West Virginia WIC Policy & Procedure 1.02 Effective Date: 7/9/2024 1.02 Channels of Communication POLICY: Channels of communication policy develops and implements an overarching flow of communication that includes the following: ● Standard Operating Procedures for providing and receiving information, ● Best Practices for Communication within WIC at all levels, and ● Creates connections among WIC employees at all levels within the local agency (LA) and between local and state agency (SA) staff. Communication is an important part of every organization and relationship. On every level, clear and concise communication is essential for optimal decision making and for successful program implementation with optimal service to our participants and community partnerships. In order to achieve program goals, provide necessary services and achieve desired outcomes all staff need to know what is required and why. Likewise, it is desirable for all staff to be actively engaged in the process of communication within their clinic teams, within the LA, with LA leadership and with the SA. It is only when all members share their knowledge and ideas that best practice and quality improvement can be achieved by a thorough understanding of all the information available so that decisions can be made by either consensus or by well informed leadership decisions which are made for the good of the whole group and program. LA personnel will contact the SA for technical assistance to resolve specific problems in determining applicant eligibility, implementing WIC services or inputting or extracting data from the Crossroads Management Information System. LA personnel, as designated by the LA Director, will contact the SA Help Desk if a clinic or clinics will be closed during regular, publicized operating hours as soon as the closure is known. PROCEDURE: A. State Agency Help Desk 1. All LA personnel will contact the SA for resolution of specific problems occurring within the WIC clinic. 2. The SA Help Desk will utilize Attachment #1- Calls and Questions Technical Assistance Contacts - to direct LA personnel to the appropriate SA technical assistant based on subject matter expertise. 3. Each SA staff member oversees the development, implementation and evaluation of a division, or area of operation, within the Office of Nutrition 1 of 2

West Virginia WIC Policy & Procedure 1.02 Effective Date: 7/9/2024 1.02 Channels of Communication Services. SA staff roles and responsibilities for LA technical assistance are outlined in Attachment #2 B. Local Agency WIC Clinic Closures 1. Local Agency personnel, as designated by the Local Agency Director, will contact the State Agency Help Desk if a clinic or clinics will be closed during regular, publicized operating hours as soon as the closure is known. This includes events such as, but is not limited to: a. Staff meetings b. Staffing shortages c. Natural disasters/weather-related emergencies d. Temporary or permanent changes to clinic hours 2. The State Agency Help Desk will send out notification via the One Call Now system to all affected participants when notification is received from the Local Agency. 3. The Local Agency will provide notification to participants via a social media post, a sign on the front door of the clinic, and/or message on the clinic answering machine. 4. Upon reopening, the Local Agency will contact participants to reschedule their appointments. ATTACHMENTS: 1. State Agency Staff Titles and Responsibilities 2. Calls and Questions Technical Assistance Contacts 2 of 2

West Virginia WIC Policy & Procedure 1.03 Effective Date: 5/28/2025 1.03 Confidentiality POLICY: Participant information will remain confidential to ensure compliance with Federal Regulations and to protect the right to privacy of WIC applicants/participants. Confidentiality requirements apply to information provided by an applicant/participant and that based on direct observation by WIC personnel. PROCEDURE: A. Administration or Enforcement of the WIC Program The disclosure of WIC applicant/participant information is limited to persons directly connected with the administration or enforcement of WIC, including those investigating or prosecuting violations in the WIC Program under Federal, State or local authority. These include: ● WIC personnel, managers and administrators who are responsible for the ongoing conduct of Program operations; and ● Volunteers who are responsible for the ongoing conduct of Program operations and who are trained and knowledgeable of the restriction on disclosure of information. B. WIC Program Written Agreement with a Health or Welfare Program Specific WIC applicant/participant information may be shared with a health or welfare program in which the State Agency has entered into a written agreement (see Policy 10.02, Coordination of Program Services). 1. The agreement specifies that the receiving program use WIC Program information only for the purpose of establishing the eligibility of WIC applicants/participants for the program which it administers and conducting outreach. 2. The agreement contains the receiving program’s assurance that it will not disclose the information to a third party. C. WIC Applicant/Participant Request for Release of Information to a Third Party An applicant/participant must submit a written request to the Local Agency for the release of information to be sent to a specific third party or organization, i.e. doctor. D. Release of Information to the WIC Applicant/Participant or Parent/Guardian 1. A WIC applicant or participant may ask to see or copy his/her own record, or a parent or

guardian may request access to, or a copy of, a child’s or infant’s record. 1 of 3 West Virginia WIC Policy & Procedure 1.03 Effective Date: 5/28/2025 1.03 Confidentiality

