250.20 (3) From the appropriation account under s. 20.435 (1) (kb) (cr), the department shall annually award grants for activities to improve the health status of economically disadvantaged minority group members. A person may apply, in the manner specified by the department, for a grant of up to $50,000 in each fiscal year to conduct these activities. An awardee of a grant under this subsection shall provide, for at least 50 percent of the grant amount, matching funds that may consist of funding or an in-kind contribution. An applicant that is not a federally qualified health center, as defined under 42 CFR 405.2401 (b) shall receive priority for grants awarded under this subsection.
9,1894
Section
1894. 250.20 (4) of the statutes is amended to read:
250.20 (4) From the appropriation account under s. 20.435 (1) (kb) (cr), the department shall award a grant of up to $50,000 in each fiscal year to a private nonprofit corporation that applies, in the manner specified by the department, to conduct a public information campaign on minority health.
9,1896
Section
1896. 253.06 (1) (a) of the statutes is renumbered 253.06 (1) (am) and amended to read:
253.06 (1) (am) “Authorized Approved food" means food identified by the department as an authorized food in accordance with 7 CFR 246.10 as acceptable for use under the federal special supplemental food nutrition program for women, infants and children under 42 USC 1786.
9,1897
Section
1897. 253.06 (1) (ag) of the statutes is created to read:
253.06 (1) (ag) “Alternate participant” means a person who has been authorized by a participant to request benefits, participate in nutrition education, bring an infant or child to a Women, Infants, and Children program appointment, and have access to information in the participant's file.
9,1898
Section
1898. 253.06 (1) (b) of the statutes is repealed.
9,1899
Section
1899. 253.06 (1) (br) of the statutes is created to read:
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.
9,1900
Section
1900. 253.06 (1) (c) of the statutes is repealed.
9,1901
Section
1901. 253.06 (1) (cm) of the statutes is amended to read:
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.
9,1902
Section
1902. 253.06 (1) (cp), (cr), (ct) and (cv) of the statutes are created to read:
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.
(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.
(ct) “Infant formula supplier” means a wholesaler, distributor, retailer, or manufacturer of infant formula.
(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.
9,1903
Section
1903. 253.06 (1) (dm) of the statutes is repealed.
9,1904
Section
1904. 253.06 (1) (dr) and (dv) of the statutes are created to read:
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.
(dv) “Trafficking” means doing any of the following:
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.
2. Exchanging firearms, ammunition, explosives, or controlled substances, as defined in 21 USC 802, for a food instrument.
3. Intentionally purchasing and reselling for cash or consideration other than approved food a product that is purchased with a food instrument.
4. Intentionally purchasing with cash or consideration other than approved food a product that was originally purchased with a food instrument.
9,1905
Section
1905. 253.06 (1) (e) of the statutes is amended to read:
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.
9,1906
Section
1906. 253.06 (1) (f) of the statutes is repealed.
9,1907
Section
1907. 253.06 (1) (g) of the statutes is created to read:
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.
9,1908
Section
1908. 253.06 (1m) of the statutes is created to read:
253.06 (1m) Program administration. 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.
9,1909
Section
1909. 253.06 (3) (a) (intro.) of the statutes is amended to read:
253.06 (3) (a) (intro.) The department may authorize a vendor to accept drafts only if the vendor meets all of the following conditions:
9,1910
Section
1910. 253.06 (3) (a) 5. of the statutes is created to read:
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.
9,1911
Section
1911. 253.06 (3) (bg) of the statutes is amended to read:
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.
9,1912
Section
1912. 253.06 (3) (c) of the statutes is amended to read:
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).
9,1913
Section
1913. 253.06 (3) (d) of the statutes is created to read:
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.
9,1914
Section
1914. 253.06 (3m) (title) and (a) (intro.) of the statutes are amended to read:
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:
9,1915
Section
1915. 253.06 (3m) (a) 4. of the statutes is created to read:
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.
9,1916
Section
1916. 253.06 (3m) (b) of the statutes is amended to read:
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.
9,1917
Section
1917. 253.06 (4) (a) 1. of the statutes is amended to read:
253.06 (4) (a) 1. Accept drafts or submit drafts a food instrument or submit a request to the department for redemption without authorization.
9,1918
Section
1918. 253.06 (4) (a) 2. of the statutes is repealed.
9,1919
Section
1919. 253.06 (4) (a) 2m. of the statutes is created to read:
253.06 (4) (a) 2m. Engage in trafficking.
9,1920
Section
1920. 253.06 (4) (a) 3. to 4. of the statutes are amended to read:
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.
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.
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.
9,1921
Section
1921. 253.06 (4) (a) 5. of the statutes is repealed.
9,1922
Section
1922. 253.06 (4) (a) 5m. of the statutes is created to read:
253.06 (4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic benefit transfer cardholder's personal identification number.
9,1923
Section
1923. 253.06 (4) (a) 6. and 8. of the statutes are repealed.
9,1924
Section
1924. 253.06 (4) (a) 9. of the statutes is amended to read:
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.
9,1925
Section
1925. 253.06 (4) (a) 10. of the statutes is repealed.
9,1926
Section
1926. 253.06 (5) (a) 1. and 2. of the statutes are amended to read:
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).
2. Standards of operation for authorized vendors and infant formula suppliers and food direct distribution centers, including prohibited practices.
9,1927
Section
1927. 253.06 (5) (b) 1. to 3. of the statutes are amended to read:
253.06 (5) (b) 1. Denial of the application to be a participant or authorized vendor or infant formula supplier.
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.
3. Disqualification from the program under this section for a vendor, infant formula supplier, or participant.
9,1928
Section
1928. 253.06 (5) (b) 6. to 8. of the statutes are created to read:
253.06 (5) (b) 6. Civil monetary penalty.
7. Warning letter.
8. Implementation of a corrective action plan.
9,1929
Section
1929. 253.06 (5) (d) (intro.) and 6. of the statutes are amended to read:
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:
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.
9,1930
Section
1930. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and amended to read:
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.
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).
9,1931
Section
1931. 253.06 (5) (e) 3. of the statutes is created to read:
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).
9,1932
Section
1932. 253.06 (6) (b) of the statutes is amended to read:
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.
9,1933
Section
1933. 253.06 (8) of the statutes is amended to read:
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.
9,1934
Section
1934. 253.06 (9) and (10) of the statutes are created to read:
