North Carolina Administrative Code

10A NCAC 43B .0103 DEFINITIONS The following definitions shall apply throughout Sections .0300 and .0400 of this Subchapter: (1) "Division" means the Division of Public Health. (2) "MCH" means Maternal and Child Health. (3) "Low Income" means an individual or family with an incom…

10A NCAC 43B .0104 PROVIDER ELIGIBILITY (a) Local health departments are eligible to receive MCH program funds from the division. (b) MCH program funds may be awarded to any public or private nonprofit agency in the event a local health department is unwilling or unable to provid…

10A NCAC 43B .0105 CLIENT ELIGIBILITY To be eligible for maternal and child health ambulatory services provided by MCH program funds, clients must meet the eligibility criteria established by the local provider. Financial eligibility requirements may not be more restrictive than …

10A NCAC 43B .0109 CLIENT AND THIRD PARTY FEES (a) If a local provider imposes any charges on clients for maternal and child health services, such charges: (1) Will be applied according to a public schedule of charges; (2) Will not be imposed on low-income individuals or their fa…

SUBCHAPTER 43C - PERINATAL CARE SECTION .0100 - GENERAL 10A NCAC 43C .0101 MISSION AND ADMINISTRATION History Note: Authority G.S. 130A-127; Eff. July 1, 1983; Amended Eff. September 1, 1990; Expired Eff. January 1, 2017 pursuant to G.S. 150B-21.3A.

10A NCAC 43C .0102 RESERVED FOR FUTURE CODIFICATION

SECTION .0200 - RESERVED FOR FUTURE CODIFICATION

SECTION .0200 - WIC PROGRAM GENERAL INFORMATION 10A NCAC 43D .0201 DESCRIPTION The North Carolina Department of Health and Human Services, Division of Child and Family Well-Being, Community Nutrition Services Section is responsible for the administration of the WIC Program in Nor…

10A NCAC 43D .0202 DEFINITIONS (a) For the purposes of this Subchapter, all definitions set forth in 7 C.F.R. Part 246.2 are hereby incorporated by reference, including subsequent amendments and editions, with the following additions and modifications: (1) An "administrative appe…

10A NCAC 43D .0203 REFERENCES (a) The State agency shall administer the WIC program in accordance with: (1) 42 U.S.C. 1786; and (2) 7 C.F.R. 246.1 through 246.28, United States Department of Agriculture, Food and Nutrition Service, Special Supplemental Nutrition Program for Women…

10A NCAC 43D .0204 CONTRACT WITH FNS (a) The Department of Health and Human Services shall maintain the Federal-State Special Supplemental Nutrition Program Agreement with the United States Department of Agriculture, Food and Nutrition Service. (b) The state agency shall prepare,…

10A NCAC 43D .0205 POLICIES: GUIDELINES AND MANUALS (a) The state agency shall promulgate policies, guidelines and manuals to facilitate operation of the WIC Program in accordance with the contract with FNS, the guidelines and instructions issued by FNS in policy letters and mana…

10A NCAC 43D .0206 GENERAL ADMINISTRATION History Note: Authority G.S. 130A-361; Eff. July 1, 1981; Amended Eff. November 1, 1990; Repealed Eff. October 1, 2009.

10A NCAC 43D .0207 LOCAL WIC AGENCY AGREEMENT AND BUDGET (a) The state agency shall enter into an agreement and negotiate a budget with each local WIC agency in accordance with 7 C.F.R. 246.6. (b) The availability of budgeted support cost funds for each local WIC agency is contin…

SECTION .0300 - SELECTION OF LOCAL WIC AGENCIES 10A NCAC 43D .0301 INITIAL APPLICATION (a) Any local agency interested in applying for a WIC program grant shall, upon request to the state agency, be sent an information package to facilitate the application process. (b) If the app…

10A NCAC 43D .0302 CRITERIA FOR SELECTION OF LOCAL AGENCIES (a) The state agency shall only accept applications from local agencies as defined in 7 C.F.R. 246.2. (b) The application must be to provide WIC program benefits to an area or population not receiving program benefits fr…

10A NCAC 43D.0303 CONTINUATION OF LOCAL WIC AGENCIES (a) All grants to local WIC agencies shall be issued annually through an agreement unless the agreement has been terminated as specified in Rule .0305 of this Section. (b) All local WIC agencies are eligible to obtain a grant f…

