1103.8 - Store peer group system

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department will establish a store peer group system, including distinct
				competitive pricing criteria and allowable reimbursement levels for each peer
				group.
(b) The Department will
				create peer groups based upon at least two criteria selected by the Department.
				These criteria may include the size of a store sales floor, number of cash
				registers in the store, number of stores owned, and a measure of geography,
				such as metropolitan or other statistical areas that form distinct labor and
				product markets. The Department will annually publish the peer group selection
				criteria in the
Pennsylvania Bulletin
.
(c) The Department will place a store seeking
				authorization into an appropriate peer group based upon information gathered
				from the store's application as completed by the store and returned to the
				local agency in accordance with §
									1103.1(b)(1)
				(relating to authorization and reauthorization process and requirements). The
				Department will notify a store of its peer group classification prior to
				conducting an onsite review under §
									1103.1(b)(5). A
				WIC authorized store seeking reauthorization shall remain in the peer group
				previously selected for the store unless otherwise notified by the
				Department.
(d) A WIC authorized
				store shall adhere to the competitive prices and maximum allowable prices
				applicable to the store's peer group.
(e) A WIC authorized store shall inform the
				Department of any store changes applicable to the peer group selection criteria
				in effect.
The provisions of this §
											1103.8 adopted under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1105 - REQUIREMENTS FOR WIC AUTHORIZED STORES › Section 1105.1 - Training

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initial
				training.
Following authorization, the local agency shall provide
				initial training for the personnel the WIC authorized store designates. The
				training shall be mandatory and shall occur within 30 days after the date of
				authorization. A store receiving authorization may not accept WIC checks prior
				to having its designated personnel attend the initial mandatory
				training.
(b)
Annual
				training.
The Department will provide for WIC authorized stores annual
				training which is designed to prevent WIC Program errors and abuses and to
				improve WIC Program services. The following apply to annual training:
(1) A WIC authorized store shall ensure that
				at least one representative from the store who is responsible for training
				store personnel on the WIC Program shall attend.
(2) Attendance is mandatory.
(3) The Department will offer each WIC
				authorized store two opportunities to attend.
(4) The Department will ensure that annual
				training is offered to a WIC authorized store either within the county in which
				it is located or in an adjoining county within the appropriate local agency's
				jurisdiction.
(5) Failure to have
				at least one representative attend training shall result in the Department
				imposing sanctions against the WIC authorized store under § 1107.
				1a(d)(15) (relating to disqualifications).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1105 - REQUIREMENTS FOR WIC AUTHORIZED STORES › Section 1105.2 - Price adjustment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Determination of overpayment.
In each calendar quarter, the
				Department will compare the maximum amount for which a WIC authorized store
				could have redeemed a WIC check, based upon the maximum allowable prices
				applicable to the store's peer group for foods authorized for purchase on the
				check, against the actual amount for which the WIC check was redeemed, to
				determine whether there was an overpayment.
(b)
Pursuit of
				reimbursement.
The Department will seek reimbursements from a WIC
				authorized store when the price comparison reveals overpayments to the store in
				excess of $10 in a calendar quarter.
(c)
Reimbursement of
				overpayments.
A WIC authorized store shall reimburse the Department
				for overpayments within 20-calendar days of the date on the Department's notice
				of the overpayment, unless the WIC authorized store disputes the determination
				of overpayment.
(d)
Dispute
				of overpayments.
A WIC authorized store that disputes a determination
				of overpayment shall submit the basis for its dispute in writing to the
				Department, postmarked within 15-calendar days of the date on the Department's
				notice. Reimbursement the Department determines is owed shall be due within
				15-calendar days of the mailing date of the Department's notification of its
				resolution of the dispute. The Department's resolution of a dispute regarding
				overpayments is not an adverse action that may be appealed.
(e)
Sanctions.
The
				Department will impose a sanction against a WIC authorized store under §
									1107.1a(d)(11)
				(relating to disqualifications) if the store fails to reimburse the Department
				for an overpayment within the time required under subsections (c) and
				(d).
The provisions of this §
											1105.2 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
This section cited in 28 Pa. Code §
											1113.1 (relating to right to
					 administrative appeal).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1105 - REQUIREMENTS FOR WIC AUTHORIZED STORES › Section 1105.4 - Change of ownership of a WIC authorized store

