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(a) Definitions.
In this subsection: 1. “Eligibility” means the status of being eligible for purchase through the use of benefits under the food stamp program. 2. “Nonprofit organization” means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code. 3. “Participating retailer” means a retailer that participates in the food stamp program.
“Eligibility” means the status of being eligible for purchase through the use of benefits under the food stamp program.
“Nonprofit organization” means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.
“Participating retailer” means a retailer that participates in the food stamp program.
Subject to par. (d), the department shall enter into a contract for the development and administration of an electronic platform that has the capacity to do all of the following: 1. Determine whether a universal product code–marked product is eligible for purchase through the use of benefits under the food stamp program, subject to the list of eligible foods under 7 CFR 271.2 and any approved waiver of federal law from the U.S. department of agriculture. 2. Contain a centralized database of universal product code–marked products that identifies which products are eligible for purchase through the use of benefits under the food stamp program, based upon the determinations under subd. 1. The centralized database under this subdivision shall have version control and audit functionality. 3. Continuously update the database under subd. 2. with products that become newly commercially available. 4. Continuously update the database under subd. 2. with products that are reformulated. 5. Integrate the database under subd. 2. into point-of-sale systems used by participating retailers. The integration under this subdivision shall allow for automated data synchronization, real-time data checks, batch updates for low-bandwidth or legacy systems, and minimal technical burden for small participating retailers. 6. Include a documented application programming interface, batch file formats, a sandbox environment, and a help desk for small participating retailers. 7. Comply with reporting requirements related to the food stamp program under federal law or an approved waiver of federal law from the U.S. department of agriculture. 8. Track and assess errors in product eligibility determinations by using audit tools and error-trend analysis.
Determine whether a universal product code–marked product is eligible for purchase through the use of benefits under the food stamp program, subject to the list of eligible foods under 7 CFR 271.2 and any approved waiver of federal law from the U.S. department of agriculture.
Contain a centralized database of universal product code–marked products that identifies which products are eligible for purchase through the use of benefits under the food stamp program, based upon the determinations under subd. 1. The centralized database under this subdivision shall have version control and audit functionality.
Continuously update the database under subd. 2. with products that become newly commercially available.
Continuously update the database under subd. 2. with products that are reformulated.
Integrate the database under subd. 2. into point-of-sale systems used by participating retailers. The integration under this subdivision shall allow for automated data synchronization, real-time data checks, batch updates for low-bandwidth or legacy systems, and minimal technical burden for small participating retailers.
Include a documented application programming interface, batch file formats, a sandbox environment, and a help desk for small participating retailers.
Comply with reporting requirements related to the food stamp program under federal law or an approved waiver of federal law from the U.S. department of agriculture.
Track and assess errors in product eligibility determinations by using audit tools and error-trend analysis.
The electronic platform under par. (b) may include a public-facing search function for the database under par. (b) 2.
1. The contract under par. (b) shall be a performance-based contract and shall include an approved budget for the development and administration of the electronic platform under par. (b). 2. The department may enter into the contract under par. (b) only with a nonprofit organization that meets all of the following requirements: a. Has a charitable and educational mission that includes support for the retail food industry in this state and research and industry education related to food safety and nutrition in a retail business. b. Demonstrates statewide reach and working relationships with a wide variety of participating retailers, including participating retailers of varying sizes, and point-of-sale system vendors serving retailers in this state. c. Maintains organizational independence and financial controls sufficient to ensure that grant funds awarded under this subsection are not used for lobbying, political activity, or private benefit, and if affiliated with an organization described in section 501 (c) (6) of the Internal Revenue Code, maintains separate boards or committees and separate accounting in accordance with federal law. d. Commits to providing retailer-facing training, technical assistance, and outreach, including by providing materials accessible to small retailers, to support accurate product eligibility classification at the point of sale.
The contract under par. (b) shall be a performance-based contract and shall include an approved budget for the development and administration of the electronic platform under par. (b).
The department may enter into the contract under par. (b) only with a nonprofit organization that meets all of the following requirements: a. Has a charitable and educational mission that includes support for the retail food industry in this state and research and industry education related to food safety and nutrition in a retail business. b. Demonstrates statewide reach and working relationships with a wide variety of participating retailers, including participating retailers of varying sizes, and point-of-sale system vendors serving retailers in this state. c. Maintains organizational independence and financial controls sufficient to ensure that grant funds awarded under this subsection are not used for lobbying, political activity, or private benefit, and if affiliated with an organization described in section 501 (c) (6) of the Internal Revenue Code, maintains separate boards or committees and separate accounting in accordance with federal law. d. Commits to providing retailer-facing training, technical assistance, and outreach, including by providing materials accessible to small retailers, to support accurate product eligibility classification at the point of sale.