2. Assuming that any issues regarding custody or guardianship have been settled, such persons have the right of access to the following information. ● All information provided by the applicant/participant; and ● A medical record (forms completed by WIC personnel or health care providers for medical/nutrition risk assessment for determination of Program eligibility). Note: The Local Agency need not grant the participant or guardian access to any other information in the record, such as documentation of income provided by third parties or any information which serves as a staff assessment of the participant’s condition or behavior, unless required by State or local law or policy. 3. The requested information may be given directly to the applicant/participant or parent/guardian or to their representative (i.e. physician or lawyer) with a signed release. 4. A Consent for Release of Participant Information form (see attachment #1 1.03) will be completed for the participant’s chart when information is given to the applicant/participant or parent/guardian or their representative. WIC personnel releasing the information and the person receiving the information will sign the form. E. Requested Data in Aggregate or Summary Form Requested data in aggregate or summary form that excludes any items which would identify WIC Program applicants/participants may be granted upon approval by the State Agency. F. Release of Information to other State WIC Agencies The State Agency and/or Local Agency may release information to WIC agencies in other states for certification verification for the transfer of participants and/or to prevent and detect dual participation. The communication method(s) should permit the expedient release of information. 1. Local Agency staff may give information via the telephone, fax, or mail as requested by the other State without a release signed by the WIC participant. Information provided will be limited and pertinent (i.e., information contained on the VOC card). 2. Local Agency staff will document the name and phone/fax number of the person requesting the

information. Local Agency staff may return a call to the requesting agency prior to releasing the information if there is any doubt that it is not a WIC agency. 3. Local Agency staff will request that any unused WV WIC food instruments be returned. 4. Local Agency staff will terminate the WIC participant in Crossroads when such information is received from the requesting State WIC agency. 5. Upon detection of dual participation, the WIC participant will be terminated from one (1) WIC clinic (see Policy 1.11, Dual Participation). G. Release of Information to Child Protective Services 2 of 3 West Virginia WIC Policy & Procedure 1.03 Effective Date: 5/28/2025 1.03 Confidentiality

The State of West Virginia requires that any person who knows about, or has reason to suspect, child abuse or neglect report such information to Child Protective Services, whether the information is reported by a WIC applicant/participant or is observed by WIC personnel. 1. Requests for information from Child Protective Services pertaining to an investigation of suspected abuse or neglect which was reported by WIC personnel to Child Protective Services may be provided by WIC personnel. 2. Release of participant information to Child Protective Services must be evaluated on a case-by-case basis. Contact the State Agency immediately upon receipt of a request, for guidance. H. Request for Information Requiring Legal Counsel Assistance In the following circumstances, the Local Agency will contact the State WIC Agency immediately upon receipt of a request for information in order to contact legal counsel: ● Requests for information made by a third party, such as Child Protective Services, which might substantiate allegations of child abuse; and ● Receipt of a court-ordered subpoena or search warrant for information (see attachment #2 1.03). I. Consent to Receive Services Local Agencies (LA) may coordinate with hospitals to provide an opportunity for individuals eligible for WIC to be certified. In coordination with the hospital, each potential applicant must complete Consent to Receive Services (see Attachment #3 1.03 or Attachment#4 Spanish) ATTACHMENTS:

1. Consent for Release of Participant Information 2. Procedures for Responding to a Subpoena 3. Consent to Receive Services 4. Consent to Receive Services (Spanish) REFERENCES: 1. WIC Regulations 246.26, Other Provisions 2. FNS Instruction 800-1, Confidentiality 3. SFP 90-008, Confidentiality Issues 4. SFP 90-076, WIC Confidentiality Instruction 5. SFP 93-040, Procedures for Responding to a Subpoena 6. SFP 93-086, WIC Volunteers and Confidentiality 7. SFP 94-070, Responding to Subpoenas and Search Warrants in the WIC Program 3 of 3

West Virginia WIC Policy and Procedure 1.04 Effective Date: 7/24/20 1.04

Record Retention

1 of 2 POLICY:

The Local Agency will maintain full and complete records concerning Program operations in accordance with Federal guidelines.

