CS/HB 1193

1
A bill to be entitled
2An act relating to maternal and child health programs;
3amending s. 383.011, F.S.; requiring the Department of
4Health, in administering the Special Supplemental
5Nutrition Program for Women, Infants, and Children (WIC),
6to compare the costs of food items redeemed by certain
7vendors for purposes of meeting certain federal
8requirements; prohibiting the department from
9discontinuing certain generic products under certain
10circumstances; restricting the funding of the program to
11federal funds; providing for submission of budget
12amendments by the department; amending s. 409.942, F.S.;
13requiring the department to submit a plan to establish an
14electronic benefit transfer program to distribute WIC
15benefits to the United States Department of Agriculture;
16requiring the department to establish an electronic
17benefit transfer program to distribute WIC benefits;
18requiring the department to collaborate with the
19Department of Children and Family Services in developing
20the program and pay all costs associated therewith;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (3) is added to section 383.011,
26Florida Statutes, to read:
27     383.011  Administration of maternal and child health
28programs.--
29     (3)  In administering the WIC program, the Department of
30Health:
31     (a)  For purposes of meeting the federal cost neutrality
32requirement of 7 C.F.R. part 246, shall compare the average cost
33of each food item redeemed by above-50-percent vendors against
34the average cost of the same food item redeemed by regular
35vendors.
36     (b)  May not discontinue a WIC-eligible generic product
37unless the product no longer meets the nutritional guidelines of
38the WIC program.
39     (c)  Shall only expend funds provided by the Federal
40Government for the administration of the program. In the event
41the department exceeds the federal funding allocation, the
42department may submit a budget amendment to the Executive Office
43of the Governor requesting additional state trust fund authority
44to implement the program pursuant to s. 216.181(11).
45     Section 2.  Section 409.942, Florida Statutes, is amended
46to read:
47     409.942  Electronic benefit transfer program.--
48     (1)  The Department of Children and Family Services shall
49establish an electronic benefit transfer program for the
50dissemination of food stamp benefits and temporary assistance
51payments, including refugee cash assistance payments, asylum
52applicant payments, and child support disregard payments. If the
53Federal Government does not enact legislation or regulations
54providing for dissemination of supplemental security income by
55electronic benefit transfer, the state may include supplemental
56security income in the electronic benefit transfer program.
57     (a)(2)  The department shall, in accordance with applicable
58federal laws and regulations, develop minimum program
59requirements and other policy initiatives for the electronic
60benefit transfer program.
61     (b)(3)  The department shall enter into public-private
62contracts for all provisions of electronic transfer of public
63assistance benefits.
64     (2)(4)  Workforce Florida, Inc., through the Agency for
65Workforce Innovation, shall establish an electronic benefit
66transfer program for the use and management of education,
67training, child care, transportation, and other program benefits
68under its direction. The workforce electronic benefit transfer
69program shall fulfill all federal and state requirements for
70Individual Training Accounts, Retention Incentive Training
71Accounts, Individual Development Accounts, and Individual
72Services Accounts. The workforce electronic benefit transfer
73program shall be designed to enable an individual who receives
74an electronic benefit transfer card under subsection (1) to use
75that card for purposes of benefits provided under the workforce
76development system as well. The Department of Children and
77Family Services shall assist Workforce Florida, Inc., in
78developing an electronic benefit transfer program for the
79workforce development system that is fully compatible with the
80department's electronic benefit transfer program. The agency
81shall reimburse the department for all costs incurred in
82providing such assistance and shall pay all costs for the
83development of the workforce electronic benefit transfer
84program.
85     (3)  By January 1, 2009, the Department of Health shall
86submit a plan for approval by the United States Department of
87Agriculture, Bureau of Food and Nutrition Service, for the
88implementation of a statewide electronic benefits transfer
89program for the dissemination of benefits under the Special
90Supplemental Nutrition Program for Women, Infants, and Children
91(WIC), authorized by the Child Nutrition Act. The plan shall be
92developed in consultation with authorized WIC vendors, including
93above-50-percent vendors. By July 1, 2010, the Department of
94Health shall establish a statewide electronic benefit transfer
95program for the distribution of benefits under the "Special
96Supplemental Nutrition Program for Women, Infants, and
97Children," or WIC, authorized by the Child Nutrition Act of
981966, as amended.
99     (a)  The WIC electronic benefit transfer program shall be
100designed to enable an individual who receives an electronic
101benefit transfer card under subsection (1) or subsection (2) to
102use that card for purposes of benefits provided under the WIC
103program.
104     (b)  The Department of Children and Family Services shall
105assist the Department of Health in developing an electronic
106benefit transfer program for the WIC program that is fully
107compatible with the electronic benefit transfer programs
108operated by the Department of Children and Family Services and
109Workforce Florida, Inc. The Department of Health shall reimburse
110the Department of Children and Family Services for all costs
111incurred in providing such assistance and shall pay all costs
112for the development of the WIC electronic benefit transfer
113program.
114     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.