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A store's status as a WIC authorized
				store is void when a change of ownership of the store occurs.
(b) To allow uninterrupted service to
				participants subsequent to a change of ownership of a WIC authorized store, the
				Department may accept an application for authorization from the prospective new
				owner of the store prior to a change of ownership.
(c) The Department will not accept a store's
				application for authorization if the Department determines that the store
				submitting the application, either under prior ownership or in a previous
				location, was disqualified and the purpose of the relocation or sale of the
				store was to avoid a disqualification.
The provisions of this §
											1105.4 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1105 - REQUIREMENTS FOR WIC AUTHORIZED STORES › Section 1105.5 - Changes in availability or location of WIC authorized stores

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notification of store closing.
A WIC authorized store shall
				notify the Department at least 15 days prior to a temporary or permanent
				closing of the store, and provide the reason for closing and the expected
				duration of a temporary closing, if it has at least 15 days prior knowledge.
				Otherwise, it shall provide this information to the Department immediately
				after it acquires the information.
(b)
Temporary store closing.
The Department may permit a WIC authorized store to temporarily close for
				reasons such as a natural disaster, death in immediate family or personal
				illness, without imposing a sanction against the store. In making a
				determination to permit a temporary closure, as well as the length of time of
				the closure, the Department will consider circumstances such as the nature of
				the disaster, number of WIC authorized stores affected by the disaster, nature
				and expected duration of illness, length of closing anticipated by the WIC
				authorized store, number of and distance to other WIC authorized stores, number
				of participants served by the store, or any other information that the
				Department may determine to be relevant.
(c)
Store closing for
				remodeling.
(1) A WIC authorized
				store that closes for less than 15 days for remodeling shall continue as a WIC
				authorized store if it notifies the Department at least 15-calendar days prior
				to the day the store closes for remodeling.
(2) A WIC authorized store that closes in
				excess of 15 store operation days for remodeling, shall automatically lose its
				status as a WIC authorized store and shall apply for and secure authorization
				before it may again serve as a WIC authorized store.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1105 - REQUIREMENTS FOR WIC AUTHORIZED STORES › Section 1105.6 - Monitoring of WIC authorized stores

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose and types of monitoring
				of WIC authorized stores.
(1)
				Federal, State or local representatives will conduct announced and unannounced
				onsite reviews of WIC authorized stores to determine compliance with applicable
				Federal and State regulations, and to investigate complaints regarding a store.
				The types of onsite reviews that may be conducted for monitoring purposes are
				compliance investigations, inventory audits, routine reviews and WIC
				transaction reviews. The monitoring process, to determine compliance with
				applicable Federal and State regulations, operates independently of the
				authorization process and may overlap more than one authorization
				period.
(2) The Department will
				conduct an annual analysis of a WIC authorized store's sales data to determine
				whether the store qualifies as an above-50-percent-store, except that stores
				solely owned or operated by nonprofit entities shall not be subject to this
				annual analysis.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1107 - SANCTIONS › Section 1107.1a - Disqualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permanent disqualification
. The Department will permanently
				disqualify a WIC authorized store convicted of trafficking in WIC checks or
				selling firearms, ammunition, explosives or controlled substances (as defined
				in section 102 of the Controlled Substances Act (21 U.S.C.A. §
										802) ) in exchange for WIC checks. The
				Department will not compensate the store for revenues lost as a result of the
				violation.
(b)
Six-year
				disqualification
. The Department will disqualify a WIC authorized
				store for 6 years for either of the following:
(1) One incidence of buying or selling WIC
				checks for cash (trafficking).
(2)
				One incidence of selling firearms, ammunition, explosives, or controlled
				substances as defined in section 102 of the Controlled Substances Act, in
				exchange for WIC checks.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1107 - SANCTIONS › Section 1107.2 - Civil money penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Option available in lieu of a disqualification or denial of
				reauthorization.
The Department may offer to a WIC authorized store
				the option of paying a civil money penalty in lieu of a denial of
				reauthorization or a disqualification required under §
									1107.1 (relating to imposition of
				sanctions), only if the Department finds inadequate participant access as set
				forth in §
									1103.7 (relating to inadequate
				participant access). The Department will not provide this option for third or
				subsequent violations under §
									1107.1a(b)-(d) 
				(relating to disqualifications) or for any permanent disqualifications under
				§ 1107.1a(a).
(b)
Calculation of civil money penalty.
(1) For a civil money penalty in lieu of a
				disqualification under §
										1107.1a(b), (c) or (d)(1) and
				(2), the Department will calculate the civil
				money penalty for each violation identified by multiplying 10% of the average
				monthly total value of WIC checks redeemed for the most recent 6-month period
				by the number of months the store would be disqualified under §
										1107.1. If 6 months of information
				relating to the monthly value of WIC checks redeemed is not available, the
				Department will calculate the monthly average based upon the number of months
				for which information is available.
(2) For a civil money penalty in lieu of
				disqualification under §
										1107.1a(d)(3)-(15),
				the Department will calculate the civil money penalty for each violation
				identified by multiplying 5% of the average monthly total value of WIC checks
				redeemed for the most recent 6-month period by the number of months the store
				would be disqualified under §
										1107.1. For a store to which the
				Department may deny reauthorization and for which this option is available, the
				Department will multiply 5% of the average monthly total value of WIC checks
				for the most recent 6-month period by 6 months to determine the civil money
				penalty to be paid. If 6 months of information relating to the monthly value of
				WIC checks redeemed is not available, the Department will calculate the monthly
				average based upon the number of months for which information is
				available.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1109 - ADMINISTRATIVE APPEALS › Section 1109.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
1 Pa. Code Part II (relating to general rules of
				  administrative practice and procedure) applies to proceedings under this part,
				  except as otherwise provided in this part.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1109 - ADMINISTRATIVE APPEALS › Section 1109.2 - Scope and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
Chapters 1111 and 1113 (relating to applicant and participant
				  appeals; and store appeals) apply to hearings held under
				  42 U.S.C.A. §
										1786(f)(9), regarding the
				  WIC Program. Those chapters supplement the Federal regulations, 7 CFR Part 246
				  (relating to special supplemental nutrition program for women, infants and
				  children) governing hearings afforded under this part to applicants,
				  participants, and stores, and supplement or supersede regulations in 1 Pa. Code
				  Part II (relating to General Rules of Administrative Practice and Procedure)
				  when their application would be inappropriate or inadequate.
The provisions of this §
											1109.2 amended under section
					 2102(g) of The Administrative Code of 1929 (71 P. S. §
												532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1109 - ADMINISTRATIVE APPEALS › Section 1109.3 - Time limits for action

Current through Register Vol. 54, No. 28, July 13, 2024
Time limits in §§
									1111.10(d) and
				  1113.3(b) 
				  (relating to hearing examiner decisions; and adjudication and order) are
				  directory.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.1 - Applicant and participant appeal rights

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to applicants, participants and their
				  authorized representatives, in pursuing appeals from decisions that adversely
				  impact upon the participation of applicants and participants in the WIC
				  Program.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.2 - Notification of appeal rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
				the time of the denial of an application to become a participant, removal from
				the WIC Program as a participant, or placement on a waiting list to become a
				participant, the local agency shall inform in writing the adult applicant or
				participant, or the parent or guardian of a child or infant applicant or
				participant, of the right to appeal the decision, of the method by which an
				appeal may be filed, and that any positions or arguments on behalf of the
				applicant or participant may be presented personally or by an authorized
				representative, such as a relative, friend, legal counsel or other
				spokesperson. The expiration of the participant's certification period occurs
				automatically and is not appealable.
(b) The local agency shall use forms provided
				by the Department to provide notice of appeal rights to the adult applicant or
				participant, or the parent or guardian of an infant or child applicant or
				participant.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.3 - Appeal of a local agency decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An appeal is any clear expression by the
				applicant, participant or authorized representative, that the decision of the
				local agency is contested and that an opportunity to challenge the decision and
				to present the case of the applicant or participant to a higher authority is
				desired. The Department or local agency will not limit or interfere with the
				freedom of the applicant, participant or authorized representative to appeal
				the decision and will provide whatever assistance is necessary to reduce an
				oral appeal to writing.
(b) When an
				appeal is made orally, the local agency shall docket it as being filed when the
				local agency receives the oral communication.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.4 - Time for appeal of a local agency decision

