Virginia Law

A. Authorized retailers and applicants must submit prices for all mandatory foods and formulas as defined by the state agency. Once prices have been submitted to the WIC Program, they must remain in effect for at least a 30-day period and are subject to random onsite verification by the state agency. Posted prices that are significantly higher than the prices submitted to the state agency may affect the retailer's or applicant's authorization selection status.

B. A retailer or applicant's submitted price shall be compared by the state agency to other authorized retailer in the same peer group to determine if the prices submitted are competitive. Prices shall be submitted and validated as competitive for specific food items and formulas as specified in the retailer manual.

C. Authorized retailers and applicants shall have a pricing point value that is 40 or higher in order to remain eligible for program authorization.

D. Authorized retailers whose prices are identified as noncompetitive when compared with other authorized retailers in the same peer group may have their WIC Program authorization terminated unless the state agency determines that inadequate participant access would exist if the retailer's authorization were terminated.

E. Authorized retailers that fail to submit a price for optional food and formula items may have redeemed food instruments selected as ineligible for payment as part of the post-payment review process. The improperly redeemed food instruments may be identified as a retailer claim and may be subject to repayment of the full amount paid for all of the items prescribed on the food instrument.