reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-200 - Description of the Child Development Services network

Current through Register Vol. 40, No. 24, July 15, 2024
The Child Development Services is a statewide network of
				  Child Development Clinics that facilitates the availability and accessibility
				  of comprehensive, interdisciplinary developmental services for children and
				  youth suspected to have or diagnosed with developmental, learning, or
				  behavioral disorders.
Statutory Authority
§§ 32.1-12 and 32.1-77 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-210 - Scope and content of the Child Development Services Program

Current through Register Vol. 40, No. 24, July 15, 2024
A. Mission. The
				Child Development Services Program promotes the optimal physical, language,
				cognitive, social, learning, self-help, behavioral, and emotional development
				and well-being of children.
B.
				Scope of services. The child development clinics provide pediatric services in
				the specialty area of developmental and behavioral pediatrics. This health care
				field specializes in the diagnosis and treatment of developmental and
				psychosocial aspects of pediatric health care including developmental disorders
				and emotional, behavioral, and psychosomatic problems.
Services offered at each clinic location may vary according
				  to the needs of the community, expertise of the professional staff, and the
				  overall goals and objectives for the current program.
The Child Development Services network provides the following
				  direct health care services and enabling services:
1. Interdisciplinary evaluations that may
				include a pediatric medical examination, nurse evaluation, psychosocial
				history, psychological assessment, and educational evaluation.
2. Treatment planning that may include the
				evaluation team developing a written report that integrates their findings,
				establishes diagnoses, and formulates recommendations for each
				client.
3. Care
				coordination.
4.
				Consultation.
5. Screenings for
				early identification of persons with developmental disorders.
6. Screening services to assist other
				agencies in their program implementation as may be described in a contract or
				memorandum of agreement.
7.
				Information and referral.
8.
				Intervention services that may include medical, psychosocial, educational, or
				interdisciplinary treatment services.
9. Training and technical assistance for
				community providers.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-220 - Description of the Virginia Bleeding Disorders Program

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia Bleeding Disorders Program supports a statewide
				  network of comprehensive care centers to promote coordinated, family-centered,
				  culturally-competent, multidisciplinary system of care for clients of all ages
				  with inherited bleeding disorders and their families.
Statutory Authority
§§ 32.1-12 and 32.1-77 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-230 - Scope and Content of the Virginia Bleeding Disorders Program

Current through Register Vol. 40, No. 24, July 15, 2024
A. Mission.
				Virginia Bleeding Disorders Program improves the availability and accessibility
				of comprehensive care for clients with inherited bleeding disorders and their
				families.
B. Scope of services. In
				collaboration with a network of comprehensive bleeding disorders clinics in the
				Commonwealth, services are provided by a multidisciplinary team that focuses on
				the physical, emotional, social, educational, financial and workplace impact of
				inherited bleeding disorders. The comprehensive care team collaborates closely
				with the client's primary care provider within their community.
The Virginia Bleeding Disorders Program provides the
				  following enabling services:
1.
				Assistance in accessing comprehensive specialty health care services for
				clients with inherited bleeding disorders and a medical home.
2. Care coordination.
3. Insurance case management that may include
				a comprehensive resource assessment, consultation, and referral of eligible
				individuals to third party payers; education and assistance to individuals
				regarding health care choices relevant to insurance options; procurement of
				grants for the funding of third party medical coverage; and assistance to
				eligible individuals in the health insurance application and enrollment process
				and procurement of the least costly and beneficial medical coverage.
4. Information and referral.
5. Collaboration with the Virginia Department
				of Education and its Education in Hospitals Program to provide consultation for
				families, educators, and school administrators.
6. Transition from child to adult oriented
				health care system.
7.
				Family-to-family support.
8.
				Training and technical assistance for community providers.
9. Promotion of quality assurance and policy
				development through the Hemophilia Advisory Board.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-240 - Bleeding disorders pool of funds

