Amd §2507, Pub Health L; amd §2, Chap of 2016 (as proposed in S.8077 & A.9648-A)
Relates to access to the special supplemental nutrition program for women, infants and children relating to specialty formula; relates to the effectiveness thereof.
STATE OF NEW YORK
________________________________________________________________________
1067
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to access to the
special supplemental nutrition program for women, infants and children
and specialty formula; and to amend a chapter of the laws of 2016
amending the public health law relating to access to the special
supplemental nutrition program for women, infants and children, as
proposed in legislative bills numbers S. 8077 and A. 9648-A, in
relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2507 of the public health law, as added by a chap-
2 ter of the laws of 2016 amending the public health law relating to
3 access to the special supplemental nutrition program for women, infants
4 and children, as proposed in legislative bills numbers S. 8077 and A.
5 9648-A, is amended to read as follows:
6 § 2507. Special supplemental nutrition program for women, infants and
7 children; specialty [infant] formula.
8 1. Definitions. For the purposes of this section:
9 (a) "WIC" shall mean the special supplemental nutrition program for
10 women, infants and children;
11 (b) "WIC food vendor" shall mean a [vendor which has a contract] busi-
12 ness entity that operates a retail delivery system that is authorized by
13 the department to sell products covered by WIC to individuals under the
14 WIC program; and
15 (c) "Specialty [infant] formula" shall mean [infant formula that is
16 prescribed for a specific medical condition, for which medical documen-
17 tation may be required, under regulations of the commissioner] specif-
18 ically formulated nutrition products prescribed for medically fragile
19 WIC participants with qualifying medical conditions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07085-01-7
S. 1067 2
1 2. Every WIC food vendor shall be authorized to sell any product
2 covered under WIC, including specialty [infant] formula, in accordance
3 with the WIC vendor type as designated by the department, unless specif-
4 ically limited or barred by the commissioner [applying regulations under
5 this section or applicable] pursuant to state or federal regulations.
6 The commissioner [shall not apply arbitrary criteria, or criteria that
7 create unreasonable barriers for WIC participants to access specialty
8 infant formula, and shall only apply criteria that are reasonably
9 related to and consistent with: (a) promoting WIC beneficiary access to
10 specialty infant formula; and (b) administration of WIC with integrity,
11 efficiency and security] is authorized to establish criteria defining
12 which WIC food vendors can sell specialty formula. Any such criteria
13 shall not be applied arbitrarily and shall ensure WIC participant access
14 to specialty formula. The commissioner shall establish a process to
15 address individual cases where there is evidence of inadequate WIC
16 participant access.
17 § 2. Section 2 of a chapter of the laws of 2016 amending the public
18 health law relating to access to the special supplemental nutrition
19 program for women, infants and children, as proposed in legislative
20 bills numbers S. 8077 and A. 9648-A, is amended to read as follows:
21 § 2. This act shall take effect [on the one hundred eightieth day
22 after it shall have become a law; provided, however, that effective
23 immediately, the commissioner of health shall make regulations and take
24 other actions necessary to implement the provisions of this act] imme-
25 diately.
26 § 3. This act shall take effect immediately.