10A NCAC 43D .0304 EXPANSION OF LOCAL WIC PROGRAMS Local WIC agencies that plan to increase the number of persons served shall submit a written request to the Nutrition Services Section. The availability of funds and the Affirmative Action Plan contained in the North Carolina Sta…

10A NCAC 43D .0305 TERMINATION OF LOCAL WIC AGENCIES (a) The authority to operate a local WIC program may be terminated for noncompliance. (b) If FNS terminates or suspends the North Carolina WIC program, the state agency shall in turn, terminate or suspend its agreements with lo…

10A NCAC 43D .0408 WAITING LIST (a) A waiting list shall be established in accordance with 7 C.F.R. 246.7(f), which is incorporated by reference with all subsequent amendments and editions. (b) Local WIC agencies maintaining a waiting list shall continue to provide WIC program be…

10A NCAC 43D .0409 REQUIRED NOTIFICATIONS History Note: Authority G.S. 130A-361; Eff. July 1, 1981; Amended Eff. September 1, 1991; July 1, 1989; Repealed Eff. October 1, 2009.

10A NCAC 43D .0410 participant violations and sanctions (a) The State agency shall assess a claim for the full value of Program benefits that have been obtained or disposed of improperly as the result of a participant violation. "Participant violation" means those violations list…

10A NCAC 43D .0411 DUAL PARTICIPATION (a) A WIC participant shall not participate simultaneously in one or more than one WIC clinic during the same period of time. For purposes of this Rule, to participate means certification in the WIC Program receiving WIC food or cash-value be…

section .0500 – wic program food package 10A NCAC 43D .0501 Supplemental FOODS (a) The foods that may be provided to WIC program participants are specified in 7 C.F.R. 246.10. (b) The State agency may exclude foods if it determines such foods to be inappropriate for provision as …

10A NCAC 43D .0502 QUANTITY OF FOODS The amount of supplemental foods provided shall not exceed the maximum quantities specified in 7 C.F.R. 246.10, which is incorporated by reference with all subsequent amendments and editions. History Note: Authority G.S. 130A-361; Eff. July 1,…

10A NCAC 43D .0503 USE OF WIC SUPPLEMENTAL FOODS WIC supplemental foods shall be provided for consumption by the participant and not be distributed for use by institutions such as child and day care centers. History Note: Authority G.S. 130A-361; 7 C.F.R. 246; 42 U.S.C. 1786; Eff…

SECTION .0700 - WIC PROGRAM FOOD delivery SYSTEM 10A NCAC 43D .0701 The North carolina automated wic system The WIC program shall provide supplemental foods through a uniform EBT retail distribution system in accordance with 7 C.F.R. 246.12. Local agencies shall use an automated …

10A nCAC 43D .0702 ISSUANCE OF FOOD BENEFITS (a) Local WIC agencies shall issue WIC program food benefits to program participants in a manner which ensures that participants can receive the supplemental foods that have been prescribed for them in accordance with 7 C.F.R. 246.10. …

10A NCAC 43D .0703 USE OF FOOD BENEFITS (a) Participants may transact food benefits on any day on or between the "First Date to Spend" and "Last Date to Spend" for their certification period, as defined in 7 C.F.R. 246.7(g), which is incorporated by reference with all subsequent …

10A NCAC 43D .0704 VALIDITY OF WIC FOOD INSTRUMENTS and cash-value vouchers History Note: Authority G.S. 130A-361; 7 C.F.R. 246; 42 U.S.C. 1786; Eff. July 1, 1981; Amended Eff. July 1, 1989; July 1, 1985; Temporary Amendment Eff. May 17, 2000; Amended Eff. April 1, 2001; Temporar…

10A NCAC 43D .0705 PAYMENT OF WIC FOOD BENEFITS The State of North Carolina shall: (1) accept EBT transactions for North Carolina WIC food benefits through the Federal Reserve and commercial banking systems; (2) provide payment for all valid WIC food benefits. To the extent that …

10A NCAC 43D .0706 VENDOR PEER GROUPS Vendor applicants and authorized vendors shall be placed into peer groups in accordance with as follows: (1) When annual WIC supplemental food sales are not yet available due to a vendor being newly authorized, vendor applicants and authorize…