Current through Register Vol. 40, No. 24, July 15, 2024
Based on availability of funds, the Children with Special
				  Health Care Needs Program may choose to administer a bleeding disorders pool of
				  funds for payment of direct medical care services for the uninsured and
				  underinsured clients. The commissioner or his designee may issue a guidance
				  document that interprets these regulations and provides guidance for their
				  implementation. The guidance document for the pool of funds shall include the
				  financial requirements for eligibility as stated in
				  12VAC5-191-70, the policies for
				  authorization of services, and the contractual assurances as noted in this
				  regulation. The guidance document will assure that the funds are allocated to
				  the children with the greatest financial need after all health insurance,
				  federal, state, and community financial resources have been exhausted. At a
				  minimum, the guidance document shall be reviewed at least annually and revised
				  as needed, whenever the regulations are reviewed, and also may be amended or
				  revised as needed to meet changing circumstances.
Statutory Authority
§§ 32.1-12 and 32.1-77 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-250 - Genetics and Newborn Screening Services

Current through Register Vol. 40, No. 24, July 15, 2024
Genetics and Newborn Screening Services works to improve the
				  health of children and families by promoting optimal child development and
				  wellness among children and adolescents .
Genetics and Newborn Screening Services includes the
				  Virginia Newborn Screening System and the Virginia Congenital Anomalies
				  Reporting and Education System.
Statutory Authority: §§ 32.1-12 and 32.1-77 of
					 the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-260 - Scope and content of the Virginia Newborn Screening System

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Virginia
				Newborn Screening System consists of three components:
(i) Virginia Newborn Screening Services ,
(ii) Virginia Early Hearing
				Detection and Intervention Program, and
(iii) Virginia critical congenital heart
				disease screening.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-270 - Description of the Virginia Congenital Anomalies Reporting and Education System

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia Congenital Anomalies Reporting and Education
				  System (VaCARES) is a birth registry of children under two years of age
				  diagnosed with congenital anomalies using data from documents such as birth
				  certificates filed with the State Registrar of Vital Records, hospital medical
				  records, and newborn screening system records. It is both a reporting and an
				  education system.
Statutory Authority
§§ 32.1-12 and 32.1-77 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-280 - Scope and content of the Virginia Congenital Anomalies Reporting and Education System

Current through Register Vol. 40, No. 24, July 15, 2024
A. Mission. The
				Virginia Congenital Anomalies Reporting and Education System promotes the
				evaluation of the possible causes of birth defects, the improvement in the
				diagnosis and treatment of children with birth defects, and the provision of
				information to parents and health professionals about the health resources
				available to aid such children.
B.
				Scope of services. The Virginia Congenital Anomalies Reporting and Education
				System provides the following population-based and enabling services:
1. Identification of children having certain
				birth defects using data from documents such as birth certificates filed with
				the State Registrar of Vital Records, hospital medical records, and newborn
				screening system records.
2.
				Collection of data to evaluate the possible causes of birth defects.
3. Publication of birth defect surveillance
				data.
4. Technical assistance and
				education to health professionals and parents.
5. Referral to Care Connection for Children.
This system is governed by § 32.1-69.1 of the Code of
				  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-290 - Description of the Virginia Sickle Cell Awareness Program

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia Sickle Cell Awareness Program (VASCAP) is a
				  statewide program for the education and screening of individuals for the
				  disease of sickle cell anemia or sickle cell trait and for such other
				  genetically related hemoglobinopathies.
Statutory Authority
§§ 32.1-12 and 32.1-77 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-300 - Scope and content of the Virginia Sickle Cell Awareness Program

