Amendment SA2-AB56

AB56-SA2,1898b Section 1898b. 253.06 (1) (b) of the statutes is repealed.

AB56-SA2,1899b Section 1899b. 253.06 (1) (br) of the statutes is created to read:

AB56-SA2,52,10 253.06 (1) (br) “Cardholder” means a participant; alternate participant; parent, legal guardian, or caretaker of a participant; or another person in possession of a Women, Infants, and Children program electronic benefit transfer card and the personal identification number for the card.

AB56-SA2,1900b Section 1900b. 253.06 (1) (c) of the statutes is repealed.

AB56-SA2,1901b Section 1901b. 253.06 (1) (cm) of the statutes is amended to read:

AB56-SA2,52,15 253.06 (1) (cm) “Food Direct distribution center" means an entity, other than a vendor, that is under contract with the department under sub. (3m) to distribute authorized approved food to participants.

AB56-SA2,1902b Section 1902b. 253.06 (1) (cp), (cr), (ct) and (cv) of the statutes are created to read:

AB56-SA2,52,20 253.06 (1) (cp) “Electronic benefit transfer” means a method that permits electronic access to Women, Infants, and Children program benefits using a device, approved by the department, with payments made in accordance with ch. 410.

AB56-SA2,52,24 (cr) “Food instrument” means a voucher, check, electronic benefit transfer card, electronic benefit transfer card number and personal identification number, coupon, or other method used by a participant to obtain Women, Infants, and Children program approved foods.

AB56-SA2,53,2 (ct) “Infant formula supplier” means a wholesaler, distributor, retailer, or manufacturer of infant formula.

AB56-SA2,53,6 (cv) “Local agency” means an entity that has a contract with the department to provide services under the Women, Infants, and Children program such as eligibility determination, benefit issuance, and nutritional counseling for participants.

AB56-SA2,1903b Section 1903b. 253.06 (1) (dm) of the statutes is repealed.

AB56-SA2,1904b Section 1904b. 253.06 (1) (dr) and (dv) of the statutes are created to read:

AB56-SA2,53,11 253.06 (1) (dr) “Summary suspension” means an emergency action taken by the department to suspend an authorization under the Women, Infants, and Children program.

AB56-SA2,53,12 (dv) “Trafficking” means doing any of the following:

AB56-SA2,53,15 1. Buying, selling, stealing, or otherwise exchanging for cash or consideration other than approved food Women, Infants, and Children program food instruments or benefits that are issued and accessed via a food instrument.

AB56-SA2,53,17 2. Exchanging firearms, ammunition, explosives, or controlled substances, as defined in 21 USC 802, for a food instrument.

AB56-SA2,53,19 3. Intentionally purchasing and reselling for cash or consideration other than approved food a product that is purchased with a food instrument.

AB56-SA2,53,21 4. Intentionally purchasing with cash or consideration other than approved food a product that was originally purchased with a food instrument.

AB56-SA2,1905b Section 1905b. 253.06 (1) (e) of the statutes is amended to read:

AB56-SA2,53,25 253.06 (1) (e) “Vendor" means a grocery store or pharmacy that sells authorized person that operates one or more stores or pharmacies authorized by the department under sub. (3) to provide approved foods under a retail food delivery system.

AB56-SA2,1906b Section 1906b. 253.06 (1) (f) of the statutes is repealed.

AB56-SA2,1907b Section 1907b. 253.06 (1) (g) of the statutes is created to read:

AB56-SA2,54,5 253.06 (1) (g) “Women, Infants, and Children program” means the federal special supplemental nutrition program for women, infants and children under 42 USC 1786 and this section.

AB56-SA2,1908b Section 1908b. 253.06 (1m) of the statutes is created to read:

AB56-SA2,54,9 253.06 (1m) Program administration. (a) The department may identify an alternate participant as the Women, Infants, and Children program cardholder for purposes of electronic administration of the Women, Infants, and Children program.