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant, participant or authorized representative shall
				  appeal within 90 days after the date the local agency mails or delivers to the
				  adult applicant or participant, or parent or guardian of an infant or child
				  applicant or participant, written notice of the action to deny or terminate
				  benefits under the WIC Program. An appeal is timely filed if it is received by
				  the local agency within the 90-day period.
This section cited in 28 Pa. Code §
											1111.6 (relating to denial or
					 dismissal of appeal).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.5 - Scheduling the hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appointment of a hearing examiner.
The local agency shall
				appoint a hearing examiner to preside over the appeal. The hearing examiner
				shall be an impartial official who does not have a personal stake or
				involvement in the decision, and who was not directly involved in the action
				being contested.
(b)
Notification of the appeal.
The local agency shall notify the
				hearing examiner of the appeal and the date on which it was docketed.
(c)
Time frame for scheduling a
				hearing.
The hearing examiner shall schedule the hearing within 3
				weeks from the docketed date of the appeal. The hearing examiner shall provide
				the appellant participant or authorized representative with a minimum of 10
				days advance written notice of the time and place of the hearing.
(d)
Standards for scheduling the
				hearing.
The hearing examiner shall use the following standards in
				scheduling a hearing:
(1) The place of the
				hearing may not be further from the residence of the applicant or participant
				than the county seat of the county in which the applicant or participant
				resides. If the county seat is unsuitable due to the health of the applicant or
				participant, transportation problems, convenience of witnesses or for other
				legitimate reasons, an alternative place of hearing shall be a location
				convenient to the home of the applicant or participant.
(2) If the applicant, participant or
				authorized representative wants to postpone the hearing, that individual shall
				contact the hearing examiner, and the local agency and provide them with a
				reason for postponement. If the hearing is postponed by the hearing examiner,
				the hearing examiner shall reschedule it as soon as possible.
(3) An applicant, participant or authorized
				representative may withdraw the appeal at any time before a decision is issued
				by the hearing examiner. This withdrawal shall be in writing and directed to
				the hearing examiner.
(4) If the
				applicant or participant fails to appear at the scheduled hearing in person or
				by authorized representative, without good cause as determined by the hearing
				examiner, the appeal shall be considered abandoned and shall be
				discontinued.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.6 - Denial or dismissal of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The hearing examiner may not deny or dismiss an appeal unless
				  one of the following occurs:
(1) The
				appeal is not received by the local agency within the time limit in §
									1111.4 (relating to time for
				appeal of a local agency decision).
(2) The appeal is withdrawn in writing by the
				applicant, participant or authorized representative.
(3) The applicant, participant or authorized
				representative fails, without good cause, to appear at the scheduled
				hearing.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.7 - Continuation of benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If at any
				time during a participant's certification period, the local agency finds the
				participant to be ineligible to continue enrollment in the WIC Program, the
				local agency shall advise the participant in writing not less than 15 days
				before termination of the reason for ineligibility and of the right to appeal.
				If an appeal is received within 15 days after service of the notice of
				ineligibility, benefits shall continue until the hearing examiner reaches a
				decision or the certification period expires, whichever occurs first.
(b) An applicant denied initial enrollment,
				or an authorized representative of the applicant, may appeal the denial, but
				the applicant may not receive benefits while awaiting disposition of the
				appeal.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.8 - Rights of the appellant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an
				appeal is filed, the local agency shall inform the applicant or participant
				denied benefits, or an authorized representative, of the rights set forth in
				subsection (b).
(b) An applicant or
				participant who files an appeal, or on whose behalf the appeal is filed, has
				the following rights:
(1) To appear in person
				at the hearing.
(2) To represent
				himself, or to be represented by an authorized representative such as an
				attorney, friend or other person at the hearing.
(3) To receive an explanation that he may
				contact the local bar association for assistance in locating legal
				services.
(4) To present oral or
				documentary evidence, witnesses and arguments to support the position of the
				applicant or participant in accordance with procedures established by the
				hearing examiner.
(5) To request a
				subpoena from the hearing examiner for the production of evidence or witnesses
				that the applicant, participant or authorized representative, determines are
				important to establish necessary facts
(6) To request that the local agency provide
				an interpreter at the hearing if an adult applicant or participant, or the
				parent or guardian of an infant or child applicant or participant, does not
				understand English or is hearing impaired.
(7) To examine upon request, both before and
				during the hearing, the materials which the Department or local agency has on
				file relative to the case which are not confidential.
(8) To be provided with the names of the
				local agency staff members and witnesses who will be present at the
