Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: 194A.050, 194A.505, 194A.990,
7
C.F.R. Part 246, 278.6,
21
U.S.C. 802
NECESSITY, FUNCTION, AND CONFORMITY:
42
U.S.C. 1786 and 7 C.F.R. Part 246 provide for
grants for state operation of the Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC).
KRS
194A.050(1) authorizes the
Cabinet for Health and Family Services to promulgate administrative regulations
as necessary to qualify for the receipt of federal funds. This administrative
regulation establishes the application and participation process for
participants of the Kentucky Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC).
Section
1. Eligibility. To be certified as eligible to participate in the
WIC program, a person shall:
(1) Be
categorically eligible as follows:
(a) A
pregnant woman;
(b) A postpartum
woman, up to six (6) months after termination of pregnancy;
(c) A breastfeeding woman, up to the infant's
first birthday;
(d) An infant,
birth to one (1) year of age; or
(e) A child, one (1) to five (5) years of
age;
(2) Provide proof
of residence in the Commonwealth of Kentucky, such as a utility bill, driver's
license, or SNAP identification card;
(3) Provide proof of identity as defined by
7 C.F.R.
246.7(c), such as a driver's
license, medical card, birth certificate, or photo identification;
(4) Provide proof of household income, such
as the most recent paystub, tax form (W-2), or medical card, and meet the
following income criteria:
(a) Receive KTAP,
SNAP, or Medicaid;
(b) A pregnant
woman or infant in the household receives Medicaid;
(c) A member of the household receives
Medicaid; or
(d) The household
income is at or below 185 percent of the federal poverty level;
(5) Meet the required nutritional
risk data at certification:
(a) Height or
length and weight measurements shall be performed and documented.
(b) Hematological tests shall be performed
and documented; and
(6)
Meet one (1) of the following nutritional risk criteria:
(a) A detrimental or abnormal nutritional
condition detectable by biochemical or anthropo-metric measurements, such as:
1. Anemia;
2. Underweight;
3. Overweight;
4. Abnormal pattern of weight gain in a
pregnant woman;
5. Low weight gain
in an infant; or
6. Stunting in an
infant or child; or
(b)
A documented nutritionally related medical condition such as:
1. Clinical signs of nutritional
deficiency;
2. Metabolic
disorder;
3. Pre-eclampsia in a
pregnant woman;
4. Failure to
thrive in an infant;
5. Chronic
infection;
6. Alcohol or drug abuse
or mental retardation in a woman;
7. Lead poisoning;
8. History in a pregnant woman of a high risk
pregnancy or an associated factor such as:
a.
Smoking;
b. Conception before
sixteen (16) months postpartum;
c.
Low birth weight, premature birth, or neonatal loss;
d. Adolescent pregnancy; or
e. Current multiple pregnancy; or
9. Congenital malformation in an
infant or child or an infant born to a woman with:
a. A history of alcohol abuse;
b. A history of drug abuse;
c. Mental retardation;
d. A dietary deficiency that impairs or
endangers health, such as an inadequate dietary pattern as assessed by:
(i) A twenty-four (24) hour dietary
recall;
(ii) Dietary history;
or
(iii) Food frequency checklist;
or
e. A condition that
predisposes a person to an inadequate nutritional pattern or nutritionally
related medical condition, such as homelessness or
migrancy.
Section 2. Certification Periods. WIC program
benefits shall be based upon certifications established in accordance with the
time frames established in this section.
(1)
A pregnant woman shall be certified for the duration of her pregnancy and for
up to six (6) weeks postpartum.
(2)
A postpartum woman shall be certified for up to six (6) months
postpartum.
(3) A breastfeeding
woman shall be certified at intervals of approximately six (6) months, ending
with the breastfed infant's first birthday.
(4) An infant shall be certified at intervals
of approximately six (6) months, except an infant under six (6) months of age
shall be certified for a period extending up to the first birthday if the
quality and accessibility of health care services is not diminished.
(5) A child shall be certified at intervals
of approximately six (6) months, ending with the end of the issuance month in
which a child reaches the fifth birthday.
Section 3. Priority System. Vacancies in the
WIC program shall be filled as they occur unless maximum participation has been
reached. If maximum participation has been reached, vacancies shall be filled
by a priority system based upon the nutritional risk of the patient.
Section 4. Time Frames for Processing
Applicants. Pregnant and breastfeeding women, infants, and migrants shall be
screened and notified of WIC program eligibility or ineligibility within ten
(10) days of application. All other applicants shall be screened and notified
of WIC program eligibility or ineligibility within twenty (20) days of
application. WIC benefits shall be provided when participants are notified of
certification.
Section 5. Nutrition
Education.
(1) Nutrition education shall be
made available to the participant or the participant's parent or guardian and
shall relate to the participant's nutritional needs, household situation, and
cultural preferences.
(2) Tobacco,
drug, and other substance abuse information shall be provided to each
participant or the participant's parent or guardian.
(3) Breastfeeding information, including the
benefits of breastfeeding, shall be provided to each pregnant participant,
unless contraindicated.
STATUTORY AUTHORITY:
KRS
194A.050,
211.090(3),
7 C.F.R. Part 246,
42
U.S.C. 1786