California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 6 - Preventive Medical Services
Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children
Article 2 - Certification of Participants
Section 40683 - Dual Participation

Universal Citation: 22 CA Code of Regs 40683

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Local agencies shall report all cases of suspected dual participation to the Department.

(b) Participants or their parents, guardians, caretakers, or representatives who are determined to be dual participating shall be:

(1) Disqualified immediately from one of the two agencies or clinics.

(2) Disqualified for a period up to three months from both agencies or clinics if deliberate misrepresentation is involved.

(c) Based on the circumstances of the particular case, local agencies may stay the effect of the three month suspension period authorized in (b)(2) above with written Departmental approval.

(d) Participants or their parents, guardians, caretakers, or representatives who are determined to be dual participating shall be required to reimburse the Department for the financial loss resulting from the receipt of food instruments in excess of the authorized amount.

(e) Participants who are determined to be dual participating shall be subject to penalties as outlined in Article 11 of these regulations.

1. New section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2. Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March 30, 2020, which allowed the director of the State Department of Public Health to make temporary changes to certain regulations relating to the Women, Infants, and Children Program, due to the COVID-19 pandemic.

Note: Authority cited: Sections 311 and 312, Health and Safety Code. Reference: Sections 311, 312.5 and 316, Health and Safety Code.

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