WSR 18-01-107

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 19, 2017, 10:27 a.m.]

Subject of Possible Rule Making: Chapter 246-790 WAC, amending women, infants, and children (WIC) vendor and participant sections.

Statutes Authorizing the Agency to Adopt Rules on this Subject: 7 C.F.R. Part 246 and RCW 43.70.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As a result of a management evaluation by the United States Department of Agriculture (USDA)/Food and Nutrition Service, the department of health is considering amending WIC vendor and participant rules to clarify business integrity requirements; clarify types of monitoring activities; define "pattern" relating to vendor violations and sanctions and remove a sanction. These amendments are necessary to provide needed clarification in order to support the program's authority to assess vendor and participant violations and apply sanctions; support WIC vendor compliance; and reduce fraud. Complying with federal requirements is necessary in order to continue to receive federal funds.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: 7 C.F.R. Part 246 governs the administration of the USDA special supplemental program for WIC. The department will collaborate and share information with other stakeholders including department of social and health services, supplemental nutrition assistance program, local WIC agencies and vendors.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Marsha Boling, P.O. [Box] 47886, phone 360-236-3641, TTY 360-833-6388 or 711, email marsha.boling@doh.wa.gov, web site https://www.doh.wa.gov/YouandYourFamily/WIC.

December 19, 2017

John Wiesman, MPH, DrPH

Secretary