AB56-SA2,1909b Section 1909b. 253.06 (3) (a) (intro.) of the statutes is amended to read:

AB56-SA2,54,12 253.06 (3) (a) (intro.) The department may authorize a vendor to accept drafts only if the vendor meets all of the following conditions:

AB56-SA2,1910b Section 1910b. 253.06 (3) (a) 5. of the statutes is created to read:

AB56-SA2,54,20 253.06 (3) (a) 5. The vendor has an electronic benefit transfer-capable cash register system or payment device, approved by the department, that is able to accurately and securely obtain Women, Infants, and Children program food balances associated with the electronic benefit transfer card, maintain the necessary electronic files such as the approved food list, successfully complete Women, Infants, and Children program electronic benefit transfer purchases, and process Women, Infants, and Children program electronic benefit transfer payments.

AB56-SA2,1911b Section 1911b. 253.06 (3) (bg) of the statutes is amended to read:

AB56-SA2,54,25 253.06 (3) (bg) The department may limit the number of vendors that it authorizes under this subsection if the department determines that the number of vendors already authorized under this subsection is sufficient to permit participants to obtain authorized approved food conveniently.

AB56-SA2,1912b Section 1912b. 253.06 (3) (c) of the statutes is amended to read:

AB56-SA2,55,4 253.06 (3) (c) The department may not redeem drafts food instruments only when submitted by a person who is not an authorized vendor under this subsection except as provided in sub. (3m).

AB56-SA2,1913b Section 1913b. 253.06 (3) (d) of the statutes is created to read:

AB56-SA2,55,10 253.06 (3) (d) Each store operated by a business entity is a separate vendor for purposes of this section and is required to have a single, fixed location, except when the authorization of mobile stores is necessary to meet special needs in accordance with 7 CFR 246.4 (1) (14) (xiv). The department shall require that each store be authorized as a vendor separately from other stores operated by the business entity.

AB56-SA2,1914b Section 1914b. 253.06 (3m) (title) and (a) (intro.) of the statutes are amended to read:

AB56-SA2,55,16 253.06 (3m) (title) Food Direct distribution centers. (a) (intro.) The department may contract for an alternative system of authorized approved food distribution with an entity other than a vendor only if the entity meets all of the following requirements:

AB56-SA2,1915b Section 1915b. 253.06 (3m) (a) 4. of the statutes is created to read:

AB56-SA2,55,24 253.06 (3m) (a) 4. The entity has an electronic benefit transfer-capable cash register system or payment device, approved by the department, that is able to accurately and securely obtain Women, Infants, and Children program food balances associated with the electronic benefit transfer card, maintain the necessary files, successfully complete Women, Infants, and Children program electronic benefit transfer purchases, and process Women, Infants, and Children program electronic benefit transfer payments.

AB56-SA2,1916b Section 1916b. 253.06 (3m) (b) of the statutes is amended to read:

AB56-SA2,56,3 253.06 (3m) (b) The department shall redeem valid drafts may process a payment if submitted by a food direct distribution center that is authorized by the department under this subsection.

AB56-SA2,1917b Section 1917b. 253.06 (4) (a) 1. of the statutes is amended to read:

AB56-SA2,56,6 253.06 (4) (a) 1. Accept drafts or submit drafts a food instrument or submit a request to the department for redemption without authorization.

AB56-SA2,1918b Section 1918b. 253.06 (4) (a) 2. of the statutes is repealed.

AB56-SA2,1919b Section 1919b. 253.06 (4) (a) 2m. of the statutes is created to read:

AB56-SA2,56,9 253.06 (4) (a) 2m. Engage in trafficking.

AB56-SA2,1920b Section 1920b. 253.06 (4) (a) 3. to 4. of the statutes are amended to read:

AB56-SA2,56,13 253.06 (4) (a) 3. Accept a draft food instrument other than in exchange for authorized approved food that is provided by the person selected by the electronic benefit transfer cardholder.

AB56-SA2,56,16 3m. Provide authorized approved food or other commodities to a participant or proxy an electronic benefit transfer cardholder in exchange for a draft food instrument accepted by a 3rd party.

AB56-SA2,56,18 4. Enter on a draft Submit a payment request for a dollar amount that is higher than the actual retail price of the item for which the draft a food instrument was used.