Has a charitable and educational mission that includes support for the retail food industry in this state and research and industry education related to food safety and nutrition in a retail business.
Demonstrates statewide reach and working relationships with a wide variety of participating retailers, including participating retailers of varying sizes, and point-of-sale system vendors serving retailers in this state.
Maintains organizational independence and financial controls sufficient to ensure that grant funds awarded under this subsection are not used for lobbying, political activity, or private benefit, and if affiliated with an organization described in section 501 (c) (6) of the Internal Revenue Code, maintains separate boards or committees and separate accounting in accordance with federal law.
Commits to providing retailer-facing training, technical assistance, and outreach, including by providing materials accessible to small retailers, to support accurate product eligibility classification at the point of sale.
The nonprofit organization that contracts with the department under par. (b) shall partner with a technology firm that is experienced with this state’s Medical Assistance enterprise data warehouse and data analytics reporting system for the administration of the electronic platform under par. (b).
By no later than September 30 of the fiscal year beginning after the department enters into the contract with the nonprofit organization under par. (b), and annually by no later than September 30 thereafter, the nonprofit organization shall submit a report to the department and the appropriate standing committees of the legislature under s. 13.172 (3) on all of the following information about the electronic platform under par. (b) from the immediately preceding fiscal year: 1. The number of unique universal product codes in the database under par. (b) 2. 2. The number of products added to and removed from the database under par. (b) 2. and the number of products for which the information in the database was updated due to reformulation. 3. The accuracy rate, including false positive and false negative rates, of the platform’s product eligibility determinations. 4. The cycle time to publish additions and updates under par. (b) 3. and 4. to participating retailers. 5. The number and percentage of participating retailers using the platform, disaggregated by all of the following: a. Participating retailers’ store count. b. Whether a participating retailer is independently operated or a part of a chain of retailers. c. Whether a participating retailer is located in an urban or rural setting. 6. Uptime, scheduled and unscheduled outages, incident counts and severities, mean time to resolution, and the results of any cybersecurity testing and 3rd-party risk assessments. 7. The error-trend analysis required under par. (b) 8. for the platform’s errors in product eligibility determinations, including all of the following: a. Any early warnings triggered, corrective actions taken, and the outcomes of those actions. b. A summary of audit trail activity and version control statistics demonstrating a clear historical record of changes. 8. A description of how the platform supported compliance with applicable federal requirements and any approved waiver of federal law from the U.S. department of agriculture, including metrics showing the platform’s contribution to the reduction of improper payments and benefit denials caused by errors in product eligibility determinations. 9. The volume and resolution of participating retailer and point-of-sale system vendor support tickets, a description of training delivered to participating retailers, and the results of any user satisfaction survey conducted by the nonprofit organization. 10. Confirmation of adherence to data governance requirements under state law and any applicable confidentiality requirements under federal law, a summary of any data-sharing agreements in effect, and any privacy incidents and responses. 11. Actual expenditures by major category compared to the approved budget under par. (d) 1. and an explanation of any material variance. 12. The status of any match, cost sharing, or private funds leveraged. 13. A plan for the next fiscal year that does all of the following: a. Identifies improvements to the accuracy and timeliness of product eligibility determinations, participating retailer coverage, and integration with participating retailers’ point-of-sale systems. b. Offers any recommended changes to state statutes or regulations or requests for a waiver of federal law to improve the performance of the electronic platform. 14. The number of manufacturers and producers in this state providing product data, disaggregated by company size and product category. 15. The number and percentage of products in the database under par. (b) 2. that are products produced in this state, including new products and reformulations. 16. A summary of any outreach or technical assistance provided to manufacturers and producers located in this state to support accurate data submission and product eligibility determinations. 17. Any identified trends in product eligibility determination errors involving items produced in this state, including any recommended improvements for manufacturers, producers, or retailers. 18. A description of any coordination with statewide organizations representing food manufacturers, agricultural producers, and participating retailers to improve the accuracy of the database under par. (b) 2. and reduce administrative burden.
The number of unique universal product codes in the database under par. (b) 2.
