Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 195 - VIRGINIA WIC PROGRAM › Part I - General Provisions › Section 12VAC5-195-30 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Administrative review" means the procedure through which
					 applicants or retailers may appeal a state agency's administrative action,
					 including program disqualification, denied authorization and other adverse
					 actions.
"Agency representative" means staff from the state agency,
					 a local agency, a contractor, or other designated individuals trained to
					 conduct WIC functions and monitor retailers.
"Approved food list" or "WIC Approved Food List, April 1,
					 2018, Virginia Department of Health" means a brochure or method used by the WIC
					 Program to communicate to eligible participants, retailers, local agencies, and
					 other interested parties which authorized supplemental foods may be purchased
					 using WIC food instruments. The approved food list is a guide and must be used
					 with the food instrument, which may identify specific brands or additional
					 products not stated on the approved food list that may be purchased by
					 participants.
"Authorization" means the process by which the state
					 agency assesses, selects and enters into an agreement with retailers that apply
					 or subsequently reapply to be authorized.
"CAPP Manual" or "CAPP Manual, Volume No. 1 - Policies
					 & Procedures, Section No. 20500 - Accounts Receivable, Cardinal, August
					 2018, Office of the Comptroller, Commonwealth of Virginia" means the
					 Commonwealth's Accounting Policies and Procedures (CAPP) Manual, which provides
					 guidelines, policies, procedures, and regulations to assist and govern state
					 agencies to develop procedures to properly account for, report, manage, and
					 collect receivables.
"Caretaker" means a person 18 years of age or older,
					 unless approved at the discretion of a competent professional authority,
					 designated by a parent or legal guardian to certify an infant or child, obtain
					 and redeem food instruments and attend nutrition education. A caretaker may be
					 any person who has detailed knowledge of the nutritional needs and eating
					 habits of the infant or child. A parent or legal guardian may designate one
					 caretaker per family ID number.
"Cash value food benefits" means a special food instrument
					 that has been issued to eligible participants for a specific dollar amount that
					 must be used to purchase fruits and vegetables. Unless stated otherwise, all
					 references to food instruments include cash value food benefits, as well as
					 food and formula food instruments.
"Civil monetary penalty" or "CMP" means an administrative
					 fine offered to a retailer in lieu of disqualification if inadequate
					 participant access exists as determined by the state agency.
"Direct deposit ACH" means a method used to reimburse
					 retailers for certain types of processed food instruments (i.e., "Over FI
					 Max"). A credit is made to the retailer's designated bank account and routing
					 number using the automated clearinghouse (ACH) process.
"Enrollment" means the process all applicants and
					 authorized retailers must complete in order for a retailer to be eligible to
					 accept WIC food instruments.
"FNS" means the U.S. Department of Agriculture Food and
					 Nutrition Services.
"Food instrument" means a voucher, check, electronic
					 benefits transfer card (EBT), coupon, or other document that is used by a
					 participant to obtain supplemental foods.
"Formula flyer" or "Virginia WIC Program, Infant Formula
					 Flyer, February 2018, Virginia Department of Health" means a handout or method
					 used by the state agency to communicate to eligible participants, retailers,
					 local agencies, and other interested parties that formulas may be purchased at
					 authorized retailers.
"Informal settlement meeting" means a meeting held with an
					 authorized retailer or applicant representative and the state WIC director
					 whose purpose is to review and clarify outstanding WIC Program administrative
					 issues.
"Legal guardian" means an individual who has been
					 appointed by a court of law or the Department of Social Services, or by other
					 legal means, to have primary, physical custody of a minor. A legal guardian
					 shall be authorized to provide eligibility information for an applicant,
					 consent to medical treatment of the applicant, and shall be held legally bound
					 if sanctions are imposed.
"NTE" means not to exceed.
"Peer group" means a classification of applicants and
					 authorized retailers into groups based on common characteristics or criteria
					 that affect food prices for the purpose of applying appropriate competitive
					 price criteria to retailers at authorization and limiting payments for foods at
					 competitive pricing levels. A retailer's peer group is used to determine
					 competitive pricing levels at initial authorization and establish the
					 reimbursement maximums paid by the state agency.
"Post-payment review" means an analysis of paid food
					 instruments redeemed by authorized retailers in order to determine if pricing
					 and redemption discrepancies exist. Based upon this analysis, a retailer claim
					 against the retailer may be established by the state agency.
"Relatives" means spouses, parents, children, brothers,
					 sisters, aunts, uncles, nephews, nieces, grandparents, and
					 grandchildren.
"Retailer" means a vendor, retail store, commissary, or
					 entity authorized by the Virginia WIC Program to accept WIC food instruments
					 for the various types of foods listed on the approved food list. The term
					 "retailer" is equivalent to the term "vendor" used in federal regulations (
					 7 CFR
					 246.12 ).
"Retailer agreement" or "Virginia WIC Program's Retailer
					 Agreement, January 2019, Virginia Department of Health" means a written
					 agreement that establishes the respective roles and responsibilities of the
					 state agency and authorized retailers in complying with federal and state
					 requirements.
"Retailer claim" means the state agency has determined an
					 authorized retailer committed a violation of the retailer agreement that
					 affects the payment status of one or several food instruments.
"Retailer manual" or "Retailer Manual for the Virginia WIC
					 Program, April 1, 2018, Virginia Department of Health" means a series of
					 written documents that communicate administrative procedures for the Virginia
					 WIC Program that regulate both authorized retailers and applicants. The
					 retailer manual is part of the WIC Program State Plan that must be submitted
					 and approved by USDA.
"Sanctions" or "Virginia WIC Program - Sanction Violation
					 Schedule, May 1, 2017, Virginia Department of Health" means the schedule of
					 penalties imposed by the state agency upon an authorized retailer for a
					 specific violation outlined in the retailer manual or retailer
					 agreement.
"State agency" means the Virginia Department of Health and
					 the delegated authority to the Division of Community Nutrition, which has the
					 administrative responsibility for managing the Virginia WIC Program.
"Termination" means the act of ending a retailer's WIC
					 Program authorization for administrative reasons that include a change of
					 ownership, closed retailer location, voluntary withdrawal, and noncompetitive
					 prices.
"UPC" means Universal Product Code.
"USDA memo" or "USDA Memo - SFP 09-020 Clarification on
					 Use of the WIC Acronym and Logo, January 9, 2009, United States Department of
					 Agriculture, Food and Nutrition Service" means a memo drafted by the federal
					 government to provide guidance to states on the use of the WIC program's
					 acronym and logo.
"Unique participant" means the number of unduplicated
					 individuals who have redeemed one or more food instruments at a retail store
					 during a specific period.
U.S. Department of Agriculture" or "USDA" means the
					 federal agency that provides funding for the WIC Program on behalf of
					 Congress.
"Waiting list" means a list implemented by the state
					 agency for individual participants when the maximum caseload is reached.
"WIC sales" means annual sales based on WIC redemption
					 paid by the state agency to an authorized retailer.
Statutory Authority: §
												32.1-12
						of the Code of Virginia; 7 CFR Part 246.