Current through Register Vol. 40, No. 24, July 15, 2024
A. Mission. The
				Virginia Sickle Cell Awareness Program promotes awareness and provides access
				to screening and follow-up education for individuals and families identified
				with sickle cell disease and other genetically related
				hemoglobinopathies.
B. Scope of
				services. The Virginia Sickle Cell Awareness Program provides the following
				enabling services in collaboration with local health departments:
1. Assistance for those unable to pay in
				accessing screening that includes screening for the purposes of preconceptual
				counseling, prenatal diagnosis, and the identification of sickle cell disease
				and related hemoglobinopathies in the child and adult.
2. Individual, community, and professional
				consultation about sickle cell disease and related
				hemoglobinopathies.
3.
				Post-screening counseling regarding carrier status or treatment.
4. Training and technical assistance for
				community providers.
5.
				Collaboration with Virginia Newborn Screening Program to track infants
				identified with sickle cell disease and related hemoglobinopathies to insure
				early parent education about the specific hemoglobinopathy, encourage
				confirmatory testing, and provide information about a network of Pediatric
				Comprehensive Sickle Cell Clinics located throughout the state.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-310 - Description of the Pediatric Comprehensive Sickle Cell Clinic Network

Current through Register Vol. 40, No. 24, July 15, 2024
The Pediatric Comprehensive Sickle Cell Clinic Network is a
				  statewide group of clinics, located in major medical centers, that provide
				  comprehensive medical and support services that are collaborative, family
				  centered, culturally competent, community based and outcome oriented for
				  newborns identified from newborn screening, children, and youth living with
				  sickle cell disease.
Statutory Authority
§§ 32.1-12 and 32.1-77 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-320 - Scope and content of the Pediatric Comprehensive Sickle Cell Clinic Network

Current through Register Vol. 40, No. 24, July 15, 2024
A. Mission.
				The Pediatric Comprehensive Sickle Cell Clinic Network promotes the optimal
				health and development of children and youth living in the Commonwealth with
				sickle cell disease by working in partnership with families, service providers,
				community-based sickle cell programs and the Virginia Sickle Cell Awareness
				Program.
B. Scope of services. The
				Pediatric Comprehensive Sickle Cell Clinic Network provides the following
				direct health care services and enabling services:
1. Multidisciplinary evaluation and treatment
				from a team of professionals that may include physician, nurse, social worker,
				and educational consultant.
2.
				Assistance in tracking newborns identified with sickle cell disease to ensure
				confirmation of newborn screening results and early access to care.
3. Assistance in accessing comprehensive care
				and a medical home.
4. Educational
				genetic counseling and diagnostic family studies to insure the accurate
				diagnosis of sickle cell disease.
5. Parent and client education across the
				life span.
6. Collaboration with
				primary care providers.
7.
				Information and referral to community-based sickle cell support
				programs.
8. Collaboration with the
				Virginia Department of Education and its Education in Hospitals Program to
				provide consultation for families, educators and school
				administrators.
9. Transition from
				child to adult oriented health care system.
10. Family-to-family support.
11. Training and technical assistance for
				community providers.
12. Collection
				of surveillance data to insure clients are receiving services consistent with
				their level of risk.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-330 - Description of the Adult Comprehensive Sickle Cell Clinic Network

Current through Register Vol. 40, No. 24, July 15, 2024
The Adult Comprehensive Sickle Cell Clinic Network is a
				  statewide group of clinics and subspecialty providers that provide
				  comprehensive medical and support services that are collaborative, family
				  centered, culturally competent, community based, and outcome oriented for
				  individuals 18 years of age and older living with sickle cell
				  disease.
Statutory Authority: §§
											32.1-12
					 and
					 32.1-77
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 191 - STATE PLAN FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM › Section 12VAC5-191-340 - Scope and Content of the Adult Comprehensive Sickle Cell Clinic Network

Current through Register Vol. 40, No. 24, July 15, 2024
A. Mission. The
				Adult Comprehensive Sickle Cell Clinic Network delivers accessible services to
				provide access to specialty care and promotes the optimal health of adults
				living in the Commonwealth with sickle cell disease by working in partnership
				with individuals, families, service providers, community-based sickle cell
				programs, and the Virginia Sickle Cell Awareness Program.
B. Scope. The Adult Comprehensive Sickle Cell
				Clinic Network provides the following direct health care services and enabling
				services:
1. Multidisciplinary evaluation and
				treatment from a team of professionals, which may include a physician, nurse,
				social worker, community health worker, or patient navigator.
2. Partnering with pediatric sickle cell
				providers to help facilitate and coordinate the transition of adolescents and
				young adults with sickle cell disease from pediatric to adult care and
				services.
3. Assistance in linking
				patients with primary care practitioners, a medical home, and
				subspecialists.
4. Educational
				genetic counseling to explain the inheritance pattern of the variants of sickle
				cell disease and diagnostic studies to ensure the accurate diagnosis of sickle
				cell disease.
5. Patient and family
				education related to all aspects of the diagnosis consistent with cultural and
				language needs.
6. Collaborative
				care between primary and subspecialty care providers.
7. Information, referral, and partnership
				with community-based sickle cell support programs.
8. Promotion of peer or family support that
				may include postsecondary education and vocational assistance.
9. Training and technical assistance to
				educate community and health care providers about best practices and
				evidence-informed standards of care for individuals with sickle cell
				disease.
10. Collection of
				surveillance data to monitor incidence, prevalence, demographics, morbidity,
				mortality, health care utilization, and costs in order to identify disease
				burden in the Commonwealth.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part I - General Provisions › Section 12VAC5-195-10 - General authority

Current through Register Vol. 40, No. 24, July 15, 2024
The Special Supplemental Nutrition Program for Women,
					 Infants and Children (WIC) was authorized as part of the Child Nutrition Act of
					 1966, Section 17 ( 42 USC § 1786 ), to provide supplemental foods and
					 nutrition education to pregnant, postpartum and breastfeeding women, infants
					 and young children from families with inadequate income. The Virginia WIC
					 Program is regulated by federal regulations published in the Code of Federal
					 Regulations, 7 CFR Part 246, Special Supplemental Nutrition Program for Women,
					 Infants and Children. The state regulations shall serve as a supplement to 7
					 CFR Part 246.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part I - General Provisions › Section 12VAC5-195-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Virginia
				  Women, Infants and Children (WIC) Program serves women who are breastfeeding,
				  pregnant, or have just given birth; infants younger than one year old; and
				  children younger than five years old. WIC participants must be Virginia
				  residents and meet the financial and nutritional requirements.
B. The Virginia WIC Program provides special
				  supplemental foods to eligible participants through a retailer delivery system
				  (
				  7 CFR
				  246.12 ). Food benefits are issued by local
				  agencies to eligible participants using food instruments (
				  7 CFR 246.10
				  ). Participants redeem their food instruments at any authorized retailer or
				  entity. The state agency enters into an agreement with authorized retailers (
				  7 CFR
				  246.12 ). This agreement identifies the
				  obligations, rights, and responsibilities of both the authorized retailers and
				  the state agency. The state agency pays authorized retailers a reasonable
				  dollar amount for the foods purchased, as listed on the approved food list (
				  7 CFR
				  246.12 ).
C. The state agency shall promulgate
				  policies, guidelines, manuals, and training resources to facilitate operations
				  of the Virginia WIC Program in accordance with its contractual agreement with
				  Food Nutrition Service (FNS) (
				  7
				  CFR 246.3 ); the guidelines and instructions
				  issued by FNS in policy letters; and management evaluations audits, and the WIC
				  Program State Plan of Operations.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-70 - Eligibility requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Adjunctive financial eligibility requirements. Adjunctive or automatic
				  financial eligibility is determined pursuant to
				  7 CFR
				  246.7. Documentation is required as proof of
				  participation in programs that qualify an applicant for adjunctive financial
				  eligibility. The state agency also allows Family Access to Medical Insurance
				  Security Plan (FAMIS) and a $2.00 co-pay level to be used in determining
				  adjunctive financial eligibility.
B. Local agencies shall serve
				  institutionalized applicants if they meet all eligibility
				  requirements.
C. For determining
				  income eligibility, local agency personnel shall use the applicant's current or
				  annualized income, whichever is the best indication of circumstances.
D. In determining income eligibility, the
				  state agency shall utilize all income exclusions listed in
				  7 CFR
				  246.7.
E. Applicants who are not adjunctively
				  financially eligible shall have financial eligibility determined using income
				  guidelines equaling the income guidelines established under § 9 of the
				  National School Lunch Act for reduced price school meals per
				  7 CFR
				  246.7.
F. An applicant claiming multiple fetuses
				  shall have the stated number used at the time of certification, but shall be
				  required to provide written verification by a physician or nurse practitioner
				  working under the supervision of a physician within 60 days of
				  certification.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-80 - Proof of identification