PROCEDURE:

A. Retention of Records

1. Records maintained by the Local Agency will include, but not be limited to information pertaining to:

a. Financial operations; b. Food delivery systems; c. Food benefit issuance and redemption; d. Equipment purchases and inventory; e. Certification; f. Nutrition Education, including breastfeeding promotion and support; g. Civil Rights; and h. Fair hearing procedures.

B. Duration of Retention

1. All records will be retained for a minimum of three (3) years and one-hundred fifty (150) days following the date of submission of the final expenditure report for the period to which the report pertains.

2. If any litigation, claim negotiation, audit or other action involving the records has been started before the end of the three (3) year and one-hundred fifty (150) day period, the records will be kept until all issues are resolved, or until the end of the regular three (3) year and one-hundred fifty (150) day period, whichever comes later.

3. Records for nonexpendable property acquired in whole or in part with Program funds will be retained for three (3) years and one-hundred fifty (150) days after its final disposition.

C. Access to Records

All records, except medical case records of individual participants (unless they are the only source of certification data), will be available during normal business hours for representatives of the Department of Comptroller General of the United States to inspect, audit and copy.

D. Disposal of Records

Disposal of hard copy participant records will be restricted to methods (i.e., incineration or shredding) to ensure confidentiality.

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Record Retention

2 of 2 REFERENCES:

1. WIC Regulations 7 CFR 246.25 Records and Reports

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POLICY: The State Agency (SA) determines uniform procedures and sanctions to be applied to cases of program abuse by participants or applicants. A sanction, which is based on the severity of the abuse may range from education and warning letters to disqualifications from the program for a maximum of twelve months. If the SA determines that program benefits have been obtained or disposed of improperly as a result of a participant violation, the SA will establish a claim against the participant for the full value of such benefits. PROCEDURE: A. Abuses and Assigned Sanctions The State Agency will assign appropriate sanctions for the following parent/guardian/caretaker abuses upon completion of an investigation. Abuses 1-6 may also result in the repayment to the State WIC Agency for the value of food benefits improperly received/disposed of. The disqualification period for these abuses may also result in disqualification of up to one year, for a monetary claim of $100.00 or more. (see Section M). Abuse

Sanction

1. Intentionally making a false or misleading statement, or intentionally misrepresenting, concealing or withholding facts to obtain benefits: to include the misrepresentation of income, residency, family size, health status falsification of medical data or health, misrepresentation of date of birth so as to (a) to appear categorically eligible, or (b) to go undetected as a dual participant.

First Offense:

Three-month disqualification 2. Attempting to sell or actually selling or attempting to exchange or actually exchanging First Offense: Three to twelve-month disqualification.

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the eWIC benefit card, food, formula, or loaned breast pumps for cash or other items of value, to other persons or entities.

(Also, a misdemeanor crime under State law if WIC formula/baby food is sold at flea market or swap meet.)

3. Redeeming, or attempting to redeem WIC benefits for a participant no longer in the custody of parent/guardian; i.e. a child being removed from the home.

First Offense: Three to twelve-month disqualification. 4. Attempting to receive or actually receiving cash or credit from vendors toward purchase of unauthorized food or other items of value in lieu of authorized supplemental foods (does not include rain checks).

First Offense: Three-month disqualification 5. Attempting to steal or stealing WIC benefits from a LA or another participant (report theft to the police).

First Offense: Three-month disqualification 6. Dual participation (number of months disqualified from the Program depends on number of months dual benefits received).

First Offense:

Second Offense: Immediate removal from one clinic and one to three-month disqualification

Immediate removal from one clinic and one to three- month disqualification

7. Altering WIC benefits (date, quantity, type of food, participant name, etc.) for the purpose of First Offense:

Second Offense: One-month disqualification

Three-month disqualification

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showing false or misleading information.

8. Physical abuse of WIC or vendor staff. Physical abuse of WIC clinic or vendor property. Theft of WIC clinic or WIC staff property. (Report physical abuse of staff or property or theft of property to the police).

First Offense: Three-month disqualification (with re-application participant must change WIC clinic or vendor.) 9. Altering Prescription Formula Documentation Form (WIC-53) for the purpose of showing false or misleading information.

