Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 195. Virginia WIC Program

12VAC5-195-290. Communications.

A. Authorized retailers shall contact the state agency or their assigned agency representative rather than local WIC agency staff for all questions related to WIC Program participation including, retailer selection and authorization requirements and decisions, reimbursement questions, participant's food instrument prescriptions, and complaints.

B. Authorized retailers shall provide at least 15 calendar days written notice if the retailer decides to terminate its participation in the WIC Program or if the retailer ceases operation, changes ownership, or for any other circumstances that impacts service delivery including relocations, renovations, or temporary closures.

C. The state agency shall regularly communicate policy and procedural changes, training issues, WIC food instrument processing tips, cashier reminders and alerts affecting retailers in an informational newsletter. A newsletter shall be published annually and sent to all authorized retailers to update retailer personnel on major program changes. The state agency shall post approved policy changes, if applicable, on its external webpage. Authorized retailers shall comply with all policy changes communicated in writing by the state agency.

D. Written correspondence retained in the state agency's centralized files located in Richmond, Virginia, pertaining to a retailer's authorization status, application documentation, or WIC and Supplemental Nutrition Assistance Program compliance history is confidential and is protected by federal regulations (7 CFR 246.26). The state agency shall maintain retailers' compliance history and background information for at least a three-year period or the contract period, whichever is longer. For civil judgments and Supplemental Nutrition Assistance Program administrative documentation issued against a specific authorized retailer, the state agency shall retain this documentation for six years.

E. In order to utilize the WIC-approved, Internet-based application for submission of prices, retailers shall consent to be monitored by the Virginia Department of Health or its information technology agency to ensure that this application is used for its intended purpose. If monitoring reveals possible evidence of unauthorized or criminal activity, this evidence may be provided to local, state, or federal authorities for disciplinary action and prosecution to the fullest extent permitted by law.

Statutory Authority

§ 32.1-12 of the Code of Virginia; 7 CFR Part 246.

Historical Notes

Derived from Virginia Register Volume 24, Issue 19, eff. May 26, 2008; amended, Virginia Register Volume 25, Issue 22, eff. July 6, 2009; Volume 29, Issue 12, eff. March 13, 2013.

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