Current through Register Vol. 40, No. 24, July 15, 2024
Applicants shall present proof of identification to obtain
					 all WIC services and benefits. This includes certification and subsequent
					 certification visits, food instrument issuance, special formula issuance,
					 nutrition education, and verification of certification transfers. The local
					 agency shall only accept the following as proof of identification:
1. Valid Medicaid card or letter;
2. Social Security card;
3. Driver's license;
4. Birth certificate;
5. Marriage license;
6. Crib card for newborns;
7. Hospital card for newborns;
8. Military identification card or discharge
				  papers (DD214);
9. Clinic or
				  hospital record or ID;
10. TANF or
				  welfare photo ID;
11. Refugee
				  settlement papers;
12. Immigration
				  or Naturalization Record (e.g., green card);
13. Passport or visa; and
14. School records (ID or report card,
				  enrollment or health record).
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-90 - Proof of residency

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall present proof of residency at initial certification and
				  subsequent certification visits. Proof of residency shall be current and
				  include the applicant's name. The local agency shall accept the following as
				  proof of residency:
1. Utility
				  bills;
2. Other business mail with
				  a Virginia address;
3. Deed,
				  mortgage, monthly mortgage statement, or residential rental or lease
				  agreement;
4. Valid Virginia
				  driver's license;
5. Valid Medicaid
				  Card or positive, official Medicaid Verification; or
6. TANF or welfare photo
				  ID.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-100 - Proxy

Current through Register Vol. 40, No. 24, July 15, 2024
A. A participant,
				  parent or legal guardian may have the privilege, but not the right, to
				  designate a maximum of two proxies. A proxy may accept and redeem food
				  instruments. The proxy must attend nutrition education to obtain food
				  instruments. The participant and proxy are not required to be present together
				  when the participant designates the proxy. The parent is encouraged to be the
				  primary recipient of all WIC instruments.
B. Local agency personnel shall only discuss
				  the option of designating a proxy if the participant, parent or legal guardian
				  indicates one of the following situations:
1.
				  The participant, parent or legal guardian expresses difficulty with attending
				  the local agency for nutrition education WIC instruments;
2. The local agency determines difficulty
				  with the participant, parent or legal guardian attending the local agency
				  through objective methods such as the no show reports, missed appointments, or
				  frequently rescheduled appointments; or
3. The local agency determines difficulty
				  with the participant, parent or legal guardian attending the local agency
				  during established alternative hours.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-110 - Caretaker

Current through Register Vol. 40, No. 24, July 15, 2024
A. A parent or
				  legal guardian may have the privilege, but not the right, to designate one
				  caretaker per family ID number to certify an infant or child who may obtain and
				  redeem food instruments and attend nutrition education. The caretaker assumes
				  all of the rights and responsibilities of the parent or legal guardian who
				  designates him. A caretaker shall be designated only when the local agency
				  cannot accommodate the needs of the parent to attend the local agency to obtain
				  WIC benefits. In the absence of a parent or legal guardian, a caretaker shall
				  provide reasonable documentation of his status as a primary caretaker. Reasons
				  supporting the designation of a caretaker shall be documented and become part
				  of the participant's record. The authority to implement the caretaker policy
				  will be granted individually to local agencies by the state WIC director. The
				  parent is always encouraged to be the primary recipient of all WIC
				  benefits.
B. A caretaker may be
				  designated in two situations:
1. A parent or
				  legal guardian's declaration of hardship; or
2. The caretaker providing reasonable
				  documentation of his role in the absence of a parent or legal
				  guardian.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-120 - Certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  certification process begins when an applicant contacts the local agency to
				  make an oral or written request for WIC benefits.
B. A local agency may choose to serve
				  participants who live outside of their local agency geographic area, but within
				  the state, in cases of hardship.
C.
				  Breastfeeding women shall be certified up to the last day of the month in which
				  her infant turns one year old or until the woman ceases breastfeeding,
				  whichever occurs first.
D. Infants
				  shall be certified up to their first birthday.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-130 - Nutritional risk priority system