First Offense:

Second Offense: One-month disqualification

Three-month disqualification 10. Purchasing or attempting to purchase unauthorized foods with the eWIC benefit card (substituting an unauthorized brand of same type of food, such as cheese food for an allowable cheese). Exchanging or attempting to exchange food or formula purchased with the eWIC benefit card for unauthorized food or formula.

First Offense:

Second Offense:

Third Offense: Education and a warning letter

Education and a warning letter

One-month disqualification 11. Purchasing or attempting to purchase unauthorized foods with the eWIC benefit card (food items not in categories on food list, such as soda and chips). First Offense:

Second Offense:

Third Offense: One-month disqualification

Two-month disqualification

Three-month disqualification

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12. Purchasing or attempting to purchase non-food items with the eWIC benefit card (diapers, cigarettes).

First Offense:

Second Offense:

Third Offense:

One-month disqualification

Two-month disqualification

Three-month disqualification 13. Threatening physical abuse of WIC or vendor staff (includes throwing something in the direction of WIC or vendor staff).

First Offense:

Second Offense: Education and a warning letter and participant must change WIC clinic or vendor

Three-month disqualification (with re-application participant must change WIC clinic or vendor.)

14. Giving away foods/formula purchased with the eWIC benefit card, to other persons/entities.

First Offense:

Second Offense: Education and a warning letter

Three-month disqualification 15. Verbally abusing or harassing WIC staff or vendor staff (includes throwing something though it is not directed toward WIC or vendor staff).

First Offense:

Second Offense:

Third Offense: Education and a warning letter

One-month disqualification

Three-month disqualification

B. Repeated Occurrence

1. A repeated (second or third) occurrence within one (1) year of a serious abuse (abuses 1 - 6) of the first offense warrants a second or third abuse sanction, whichever is appropriate, even if the latest abuse is unrelated to the previous abuse.

2. A repeated (second or third) occurrence within one (1) year that does not involve fraudulent behavior on the part of the parent/guardian/caretaker (abuses 7-14) requires that a sanction only be imposed for second or third occurrences of the same abuse.

C. Situations Not Addressed 1. Contact the State Agency for guidance when confronted with a situation not addressed.

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D. Parent/Guardian Two/Caretaker/Proxy Abuse

1. Inform the parent/guardian that any abuse committed by their parent/guardian two/caretaker/proxy(ies) may result in the termination of their benefits and/or civil criminal prosecution.

E. Anonymous Tips of Program Abuse

1. Anonymous tips of alleged abuse must be investigated, but if not verified a sanction may not be imposed. In such cases, counseling may be the only appropriate action taken.

F. Documentation of Program Abuse

1. Program abuse will be documented and maintained at the State Agency by the State Agency Program Integrity Coordinator and the Policy and Procedure Coordinator.

2. Documentation may include:

a. Parent/Guardian name and WIC identification number; b. Type and date of abuse; c. Witnesses; d. Findings of the investigation; and e. All verbal and written communications with the parent/guardian and/or caretaker.

3. If the Local Agency staff discover posts for formula and other WIC foods for sale in their local paper or on social media sites such as Facebook, Craig’s List, E- Bay, etc., the Local Agency staff should check the Crossroads system to determine if the seller is a WIC participant in their area.

a. Verify if the seller is a WIC participant who was issued this type of food, formula, and/or loaned breast pump by reviewing the Food Benefit History or Electric Pump Loan Agreements.

b. Forward all information regarding this abuse to the State WIC Agency Program Integrity Coordinator. The State WIC Agency Program Integrity Coordinator will then follow-up on the information that has been provided, and then determine the appropriate sanction. c. If the seller is a WIC participant who was issued and redeemed Food Benefits for food, and/or formula, or received a loaned breast pump, the State Agency (SA) will issue a Disqualification for Program Abuse letter to the participant.

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The “preponderance of evidence” suggests that this is WIC food, formula and/or loaned breast pump; therefore, it is the responsibility of the participant to prove it is not WIC food, formula and/or loaned breast pump.

d. The SA will calculate the amount owed to the Program by obtaining the redemption price of the breast pump, formula or food at the time the Food Benefits were redeemed. A letter will be sent to the participant that will detail the amount that must be repaid to the West Virginia State WIC Program. If this amount exceeds $100.00, the disqualification period will be a mandatory twelve (12) months. Note: the SA may decide not to impose a mandatory disqualification if, within 30 days of receipt of letter demanding repayment, full restitution is made or a repayment schedule is agreed on. If a repayment schedule is agreed on, the participant will be advised that the original sanction will be imposed if a payment is missed (see Attachment #1). e. If the participant is an infant, child, or under age 18, upon approval from the State agency, a caretaker may be designated in place of the parent/guardian being disqualified for continued benefits.