The number of products added to and removed from the database under par. (b) 2. and the number of products for which the information in the database was updated due to reformulation.
The accuracy rate, including false positive and false negative rates, of the platform’s product eligibility determinations.
The cycle time to publish additions and updates under par. (b) 3. and 4. to participating retailers.
The number and percentage of participating retailers using the platform, disaggregated by all of the following: a. Participating retailers’ store count. b. Whether a participating retailer is independently operated or a part of a chain of retailers. c. Whether a participating retailer is located in an urban or rural setting.
Participating retailers’ store count.
Whether a participating retailer is independently operated or a part of a chain of retailers.
Whether a participating retailer is located in an urban or rural setting.
Uptime, scheduled and unscheduled outages, incident counts and severities, mean time to resolution, and the results of any cybersecurity testing and 3rd-party risk assessments.
The error-trend analysis required under par. (b) 8. for the platform’s errors in product eligibility determinations, including all of the following: a. Any early warnings triggered, corrective actions taken, and the outcomes of those actions. b. A summary of audit trail activity and version control statistics demonstrating a clear historical record of changes.
Any early warnings triggered, corrective actions taken, and the outcomes of those actions.
A summary of audit trail activity and version control statistics demonstrating a clear historical record of changes.
A description of how the platform supported compliance with applicable federal requirements and any approved waiver of federal law from the U.S. department of agriculture, including metrics showing the platform’s contribution to the reduction of improper payments and benefit denials caused by errors in product eligibility determinations.
The volume and resolution of participating retailer and point-of-sale system vendor support tickets, a description of training delivered to participating retailers, and the results of any user satisfaction survey conducted by the nonprofit organization.
Confirmation of adherence to data governance requirements under state law and any applicable confidentiality requirements under federal law, a summary of any data-sharing agreements in effect, and any privacy incidents and responses.
Actual expenditures by major category compared to the approved budget under par. (d) 1. and an explanation of any material variance.
The status of any match, cost sharing, or private funds leveraged.
A plan for the next fiscal year that does all of the following: a. Identifies improvements to the accuracy and timeliness of product eligibility determinations, participating retailer coverage, and integration with participating retailers’ point-of-sale systems. b. Offers any recommended changes to state statutes or regulations or requests for a waiver of federal law to improve the performance of the electronic platform.
Identifies improvements to the accuracy and timeliness of product eligibility determinations, participating retailer coverage, and integration with participating retailers’ point-of-sale systems.
Offers any recommended changes to state statutes or regulations or requests for a waiver of federal law to improve the performance of the electronic platform.
The number of manufacturers and producers in this state providing product data, disaggregated by company size and product category.
The number and percentage of products in the database under par. (b) 2. that are products produced in this state, including new products and reformulations.
A summary of any outreach or technical assistance provided to manufacturers and producers located in this state to support accurate data submission and product eligibility determinations.
Any identified trends in product eligibility determination errors involving items produced in this state, including any recommended improvements for manufacturers, producers, or retailers.
A description of any coordination with statewide organizations representing food manufacturers, agricultural producers, and participating retailers to improve the accuracy of the database under par. (b) 2. and reduce administrative burden.
Beginning in 2031 and at least once every 4 years thereafter, the legislative audit bureau shall conduct a performance evaluation audit of the electronic platform under par. (b) to assess the accuracy, reliability, and administration of the platform. As part of the performance evaluation audit, the legislative audit bureau shall do all of the following: 1. Review data integrity controls within the database under par. (b) 2. 2. Assess whether product eligibility determinations are consistent with the list of eligible foods under 7 CFR 271.2 and any approved waiver of federal law from the U.S. department of agriculture. 3. Verify that version control practices in the database under par. (b) 2. create a clear historical record of changes.
Review data integrity controls within the database under par. (b) 2.
Assess whether product eligibility determinations are consistent with the list of eligible foods under 7 CFR 271.2 and any approved waiver of federal law from the U.S. department of agriculture.
Verify that version control practices in the database under par. (b) 2. create a clear historical record of changes.
The department shall encourage nonprofit organizations that are associated with statewide retail food industry associations to enter into the contract with the department under par. (b).
A participating retailer may not be held civilly liable, and the department may not take adverse action against a participating retailer, for selling or refusing to sell a product through the use of benefits under the food stamp program in violation of federal law or any approved waiver of federal law from the U.S. department of agriculture on the basis of an error by the electronic platform under par. (b) in determining the eligibility of the product.