10A NCAC 43D .0707 VENDOR APPLICANTS To become authorized as a WIC vendor, a vendor applicant shall comply with the following vendor selection criteria: (1) A vendor applicant shall complete a WIC Vendor Application, as set forth in Item (20) of this Rule, a WIC Price List, as se…

10A NCAC 43D .0708 AUTHORIZED VENDORS By signing the WIC Vendor Agreement, the vendor agrees to: (1) Process WIC Program food benefits in accordance with the terms of the WIC Vendor Agreement and 42 U.S.C. 1786, 7 C.F.R. 246.1-246.28, and the rules of this Subchapter; (2) Accept …

10A NCAC 43D .0709 LOCAL WIC AGENCY By signing the WIC Vendor Agreement, the local WIC agency agrees to the following: (1) Provide annual vendor training on WIC procedures and rules; (2) Conduct routine monitoring, as set forth in 7 C.F.R. 246.2 and 7 C.F.R. 246.12(j)(2), of the …

10A NCAC 43D .0710 VENDOR VIOLATIONS AND SANCTIONS (a) Title 7 C.F.R. 246.12(l)(1)(i) through (vi) and (xii) are incorporated by reference with all subsequent amendments and editions. In accordance with 7 C.F.R. 246.12(l)(1)(i), the State agency shall not allow imposition of a ci…

SECTION .0800 - WIC PROGRAM ADMINISTRATIVE APPEALS 10A NCAC 43D .0801 RESERVED FOR FUTURE CODIFICATION

10A NCAC 43D .0802 APPEALS (a) The appeal provisions for vendors and local agencies found in 7 C.F.R. 246.18(a), (b)(1) and (b)(9) are incorporated by reference with all subsequent amendments and editions. The appeal procedures in 7 C.F.R. 246.18(b)(1) and (b)(9) shall apply to t…

10a ncac 43d .0803 RESERVED FOR FUTURE CODIFICATION

10A NCAC 43D .0804 CONTINUATION OF PARTICIPATION Except as provided in 42 U.S.C. 1786(o)(2) and 7 C.F.R. 246.18(a)(2) and (a)(3)(iii), the participation of a local WIC agency or authorized WIC vendor in the WIC program may continue during an administrative appeal. Except as provi…

10A NCAC 43D .0805 RESERVED FOR FUTURE CODIFICATION

10A NCAC 43D .0806 CONTINUING RESPONSIBILITIES An appeal shall not relieve the local agency or authorized WIC vendor that is permitted to continue Program operations while its appeal is in process from the responsibility of continued compliance with the terms of any written agree…

SECTION .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS 10A NCAC 43D .0901 RESERVED FOR FUTURE CODIFICATION

10A NCAC 43D .0902 GENERAL CONDITIONS (a) This Section shall be carried out in accordance with 7 C.F.R. 246.9 and G.S. 150B-22. The fair hearing procedures set out in this Section establish an informal dispute resolution process which must be complied with prior to making a forma…

10A NCAC 43D .0903 AVAILABILITY Any individual may appeal a state or local agency action which results in a claim against the individual for repayment of the cash value of improperly issued Program benefits or results in the individual's denial of participation or disqualificatio…

10A NCAC 43D .0904 NOTIFICATION OF THE RIGHT TO A FAIR HEARING (a) Every current or potential WIC participant shall be informed by the local WIC agency of his or her right to a fair hearing: (1) in writing at the time of application; (2) in writing whenever he or she is determine…

10A NCAC 43D .0905 REQUEST FOR A FAIR HEARING (a) A request for a fair hearing is any expression that conveys a desire to present a case contesting an action that results in an individual's denial of participation, or disqualification from the program or a claim against an indivi…

10A NCAC 43D .0906 DENIAL OR DISMISSAL OF A REQUEST The hearing officer shall deny or dismiss a hearing if: (1) the request is not received within 60 days of the date of notification of the action; (2) the request is withdrawn in writing by the appellant or their representative; …

10A NCAC 43D .0907 CONTINUATION OF BENEFITS (a) WIC program benefits shall be continued during the appeal of the following actions when the request for a hearing is received within 15 days of notification of the action: (1) disqualification from the program for abuse during a cer…

10A NCAC 43D .0908 NOTICE OF HEARING (a) The local or State agency official shall notify the appellant, or his or her representative, the local WIC agency, and the Community Nutrition Services Section in writing that a request for a hearing has been received. (b) Notice of the ti…