Current through Register Vol. 40, No. 24, July 15, 2024
The state agency places pregnant, breastfeeding, or
					 postpartum women, infants and children who are at nutritional risk solely
					 because of homelessness and migrancy in Priority VII, per
					 7 CFR
					 246.7. The state agency does not expand or
					 adjust any other priority level listed in
					 7 CFR
					 246.7.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-140 - Food instruments

Current through Register Vol. 40, No. 24, July 15, 2024
A. Food
				  instrument issuanceAll food instruments shall be issued through the automated
				  system only after eligibility has been documented and when the participant,
				  parent or legal guardian, caretaker, or proxy is physically present at the
				  local agency to have their food benefits loaded, except when there is a system
				  outage or system failure. Failure by the participant, parent, legal guardian,
				  caretaker, or proxy to attend the initial nutrition education appointment may
				  result in reduced WIC benefits for that month.
B. Lost food instruments. Lost food
				  instruments shall only be replaced for one of the following situations:
1. A participant leaving home because of
				  domestic violence;
2. A change in
				  full legal custody, including when infants or children are removed from home
				  and placed in foster care or parental custody is changed; or
3. An event out of the control of
				  participant, such as a fire or natural disaster that is publicly
				  documented.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-150 - Alternative office hours

Current through Register Vol. 40, No. 24, July 15, 2024
Alternative office hours shall be offered outside of the
					 regular operating hours of Monday through Friday, between 8 a.m. and 4:30 p.m.
					 to address barriers in accessing WIC services for current and potential
					 applicants and participants. The local agency shall offer a minimum of 16
					 alternative office hours per month and provide documentation to the state
					 agency that the alternative hours accommodate the needs of the current client
					 caseload.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-160 - Waiting lists

Current through Register Vol. 40, No. 24, July 15, 2024
The state agency shall provide local agencies with approval
					 before waiting lists are implemented.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-170 - Termination

Current through Register Vol. 40, No. 24, July 15, 2024
Participants who fail to obtain food instruments for 90
					 days after the last date to spend during a certification period shall be
					 automatically terminated from the WIC Program.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-180 - Fair hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  Virginia WIC Program is a federally administered program. The following fair
				  hearing procedures are a federal process with which the state agency must
				  comply. Pursuant to
				  7 CFR
				  246.9, the state agency shall provide a
				  hearing procedure through which any individual may appeal a state or local
				  agency action that results in a claim against the individual for repayment of
				  the cash value of improperly issued benefits or results in the individual's
				  denial of participation or disqualification from the program.
B. The local agency shall inform each
				  individual in writing of the right to a fair hearing at the time of a claim
				  against an individual for improperly issued benefits or at the time of
				  participation denial or of disqualification from the program.
C. A fair hearing shall be requested within
				  60 days of the written notification date of program denial, termination of
				  benefits, or claim against an individual for improperly issued benefits. The
				  request shall be made in any clear expression to present the case to a higher
				  authority.
D. Participants who
				  appeal the termination of benefits within 15 days must continue to receive WIC
				  benefits until the hearing officer reaches a decision, the participant becomes
				  categorically ineligible, or the certification period expires, whichever comes
				  first.
E. Applicants who are denied
				  WIC benefits at the initial certification or because of the expiration of their
				  certification may appeal the denial but shall not receive benefits while
				  awaiting the hearing decision.
F. A
				  fair hearing will be held within 21 days of the request, unless delayed by
				  mutual agreement of the parties.
G.
				  The state agency shall provide 10 days advanced written notice of the date,
				  time, and place of the hearing, which shall be held in the local agency at
				  which the participant or applicant receives WIC Program services.
H. Pursuant to
				  7 CFR
				  246.9, the state or local agency shall
				  provide the participant, applicant, or representative an opportunity to:
1. Examine, prior to and during the hearing,
				  the documents and records presented to support the decision under appeal, which
				  will be sent to the applicant or participant 10 days prior to the fair
				  hearing;
2. Be assisted or
				  represented by an attorney or other persons;
3. Bring witnesses;
4. Advance arguments without undue
				  interference;
5. Question or refute
				  any testimony or evidence, including an opportunity to confront and cross
				  examine adverse witnesses; and
6.
				  Submit evidence to establish all pertinent facts and circumstances in the
				  case.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-190 - Fair hearing request denial or dismissal

