Section 144-286-I - GENERALA. DEFINITIONSAs used in these rules, the following definitions shall apply:
1. "ACH" shall mean Automatic Clearing House for electronic funds transfer.2. "Administrative hearing" shall mean a hearing conducted by the Department's Administrative Hearings Unit for any appellant adversely affected by a local or State Agency decision.3. "Allocable costs" shall mean costs that are incurred specifically for the award, that benefit the award and other work, that can be distributed in reasonable proportion to the benefits received, and that are necessary to the overall operation of the organization.4. "Appellant" shall mean a local agency, vendor, applicant or participant, or their parent or guardian, who is adversely affected by a local or State Agency decision and subsequently seeks review.5. "Authorization" shall mean that there is a signed WIC vendor agreement, after meeting necessary Program criteria.6. "Budget categories" shall mean Personnel, Equipment and All Other.7. "Capital equipment" shall mean tangible property having a useful life of more than one year and an acquisition cost of three thousand ($3000) dollars or more per unit.8. "Certification" shall mean the use of standard criteria and procedures to assess and document each applicant's eligibility for the Program.9. "Civil money penalty" shall mean a monetary fine levied against a vendor in lieu of disqualification, where allowed by law.10. "Commissary" shall mean a store located on a military installation, available only to military personnel and their dependents.11. "Compliance purchase" shall mean a purchase performed by non-participants to collect evidence of improper vendor practices and to verify vendor compliance with applicable laws, rules and regulations.12. "Contract brand infant formula" shall mean all infant formulas (except non-standard and exempt infant formulas) produced by the manufacturer awarded the infant formula cost containment contract.13. "Contract brand infant foods" shall mean all single or multiple single ingredient fruits, vegetables and meats, and infant cereals produced by the manufacturer(s)and awarded the infant foods cost containment contract(s).14. "Contract modification" shall mean any changes made to Riders A, B, and C of the State of Maine Standard Agreement.15. "Cost allocation" shall mean the distribution of sponsoring agency costs to its programs on the basis of statistical data that measure the relative amount of benefit received by the program.16. "Days" shall mean calendar days.17. "Department" shall mean the Maine Department of Health and Human Services.18. "Direct costs" shall mean costs that can be identified with a particular program of the sponsoring agency.19. "Disqualification" shall mean the act of ending Program participation, by either the State or local agency, whether as a sanction or for administrative reasons.20. "Economic unit" shall mean a group that jointly pools its resources.21. "Exempt infant formula" shall mean an infant formula that meets the requirements for an exempt infant formula under section 412(h) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 350a(h) ) and the regulations at 21 CFR parts 106 and 107.22. "Family" shall mean a group of related or unrelated individuals who are not residents of an institution but who are living together as one economic unit.23. "FNS" shall mean the Food and Nutrition Service of the U. S. Department of Agriculture.24. "Food instrument' shall mean voucher, check, draft, coupon, or other document used by a participant to obtain WIC foods.25. "General administrative costs (indirect costs)" shall mean costs that cannot be readily identified with a particular program or service area.26. "Hearing officer" means an impartial person within the Department of Health and Human Services (DHHS) Administrative Hearings Unit designated to conduct formal hearings and to reader decisions pursuant to the regulations governing the Program.27. "In-Kind" shall mean out of pocket or actual cash value of a necessary property or service(s) loaned or contributed to the local agency.28. "Line items" shall mean entries within budget categories.29. "Local agency" shall mean a public or private, non-profit health or human service agency that has contracted with the Department to provide WIC services.30. "Non-contract brand infant formula" shall mean all infant formula, including exempt infant formula, that is not covered by an infant formula cost containment contract awarded by the State agency.31. "Maximum Redemption Price" is the highest amount the State Agency will pay vendors for WIC authorized foods.32. "OMB" shall mean the Office of Management and Budget.33. "Participant" shall mean a pregnant woman, a postpartum breastfeeding or non-breastfeeding woman, an infant, or a child who is receiving food instruments from the Program, or the authorized representative of a pregnant, postpartum breastfeeding or non-breastfeeding woman, an infant or a child.34. "Participant violation" means any intentional action of a participant, parent or