AB56-SA2,1921b Section 1921b. 253.06 (4) (a) 5. of the statutes is repealed.

AB56-SA2,1922b Section 1922b. 253.06 (4) (a) 5m. of the statutes is created to read:

AB56-SA2,56,22 253.06 (4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic benefit transfer cardholder's personal identification number.

AB56-SA2,1923b Section 1923b. 253.06 (4) (a) 6. and 8. of the statutes are repealed.

AB56-SA2,1924b Section 1924b. 253.06 (4) (a) 9. of the statutes is amended to read:

AB56-SA2,57,4 253.06 (4) (a) 9. Submit for redemption a draft Provide to someone other than the department a food instrument; a Women, Infants, and Children program electronic benefit transfer card; or food purchased with a food instrument for something of value.

AB56-SA2,1925b Section 1925b. 253.06 (4) (a) 10. of the statutes is repealed.

AB56-SA2,1926b Section 1926b. 253.06 (5) (a) 1. and 2. of the statutes are amended to read:

AB56-SA2,57,9 253.06 (5) (a) 1. Minimum qualification standards for the authorization of vendors and infant formula suppliers and for the awarding of a contract to an entity under sub. (3m).

AB56-SA2,57,11 2. Standards of operation for authorized vendors and infant formula suppliers and food direct distribution centers, including prohibited practices.

AB56-SA2,1927b Section 1927b. 253.06 (5) (b) 1. to 3. of the statutes are amended to read:

AB56-SA2,57,14 253.06 (5) (b) 1. Denial of the application to be a participant or authorized vendor or infant formula supplier.

AB56-SA2,57,17 2. Suspension Summary suspension or termination of authorization for an authorized vendor or infant formula supplier or, in the case of a food direct distribution center, termination of the contract.

AB56-SA2,57,19 3. Disqualification from the program under this section for a vendor, infant formula supplier, or participant.

AB56-SA2,1928b Section 1928b. 253.06 (5) (b) 6. to 8. of the statutes are created to read:

AB56-SA2,57,21 253.06 (5) (b) 6. Civil monetary penalty.

AB56-SA2,57,22 7. Warning letter.

AB56-SA2,57,23 8. Implementation of a corrective action plan.

AB56-SA2,1929b Section 1929b. 253.06 (5) (d) (intro.) and 6. of the statutes are amended to read:

AB56-SA2,58,10 253.06 (5) (d) (intro.) The department may directly assess a forfeiture provided for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement assessment provided for under par. (c). If the department determines that a forfeiture, recoupment or enforcement assessment should be levied, or that authorization or eligibility should be summarily suspended or terminated, for a particular violation or for failure to correct it, the department shall send a notice of assessment, summary suspension or termination to the vendor, food infant formula supplier, direct distribution center or participant. The notice shall inform the vendor, food infant formula supplier, direct distribution center or participant of the right to a hearing under sub. (6) and shall specify all of the following:

AB56-SA2,58,13 6. If applicable, that the suspension or termination of authorization of the vendor or eligibility of the participant is effective beginning on the 15th day after receipt date of the notice of summary suspension or termination.

AB56-SA2,1930b Section 1930b. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and amended to read:

AB56-SA2,58,19 253.06 (5) (e) 1. The suspension or termination of authorization of a vendor, infant formula supplier, or direct distribution center or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination.

AB56-SA2,59,3 2. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).

AB56-SA2,1931b Section 1931b. 253.06 (5) (e) 3. of the statutes is created to read:

AB56-SA2,59,7 253.06 (5) (e) 3. The summary suspension of authorization of a vendor, infant formula supplier, or direct distribution center shall be effective immediately upon receipt of the notice under par. (d).

