1 | A bill to be entitled |
2 | An act relating to maternal and child health programs; |
3 | amending s. 383.011, F.S.; requiring the Department of |
4 | Health, in administering the Special Supplemental |
5 | Nutrition Program for Women, Infants, and Children (WIC), |
6 | to compare the costs of food items redeemed by certain |
7 | vendors for purposes of meeting certain federal |
8 | requirements; prohibiting the department from |
9 | discontinuing certain generic products under certain |
10 | circumstances; restricting the funding of the program to |
11 | federal funds; providing for submission of budget |
12 | amendments by the department; amending s. 409.942, F.S.; |
13 | requiring the department to submit a plan to establish an |
14 | electronic benefit transfer program to distribute WIC |
15 | benefits to the United States Department of Agriculture; |
16 | requiring the department to establish an electronic |
17 | benefit transfer program to distribute WIC benefits; |
18 | requiring the department to collaborate with the |
19 | Department of Children and Family Services in developing |
20 | the program and pay all costs associated therewith; |
21 | providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Subsection (3) is added to section 383.011, |
26 | Florida Statutes, to read: |
27 | 383.011 Administration of maternal and child health |
28 | programs.-- |
29 | (3) In administering the WIC program, the Department of |
30 | Health: |
31 | (a) For purposes of meeting the federal cost neutrality |
32 | requirement of 7 C.F.R. part 246, shall compare the average cost |
33 | of each food item redeemed by above-50-percent vendors against |
34 | the average cost of the same food item redeemed by regular |
35 | vendors. |
36 | (b) May not discontinue a WIC-eligible generic product |
37 | unless the product no longer meets the nutritional guidelines of |
38 | the WIC program. |
39 | (c) Shall only expend funds provided by the Federal |
40 | Government for the administration of the program. In the event |
41 | the department exceeds the federal funding allocation, the |
42 | department may submit a budget amendment to the Executive Office |
43 | of the Governor requesting additional state trust fund authority |
44 | to implement the program pursuant to s. 216.181(11). |
45 | Section 2. Section 409.942, Florida Statutes, is amended |
46 | to read: |
47 | 409.942 Electronic benefit transfer program.-- |
48 | (1) The Department of Children and Family Services shall |
49 | establish an electronic benefit transfer program for the |
50 | dissemination of food stamp benefits and temporary assistance |
51 | payments, including refugee cash assistance payments, asylum |
52 | applicant payments, and child support disregard payments. If the |
53 | Federal Government does not enact legislation or regulations |
54 | providing for dissemination of supplemental security income by |
55 | electronic benefit transfer, the state may include supplemental |
56 | security income in the electronic benefit transfer program. |
57 | (a)(2) The department shall, in accordance with applicable |
58 | federal laws and regulations, develop minimum program |
59 | requirements and other policy initiatives for the electronic |
60 | benefit transfer program. |
61 | (b)(3) The department shall enter into public-private |
62 | contracts for all provisions of electronic transfer of public |
63 | assistance benefits. |
64 | (2)(4) Workforce Florida, Inc., through the Agency for |
65 | Workforce Innovation, shall establish an electronic benefit |
66 | transfer program for the use and management of education, |
67 | training, child care, transportation, and other program benefits |
68 | under its direction. The workforce electronic benefit transfer |
69 | program shall fulfill all federal and state requirements for |
70 | Individual Training Accounts, Retention Incentive Training |
71 | Accounts, Individual Development Accounts, and Individual |
72 | Services Accounts. The workforce electronic benefit transfer |
73 | program shall be designed to enable an individual who receives |
74 | an electronic benefit transfer card under subsection (1) to use |
75 | that card for purposes of benefits provided under the workforce |
76 | development system as well. The Department of Children and |
77 | Family Services shall assist Workforce Florida, Inc., in |
78 | developing an electronic benefit transfer program for the |
79 | workforce development system that is fully compatible with the |
80 | department's electronic benefit transfer program. The agency |
81 | shall reimburse the department for all costs incurred in |
82 | providing such assistance and shall pay all costs for the |
83 | development of the workforce electronic benefit transfer |
84 | program. |
85 | (3) By January 1, 2009, the Department of Health shall |
86 | submit a plan for approval by the United States Department of |
87 | Agriculture, Bureau of Food and Nutrition Service, for the |
88 | implementation of a statewide electronic benefits transfer |
89 | program for the dissemination of benefits under the Special |
90 | Supplemental Nutrition Program for Women, Infants, and Children |
91 | (WIC), authorized by the Child Nutrition Act. The plan shall be |
92 | developed in consultation with authorized WIC vendors, including |
93 | above-50-percent vendors. By July 1, 2010, the Department of |
94 | Health shall establish a statewide electronic benefit transfer |
95 | program for the distribution of benefits under the "Special |
96 | Supplemental Nutrition Program for Women, Infants, and |
97 | Children," or WIC, authorized by the Child Nutrition Act of |
98 | 1966, as amended. |
99 | (a) The WIC electronic benefit transfer program shall be |
100 | designed to enable an individual who receives an electronic |
101 | benefit transfer card under subsection (1) or subsection (2) to |
102 | use that card for purposes of benefits provided under the WIC |
103 | program. |
104 | (b) The Department of Children and Family Services shall |
105 | assist the Department of Health in developing an electronic |
106 | benefit transfer program for the WIC program that is fully |
107 | compatible with the electronic benefit transfer programs |
108 | operated by the Department of Children and Family Services and |
109 | Workforce Florida, Inc. The Department of Health shall reimburse |
110 | the Department of Children and Family Services for all costs |
111 | incurred in providing such assistance and shall pay all costs |
112 | for the development of the WIC electronic benefit transfer |
113 | program. |
114 | Section 3. This act shall take effect July 1, 2008. |