PROTECTION FOR MATERNITY AND INFANCY
Maternal, Child Health, and Services for Children With Special Health Care Needs
132:12-a Women, Infants, and Children (WIC) Program.
The commissioner of the department of health and human services shall develop and administer a women, infants, and children program within the state under the Child Nutrition Act of 1966, in accordance with federal regulations promulgated by the Department of Agriculture and subject to continued funding from the federal Department of Agriculture. In the administration of the program, the commissioner:
I. Shall suspend a vendor from the program for any of the following:
(a) Providing cash, unauthorized food, or other items to participants in lieu of authorized supplemental foods.
(b) Charging the state for food not received by participants.
(c) Charging the program more for supplemental foods than other customers are charged for the same food item.
II. Shall suspend a participant from the program for any of the following:
(a) Knowingly and deliberately misrepresenting circumstances to obtain benefits.
(b) Selling supplemental foods or food instruments to, or exchanging them with, other persons.
(c) Receiving cash or credit towards purchases of unauthorized food or other items of value from food vendors, in lieu of authorized supplemental food.
III. May, upon determination that a person has fraudulently obtained funds under this program, bring an action to recover the funds. Any funds so recovered shall be remitted to the proper federal officials as required under federal law or regulation. Demand and payment of these funds shall not relieve or discharge any person from liability, either civil or criminal, for additional amounts or penalties as may be prescribed under any other applicable law.
Source. 1981, 307:2. 1986, 198:17. 1995, 310:182, 183, eff. Nov. 1, 1995.