AB56-SA2,1932b Section 1932b. 253.06 (6) (b) of the statutes is amended to read:

AB56-SA2,59,24 253.06 (6) (b) A person may contest an assessment of forfeiture, recoupment or enforcement assessment, a denial, suspension or termination of authorization, a civil monetary penalty assessed in lieu of disqualification, a summary suspension, or a suspension or termination of eligibility by sending a written request for hearing under s. 227.44 to the division of hearings and appeals in the department of administration within 10 days after the receipt of the notice issued under sub. (3) (bm) or (5) (d). The administrator of the division of hearings and appeals may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division of hearings and appeals shall be the final administrative decision. The division of hearings and appeals shall commence the hearing and issue a final decision within 60 days after receipt of the request for hearing unless all of the parties consent to a later date. Proceedings before the division of hearings and appeals are governed by ch. 227. In any petition for judicial review of a decision by the division of hearings and appeals, the department, if not the petitioner who was in the proceeding before the division of hearings and appeals, shall be the named respondent.

AB56-SA2,1933b Section 1933b. 253.06 (8) of the statutes is amended to read:

AB56-SA2,60,4 253.06 (8) Inspection of premises. The department may visit and inspect each authorized vendor and infant formula supplier and each food direct distribution center, and for such purpose shall be given unrestricted access to the premises described in the authorization or contract.

AB56-SA2,1934b Section 1934b. 253.06 (9) and (10) of the statutes are created to read:

AB56-SA2,60,10 253.06 (9) Confidentiality of applicant and participant information. (a) Any information about an applicant or participant, whether it is obtained from the applicant or participant or another source or is generated as a result of application for the Women, Infants, and Children program, that identifies the applicant or participant or a family member of the applicant or participant is confidential.

AB56-SA2,60,20 (b) Except as explicitly permitted under this section, the department shall restrict the use and disclosure of confidential applicant and participant information to any person directly connected with the administration or enforcement of the Women, Infants, and Children program that the department determines has a need to know the information for Women, Infants, and Children program purposes. Persons who may be allowed to access confidential information under this paragraph include personnel from the local agencies, persons under contract with the department to perform research regarding the Women, Infants, and Children program, and persons that are investigating or prosecuting Women, Infants, and Children program violations of federal, state, or local law.

AB56-SA2,60,24 (c) The department or any local agency may use or disclose to public organizations confidential applicant and participant information for the administration of other programs that serve individuals eligible for the Women, Infants, and Children program in accordance with 7 CFR 246.26 (h).

AB56-SA2,61,4 (d) Staff of the department and local agencies who are required by state law to report known or suspected child abuse or neglect may disclose confidential applicant and participant information without the consent of the participant or applicant to the extent necessary to comply with the law.

AB56-SA2,61,18 (e) Except in the case of subpoenas or search warrants, the department and local agencies may disclose confidential applicant and participant information to individuals or entities not listed in this section only if the affected applicant or participant signs a release form authorizing the disclosure and specifying the parties to which the information may be disclosed. The department or local agency shall allow applicants and participants to refuse to sign the release form and shall notify the applicant or participant that signing the form is not a condition of eligibility and refusing to sign the form will not affect the applicant's or participant's application or participation in the Women, Infants, and Children program. Release forms authorizing disclosure to private physicians or other health care providers may be included as part of the Women, Infants, and Children program application or certification process. All other requests for applicants or participants to sign voluntary release forms may occur only after the application and certification process is complete.

AB56-SA2,62,4 (f) The department or local agency shall provide to an applicant or participant access to all information he or she has provided to the Women, Infants, and Children program. In the case of an applicant or participant who is an infant or child, the access may be provided to a parent or guardian of the infant or child, assuming that any issues regarding custody or guardianship have been settled. The department or local agency is not required to provide the applicant or participant or parent or guardian of an infant or child applicant or participant access to any other information in the file or record, including documentation of income provided by a 3rd party and staff assessments of an applicant or participant's condition or behavior, unless required by law or unless the information supports a state or local agency decision being appealed under 7 CFR 246.9.

AB56-SA2,62,10 (10) Confidentiality of vendor information. (a) Any information about a vendor, whether it is obtained from the vendor or another source, that individually identifies the vendor except for the vendor's name, address, telephone number, Internet or electronic mail address, store type, and Women, Infants, and Children program authorization status is confidential. The department shall restrict the use or disclosure of confidential vendor information to any of the following: