Washington Administrative Code › Title 246 - Health, Department of › PARENT/CHILD HEALTH › Chapter 246-790 - Special supplemental nutrition program for women, infants, and children (WIC) › PARTICIPANT COMPLIANCE › Section 246-790-530 - WIC participant violations and sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) When any WIC participant or caregiver
				  deliberately violates federal or state statutes, regulations, policies or
				  procedures governing the WIC program, the department will initiate appropriate
				  enforcement action, which may include establishment of claims under WAC
				  246-790-550 or
				  disqualification under WAC
				  246-790-560.
				  Violations and applicable sanctions are listed below:
Violations
1st Instance
2nd Instance
Subsequent Instances
Attempting to redeem a food instrument for
							 unauthorized foods or formula.
Notice of violation
Notice of violation
6-month disqualification
Redeeming a food instrument for unauthorized foods or
							 formula.
Notice of violation and claim
1-year disqualification and claim if claim is $100
								or more
1-year disqualification and claim
1-year disqualification and claim
Attempting to return foods purchased with a food
							 instrument to a WIC vendor in exchange for money, credit, a different food or
							 food in excess of those on the food instrument.
Notice of violation
Notice of violation
6-month disqualification
Returning foods purchased with a food instrument to a
							 WIC vendor in exchange for money, credit, a different food, or food in excess
							 of those on the food instrument.
Notice of violation and claim
1-year disqualification and claim if claim is $100
								or more
1-year disqualification and claim
1-year disqualification and claim
Redeeming a food instrument reported as lost or
							 stolen, and then replaced.
Notice of violation and claim
1-year disqualification and claim if claim is $100
								or more
1-year disqualification and claim
1-year disqualification and claim
Destruction of vendor, farmer or local agency property
							 during a WIC transaction or visit.
Notice of violation if replacement or repair cost
								is less than $100
6-month disqualification if replacement or repair
								cost is $100 or more
Note: Replacement or repair cost will be
								determined by affected vendor, farmer or local agency
1-year disqualification
1-year disqualification
Destruction of state agency property during a WIC
							 visit.
Notice of violation and claim if claim is less than
								$100
1-year disqualification and claim if claim is $100
								or more
1-year disqualification
1-year disqualification
Altering a food instrument.
6-month disqualification and claim if claim is less
								than $100
1-year disqualification and claim if claim is $100
								or more
1-year disqualification and claim
1-year disqualification and claim
Making false or misleading statements or deliberately
							 misrepresenting, concealing or withholding facts to obtain or increase
							 benefits.
Notice of violation and claim if claim is less than
								$100
1-year disqualification and claim if claim is $100
								or more
1-year disqualification and claim
1-year disqualification and claim
Participating in and spending WIC food instruments
							 from one or more than one WIC clinic during the same time period (dual
							 participation).
1-year disqualification and claim
1-year disqualification and claim
1-year disqualification and claim
Threatening to harm or physically harming clinic,
							 farmer or vendor staff during a WIC visit.
6-month disqualification
1-year disqualification
1-year disqualification
Failure to comply with department or local agency
							 request for information during an investigation.
1-year disqualification
1-year disqualification
1-year disqualification
Selling, attempting to sell, exchanging, attempting to
							 exchange, or allowing another person to sell food instrument or exchange food
							 or formula purchased with a food instrument for cash, credit, merchandise,
							 favors, or other nonfood items (trafficking) verbally, in print, or online
							 through web sites or social media.
Notice of violation and claim if claim is less than
								$100
1-year disqualification and claim if claim is $100
								or more
1-year disqualification and claim
1-year disqualification and claim
Theft of a food instrument by a WIC participant.
1-year disqualification and claim
1-year disqualification and claim
1-year disqualification and claim
(2) During each certification visit,
				  participants will be informed of their rights and responsibilities, program
				  rules, and that there may be potential sanctions should they deliberately
				  violate a program rule.
(3)
				  Whenever the department assesses a claim of misappropriated WIC program
				  benefits of one hundred dollars or more resulting from a participant violation,
				  assesses a claim for dual participation, or assesses a second or subsequent
				  claim of any amount resulting from a participant violation, the department must
				  disqualify the participant for one year.
(4) The department may decide not to impose a
				  disqualification if, within thirty days of the date the letter was mailed
				  demanding repayment, full restitution is made or a repayment schedule is agreed
				  upon. In the case of a violation committed by the parent or caretaker of an
				  infant or child participant, or by a participant under the age of eighteen, the
				  department may approve the designation of a proxy in order to continue program
				  benefits to these participants.
(5)
				  Participants may reapply for benefits at any time after the disqualification
				  period concludes.
(6) The
				  department must consider designating a substitute caregiver instead of
				  disqualification for infants, children, and women under eighteen years of
				  age.
(7) Second and subsequent
				  instances of violations are assessed based on a twelve-month period from the
				  first notice that a violation has occurred.