Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
194A.050,
194A.505,
194A.990,
205.231,
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 high risk criteria for contracted retailers with the
Kentucky Special Supplemental Nutrition Program for Women, Infants and Children
(WIC).
Section 1. High Risk Criteria.
In accordance with
7 C.F.R.
246.12, high-risk vendors shall be identified
at least once each federal fiscal year. The criteria and points established in
this section shall be assessed.
(1) A vendor
with low variance, as defined by
902 KAR
18:011, Section 1, shall be assessed five (5) points
per quarter.
(2) A vendor who has
greater than or equal to twenty (20) percent but less than fifty (50) percent
of the vendor's quarterly WIC transactions ending in whole dollar amounts shall
be assessed five (5) points per quarter. The transactions shall not include
produce and formula.
(3) A vendor
who has greater than or equal to fifty (50) percent of the vendor's quarterly
WIC transactions ending in whole dollar amounts shall be assessed ten (10)
points per quarter. The transactions shall not include produce and
formula.
(4) A vendor in which six
(6) or more gallons of milk were redeemed in a single transaction, occurring in
thirty (30) or more transactions a quarter, shall be assessed five (5) points
per quarter.
(5) A vendor with full
package redemptions in one (1) transaction occurring in twenty (20) or more
transactions per quarter shall be assessed five (5) points per
quarter.
(6) A vendor shall be
assessed ten (10) points for every overcharge letter unless the overcharge is
justified in writing and accepted by the state WIC agency.
(7) A vendor with a lack of inventory, as
outlined in the Kentucky WIC Manual for Applying Retailers, incorporated by
reference in
902 KAR
18:050, shall be assessed five (5) points per
occurrence during a monitoring visit.
(8) A vendor whose prices for transactions
are greater than or equal to ninety (90) percent above the NTE shall be
assessed five (5) points per quarter.
(9) A vendor whose percentage of WIC sales to
food sales is greater than twenty (20) percent shall be assessed five (5)
points for every ten (10) percent increment per federal fiscal year.
(10) A vendor who has redeemed more than
$2,000 in transactions per federal fiscal year from out of its contracted
agency shall receive one (1) point per federal fiscal year.
(11) A vendor who received a Good Letter with
Exceptions shall be assessed five (5) points per letter.
Section 2. High Risk Referrals. A vendor who
is assessed thirty (30) points or more per federal fiscal year shall be
referred to a federal, state, or local law enforcement agency for a compliance
investigation.
STATUTORY AUTHORITY:
KRS
194A.050,
205.231,
211.090(3),
7 C.F.R. Part 246, 42 U.S.C. 1786