				hearing.
(9) To question or refute
				any testimony or other evidence presented against the applicant or participant
				and to confront and cross-examine adverse witnesses.
(10) To examine, prior to and during the
				hearing, documents and records that will be presented to support the decision
				under appeal.
(11) To further
				appeal the final decision of the hearing examiner to the Secretary within 15
				days of the mailing date of the hearing examiner's decision.
(12) To appeal the adjudication and order of
				the Secretary or agency head designated by the Secretary to the Commonwealth
				Court within 30 days of the mailing date of the adjudication and
				order.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.9 - Hearing record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Contents of the record.
The verbatim transcript or recording
				of testimony and exhibits, or an official report containing the substance of
				what transpired at the hearing, together with all papers and requests filed in
				the proceeding, shall constitute the hearing record. This record shall be
				available to the applicant, participant or authorized representative, for
				copying and inspection at any reasonable time
(b)
Retention of the record.
This record shall be retained for 3 years.
(c)
Public inspection of the
				record.
Department and local agency hearing records and decisions
				shall be available for public inspection and copying, provided the names and
				addresses of participants and other members of the public are kept
				confidential.
(d)
Supersession.
Subsection (a) supersedes 1 Pa. Code §
									35.131 (relating to recording of
				proceedings).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.10 - Hearing examiner decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The hearing examiner shall render a decision based exclusively on the evidence
				contained in the hearing record.
(b) The decision of the hearing examiner
				shall comply with applicable Federal law, and Federal and State
				regulations.
(c) A decision by the
				hearing examiner shall summarize the facts of the case, specify the reasons for
				the decision, and identify the supporting evidence and the pertinent
				regulations or policy. The decision shall become a part of the record. A
				decision adverse to the position of the local agency shall be binding on the
				local agency.
(d) Within 45 days
				after the filing date of the appeal, the hearing examiner shall provide the
				applicant, participant, or authorized representative, and the local agency, a
				copy of the hearing examiner's decision.
(e) If the decision of the hearing examiner
				is in favor of the applicant or participant and benefits had been denied or
				discontinued, the local agency shall begin or resume providing benefits
				immediately upon the mailing date of the decision.
(f) If the decision is in favor of the local
				agency, the notice accompanying the decision of the hearing examiner to the
				applicant, participant or authorized representative shall include notice of the
				right to appeal to the Secretary. Immediately upon the date of the hearing
				examiner's decision, the local agency shall discontinue providing any benefits
				which had been continued pending issuance of the hearing examiner's
				decision.
(g) Subsection (a)
				supersedes 1 Pa. Code §
									35.201 (relating to certification
				of record without proposed report).
This section cited in 28 Pa. Code §
											1109.3 (relating to time limits
					 for action).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.11 - Appeal to the Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
If the applicant, participant or authorized representative,
				  chooses to appeal the decision of the hearing examiner, that individual shall
				  file a written appeal with the Secretary within 15 days of the mailing date of
				  the decision of the hearing examiner. The appeal shall contain a statement of
				  reasons for reversing the decision of the hearing examiner. If the appeal asks
				  for permission to present additional evidence, it shall:
(1) Identify the additional
				evidence.
(2) Explain why it was
				not previously introduced.
(3)
				Explain its materiality unless it is obvious.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.12 - Adjudication and order procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				In reaching a decision on the appeal, the Secretary or an agency head
				designated by the Secretary may:
(1)
				Reconsider the decision on the basis of the evidence in the record.
(2) Admit additional evidence.
(3) Order a new hearing.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1111 - APPLICANT AND PARTICIPANT APPEALS › Section 1111.13 - Judicial review

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary or designated agency head will issue an
				  adjudication and order after considering the appeal. If the adjudication and
				  order is adverse to the interest of the applicant or participant, the
				  adjudication and order shall state, or be accompanied by a notice stating, that
				  the applicant or participant has the right to appeal the adjudication and order
				  to Commonwealth Court within 30 days after the mailing of the adjudication and
				  order.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part VIII - Supplemental Nutrition Program for Women, Infants and Children (WIC Program) › Chapter 1113 - STORE APPEALS › Section 1113.1 - Right to administrative appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A store has the right to appeal an
				adverse action of the Division of WIC that affects the store's participation in
				the WIC Program as a WIC authorized store. Adverse actions include:
(1) Termination of authorization or
				reauthorization in accordance with §
										1103.1(d)
				(relating to authorization and reauthorization process and
				requirements).
(2) Denial of an
				application for authorization or reauthorization.
(3) Refusal to accept an application for
				authorization or reauthorization.