caretaker of an infant or child participant, or proxy that violates federal or state statutes, regulations, policies, or procedures governing the Program.35. "Retail food delivery system" means a system in which WIC customers exchange a WIC food instrument for approved WIC foods at the location of an authorized vendor.36. "Program" shall mean the Maine WIC Program.37. "Restricted income" shall mean funds that are required by the funding source to be used to purchase certain goods or services or to pay for certain expenses. They may be in the form of grants or donations.38. "State Agency" shall mean the State WIC Office of the Maine Center for Disease Control within the Maine Department of Health and Human Services.39. "Subcontract" shall mean services or any part of services purchased by the state agency pursuant to an agreement but not directly delivered by the local agency.40. "Vendor" shall mean a sole proprietorship, partnership, cooperative association, corporation, or other business entity operating one or more stores authorized by the state agency to provide authorized supplemental foods to participants under a retail food delivery system.41. "Vendor claim" shall mean a vendor violation that affects payment to the vendor resulting in an overpayment to the vendor.42. "Vendor monitoring" shall mean the review of authorized vendors to determine adherence to Program rules.43. "Vendor sanction" shall mean a warning letter, fine, disqualification or civil money penalty levied against vendors. 44. "Vendor selection criteria" means the criteria established by the WIC Program to select individual vendors for authorization consistent with the requirements in 7 CFR S246.12(g)(3).45. "Vendor training" shall mean educational sessions provided by either State or local agency staff to assure efficient and effective delivery of WIC services.46. "Vendor violation" means any intentional or unintentional action of a vendor's current owners, officers, managers, agents, or employees (with or without the knowledge of management) that violates the vendor agreement or federal or state statues, regulations, policies, or procedures governing the Program.47. "WIC foods" shall mean those foods authorized by the Program for purchase by participants.48. "WIC-eligible medical foods" shall mean certain enteral products that are specifically formulated to provide nutritional support for individuals with a diagnosed medical condition, when the use of conventional foods is precluded, restricted, or inadequate.49. "WIC Food Vendor" means a store authorized to transact WIC food Instruments/cash vouchers for authorized WIC foods.50. "WIC Pharmacy Vendor" means a pharmacy authorized only to transact WIC food instruments for formula and medical foods prescribed by a physician. A WIC Pharmacy Vendor is not authorized to operate as a WIC Food Vendor.51. "A combination WIC Food Vendor and WIC Pharmacy Vendor" means a store authorized to transact WIC food instruments for authorized WIC foods and, formula and medical foods prescribed by a physician.52. "Urban area" shall mean a community that has a population of 30,000 or more.53. "Rural area" shall mean a community that has a population of less than 30,000.54. "WIC Administrative Manual" shall mean a document containing the policies and procedures for administering the WIC program. Copies of the Manual are available by download at the WIC Program's web site, http://www.maine.gov/dhhs/wic.55. "WIC Clinic Manual" shall mean a document containing the policies and procedures for certification and nutrition services in the WIC Program. Copies of the Manual are available by download at the WIC Program's web site, http://www.maine.gov/dhhs/wic.56. "WIC Financial Manual" shall mean a document containing the policies and procedures for the financial management of the WIC Program. Copies of the Manual are available by download at the WIC Program's web site, http://www.maine.gov/dhhs/wic.57. "WIC Vendor Manual" shall mean a document containing the policies and procedures for the WIC Program's food delivery system. Copies of the Manual are available by download at the WIC Program's web site, http://www.maine.gov/dhhs/wic.B. INCORPORATION OF FEDERAL REGULATIONSThese rules incorporate by reference the Special Supplemental Food Program for Women, Infants and Children Regulations of the U.S. Department of Agriculture, Food and Nutrition Service, published in 7 C.F.R. Part 246, §§ 246.1 - 246.28 in effect at the time of the adoption of these Maine WIC Program rules, including the Special Supplemental Nutrition Program for Women, Infants and Children: Revisions in the WIC Food Packages; Interim Rule, published in the Federal Register on December 6, 2007 and effective February 4, 2008, to be implemented by October 1, 2009, 72 FR 68966.
C. SEVERABILITYThe provisions of these rules are severable. Should a court of competent jurisdiction declare any portion of these Rules ultra vires or unconstitutional, that ruling shall not affect the legality of any other provisions of these Rules.
10- 144 C.M.R. ch. 286, § I