Current through Register Vol. 40, No. 24, July 15, 2024
Per 7 CFR
					 246.9, the state and local agencies shall not
					 deny or dismiss a request for a hearing unless:
1. The request is not received within the
				  time limit set by the state agency;
2. The request is withdrawn in writing by the
				  appellant or a representative of the appellant;
3. The appellant or representative fails,
				  without good cause, to appear at the scheduled hearing; or
4. The appellant has been denied
				  participation by a previous hearing and cannot provide evidence that
				  circumstances relevant to program eligibility have changed in such a way as to
				  justify a hearing.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-210 - Collection of improperly issued instruments or claims against participants

Current through Register Vol. 40, No. 24, July 15, 2024
The state agency shall establish a claim against a
					 participant for the full value of benefits improperly obtained or disposed of
					 as a result of a participant violation. Participant violations include:
1. Inaccurate certification
				  information;
2. Dual participation
				  violations;
3. Violation of the WIC
				  guidelines or rules by the proxy or caretaker; or
4. Redemption of future food instruments
				  after disqualification.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-220 - Interruption of benefits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  state agency may discontinue benefits to participants due to funding
				  shortages.
B. Local agencies shall
				  only implement an interruption of benefits as specified by written direction
				  from the state agency.
C. The state
				  agency shall exercise its federal authority to limit participation to high
				  priorities in the case of funding shortages.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-230 - Conflict of interest

Current through Register Vol. 40, No. 24, July 15, 2024
A. Local
				  agency personnel involved in the WIC eligibility, certification, and food
				  benefits process shall not:
1. Act as a proxy
				  for a participant;
2. Have a direct
				  financial interest in an authorized WIC retailer; or
3. Complete an onsite stocking visit of an
				  authorized retailer at which they or a relative is employed.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part II - Participant Requirements › Section 12VAC5-195-240 - Emergency situations

