Health, Family Health and Preparedness, WIC Services

Section R406-202-1

Certification and Eligibility

Notice of Proposed Rule

(Amendment)

DAR File No.: 35086
Filed: 07/18/2011 11:23:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update rule language to current Women, Infants and Children (WIC) procedures and technology.

Summary of the rule or change:

In Section R406-202-1, removes "certification forms" and replaces with "management information system" and add "which shall be used to electronically enter applications".

State statutory or constitutional authorization for this rule:

• 7 CFR 246
• Section 26-1-15

Anticipated cost or savings to:

the state budget:

None--WIC is fully federally funded, these changes do not have any expected financial impact to the State or to WIC's budget. WIC already has a funded Management Information System.

local governments:

None--The changes are current standard operating procedures.

small businesses:

None--No businesses operate WIC clinics.

persons other than small businesses, businesses, or local governmental entities:

None--No businesses operate WIC clinics.

Compliance costs for affected persons:

None--No businesses operate WIC clinics.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Utah Department of Health, at the request of Governor Gary Herbert, undertook a review of all administrative rules adopted by the Department. The goal of the review was to evaluate each rule for its impact on business, and in addition, to clarify and simplify rules. This filing is a result of that review. Electronic entry of applications are authorized and the fiscal impact on commerce in Utah should be positive.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Family Health and Preparedness, WIC Services
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Chris Furner at the above address, by phone at 801-538-6199, by FAX at 801-538-6729, or by Internet E-mail at CFURNER@utah.gov
• Rick Wardle at the above address, by phone at 801-538-6897, by FAX at 801-538-6729, or by Internet E-mail at rwardle@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2011

This rule may become effective on:

09/21/2011

Authorized by:

David Patton, Executive Director

R406. Health, Family Health and Preparedness, WIC Services.

R406-202. Eligibility.

R406-202-1. Certification and Eligibility.

(1) The State WIC Office shall provide all clinics with:

(a) a uniform system for determining the eligibility of persons for the WIC program;

(b) uniform eligibility requirements and certification procedures;

(c) [certification forms]a management information system which shall be used to electronically enter applications, determine eligibility and document all nutritional risk, income and residency requirements for the certification process.

(2) The certification process is described as follows:

(a) When there are adequate program funds, each clinic will accept applications, determine eligibility and notify the applicants of their eligibility.

(b) When there are not funds available to provide program benefits, all applicants shall be placed on a waiting list and shall be notified, in writing, within 20 days of their application date. The application date is the date the applicant visits the clinic during clinic office hours to request program benefits.

 

KEY: nutrition, women, children, infants

Date of Enactment or Last Substantive Amendment: [1993]2011

Notice of Continuation: April 27, 2007

Authorizing, and Implemented or Interpreted Law: 26-1-15