Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-200 - Program abuse and sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The state agency determines program abuse and sanctions that may be issued to
				  applicants and participants. When more than one abuse is involved at a time,
				  the sanction shall be based on the more serious abuse.
B. If an abuse occurs more than 12 months
				  after the last abuse, the local agency shall process the abuse as a first
				  offense.
C. When more than three
				  abuses in a 12-month period occur, the local agency shall issue a three-month
				  temporary disqualification.
D.
				  Program abuses and assigned sanctions are as follows:
Abuse
Number of Offenses
Sanction
Class I
Any deliberate misrepresentation of income, name,
								residence, family size, medical data, or date of birth to obtain WIC
								benefits
All
Three-month disqualification
Dual participation - redeeming food instruments
								from two programs or agencies in same month
All
One-year disqualification
Assessed claim for $100 or more
All
One-year disqualification
Assessed second or subsequent claim for any
								amount
2nd or subsequent
One-year disqualification
Attempting to steal or actually stealing food
								instruments from the local agency or another participant
All
Three-month disqualification
Selling, exchanging or giving away food
								instruments, food, or formula
All
Three-month disqualification
Redeeming WIC food instruments reported as lost or
								stolen
All
Three-month disqualification
Attempting to redeem or redeeming WIC food
								instruments for nonfood items (i.e., diapers, wine, cigarettes)
All
Three-month disqualification
Physically abusing the WIC or retailer staff (An
								incidence of physical abuse of WIC or retailerstaff or properties should be
								reported to the police)
All
Three-month disqualification
Accepting cash or credit from a retailer in
								connection with a WIC transaction
1st
One-month disqualification
2nd
Two-month disqualification
3rd
Three-month disqualification
Class II
Creating a public nuisance at the local agency or
								the retailer (i.e., verbally abusing, harassing, or threatening WIC or retailer
								staff, destroying retailer merchandise, or disrupting normal local agency or
								retailer activities)
1st
Warning letter
2nd
Two-month disqualification
3rd
Three-month disqualification
Attempting to redeem or redeeming WIC food
								instruments for unauthorized food, formula, or food amounts
1st
Warning letter
2nd
Two-month disqualification
3rd
Three-month disqualification
Allowing unauthorized persons to use the WIC ID
								Folder to pick-upor redeem WIC food instruments
1st
Warning letter
2nd
Two-month disqualification
3rd
Three-month disqualification
Redeeming WIC food instruments before or after
								valid spend dates
1st
Warning letter
2nd
One-month disqualification
3rd
Two-month disqualification
Attempting to redeem or redeeming food instruments
								at unauthorized retailers
1st
Warning letter
2nd
One-month disqualification
3rd
Two-month disqualification
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.