Current through Register Vol. 40, No. 24, July 15, 2024
Local agencies shall follow emergency procedures in the
					 event of an emergency situation. Procedures to continue WIC benefits shall be
					 incorporated by the local agency into the district office's emergency and
					 business recovery plan.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-290 - Communications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Authorized
				  retailers shall contact the state agency or their assigned agency
				  representative rather than local WIC agency staff for all questions related to
				  WIC Program participation including, retailer selection and authorization
				  requirements and decisions, reimbursement questions, participant's food
				  instrument prescriptions, and complaints.
B. Authorized retailers shall provide at
				  least 15 calendar days written notice if the retailer decides to terminate its
				  participation in the WIC Program or if the retailer ceases operation, changes
				  ownership, or for any other circumstances that impacts service delivery
				  including relocations, renovations, or temporary closures.
C. The state agency shall regularly
				  communicate policy and procedural changes, training issues, WIC food instrument
				  processing tips, cashier reminders and alerts affecting retailers in an
				  informational newsletter. A newsletter shall be published annually and sent to
				  all authorized retailers to update retailer personnel on major program changes.
				  The state agency shall post approved policy changes, if applicable, on its
				  external webpage. Authorized retailers shall comply with all policy changes
				  communicated in writing by the state agency.
D. Written correspondence retained in the
				  state agency's centralized files located in Richmond, Virginia, pertaining to a
				  retailer's authorization status, application documentation, or WIC and
				  Supplemental Nutrition Assistance Program compliance history is confidential
				  and is protected by federal regulations (
				  7 CFR
				  246.26 ). The state agency shall maintain
				  retailers' compliance history and background information for at least a
				  three-year period or the contract period, whichever is longer. For civil
				  judgments and Supplemental Nutrition Assistance Program administrative
				  documentation issued against a specific authorized retailer, the state agency
				  shall retain this documentation for six years.
E. In order to utilize the WIC-approved,
				  Internet-based application for submission of prices, retailers shall consent to
				  be monitored by the Virginia Department of Health or its information technology
				  agency to ensure that this application is used for its intended purpose. If
				  monitoring reveals possible evidence of unauthorized or criminal activity, this
				  evidence may be provided to local, state, or federal authorities for
				  disciplinary action and prosecution to the fullest extent permitted by
				  law.
Statutory Authority
§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-300 - General requirements and conditions for authorization

Current through Register Vol. 40, No. 24, July 15, 2024
A. Once enrolled, a retailer or applicant
				  shall obtain authorization from the state agency to operate as a WIC-authorized
				  retailer before accepting or redeeming food instruments.
B. To obtain and retain authorization,
				  retailers shall:
1. Be Supplemental Nutrition
				  Assistance Program authorized at the time of application or reauthorization and
				  remain in good standing;
2. If
				  applicable, fulfill the WIC disqualification requirement;
3. Be in operation as a business at the time
				  of application or within 45 calendar days of application;
4. Comply with all local, state and federal
				  statutes, regulations, and rules, including sanitation and building code
				  regulations;
5. Submit prices using
				  an electronic, Internet-based method when requested by the state
				  agency;
6. Remain price competitive
				  when compared to other authorized retailers that are located in the same peer
				  group;
7. Meet the mandatory
				  minimum stocking requirement at all times and keep such stock immediately
				  available in the customer shopping area or onsite;
8. Operate at the retailer address indicated
				  in the state agency's application or authorization record; this address shall
				  be the sole location at which WIC customers purchase supplemental foods and
				  formulas;
9. Be open for business
				  at least 50 hours per week;
10.
				  Meet all business integrity criteria as defined in
				  7 CFR
				  246.12;
11. Provide supporting documentation to the
				  state agency including annual food sales information or tax records that will
				  be used to ensure that no more than 50% of the retailer's total food sales were
				  derived from WIC sales;
12. Comply
				  with all corrective actions identified during prior WIC authorizations and pay
				  all civil monetary penalties, if applicable;
13. Purchase contract and special formula
				  from a distributor, supplier, wholesaler, or retailer who is approved by the
				  Virginia WIC Program to sell formula; and
14. Participate in the WIC Program's direct
				  deposit ACH process used for reimbursement and collection purposes.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part III - Retailer Requirements › Section 12VAC5-195-310 - Retailer screening for food sales above 50%

Current through Register Vol. 40, No. 24, July 15, 2024
A. The state agency shall not authorize any
				  applicant or retailer that is likely to derive 50% or more of its annual food
				  sales from the sale of supplemental foods to WIC participants. Retailers
				  already authorized by the program whose annual WIC food sales rise to 50% or
				  more of their total food sales will have their authorization status terminated.
				  Retailers must submit documentation that permits the state agency to complete
				  its evaluation and identification of above 50% retailers. Failure to submit the
				  requested documentation may lead to the retailer's authorization being
				  terminated.
B. The state agency
				  shall reassess the status of new retailers within six months after
				  authorization to determine whether or not the retailer is above 50% (
				  7 CFR
				  246.12 ).
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.