G. Warning Letter for Program Abuse and Disqualification Letter for Program Abuse

1. A warning or disqualification letter, whichever is appropriate, will be issued to the parent/guardian by the State Agency or Local Agency Director. If the Local Agency Director is issuing a letter, a copy must be sent to the State Agency and a copy scanned into the participant file.

a. The warning letter will describe the abuse, the possibility of disqualification and prosecution if the abuse is repeated and the correct procedure to follow.

b. The warning letter must be issued within ten (10) days of the Local Agency or State Agency receipt of the documentation of abuse. c. The disqualification letter will state the reasons for this action and the parent/guardian's right to request a fair hearing.

d. The parent/guardian must receive a written advance notice not less than fifteen (15) days prior to disqualification.

e. The letter must be signed by the Local Agency or State Agency Director.

H. Prior to Disqualification

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1. Prior to disqualification of a parent/guardian for Program abuse, the State and/or Local Agency must collect a written account of events, copies of the Participant Agreement (WIC-05), and signed eWIC Benefit Balance Receipts that pertain to the abuse.

2. The State Agency will then disqualify the parent/guardian.

3. The effective date of disqualification will be at least eighteen (18) days from the date of the disqualification letter to allow for the mailing period.

I. Fair Hearing

1. A disqualified payee will be given full opportunity to appeal a disqualification (see Policy 1.07, Fair Hearing Policy for Applicants and Participants).

2. A parent/guardian who appeals the disqualification within the fifteen (15) day advance adverse action notification period will continue to receive benefits until the Hearing Officer reaches a decision, or the certification period expires, whichever occurs first.

3. A parent/guardian must adhere to the Program rules while awaiting a hearing decision. Other sanctions that are applied when abuses are committed may be enforced while that person participates, pending a hearing decision.

4. A parent/guardian may not appeal sanctions that do not affect their Program eligibility.

J. Reinstatement

1. There is no automatic reinstatement to the Program for a disqualified parent/guardian when participation ends as a result of Program abuse.

2. Disqualified individuals may apply for benefits at the end of the disqualification period.

3. If waiting lists are in place, this applicant is placed at the end of the list.

4. The State agency may permit a participant to reapply for the Program before the end of a mandatory disqualification period if full restitution is made or a repayment schedule is agreed upon or, in the case of a participant who is an infant, child, or under age 18, the state agency approves the designation of a caretaker.

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5. A complete assessment must be performed to determine eligibility.

K. Disqualification in Error

1. When the Local Agency Director determines that a parent/guardian has been disqualified in error, the participant(s) will be reinstated immediately. Retroactive benefits may not be issued to a parent/guardian disqualified in error.

L. Monetary Claims

1. A parent/guardian who misrepresents their circumstances in order to receive food benefits may be required to pay the cash value of improperly received benefits to the State. Whenever the SA establishes a claim of $100.00 or more, the SA will disqualify the participant for one year. REFERENCES: 1. WIC Regulations 7 CFR 246.2, Definitions 2. WIC Regulations 7 CFR 246.7 (h), Participant Eligibility 3. FNS Instruction 803-9, Actions Which Affect Participation in Mid-Certification 4. Article 7, Chapter 16 of the code of West Virginia 1931, Section 8

ATTACHMENTS: 1. Repayment Agreement

West Virginia WIC Policy & Procedure 1.07 Effective Date: 7/24/20 1.07 Fair Hearing Policy for Applicants and Participants

1 of 5 POLICY:

The State Agency will provide a hearing procedure through which 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 benefits or results in the individual’s denial of participation or disqualification from the Program.

DEFINITIONS:

Hearing System: The State Agency will provide for either a hearing at the State level or a hearing at the local level which permits the individual to appeal a decision to the State Agency. The State Agency may adopt local level hearings in some areas, such as those with large caseloads, and maintain only State level hearings in other areas.

Request for a Fair Hearing: Any clear expression by the individual, the individual’s parent, caretaker, or other representative, that he or she desires an opportunity to present his or her case to a higher authority. The State or Local Agency will not limit or interfere with the individual’s freedom to request a hearing.

PROCEDURE:

A. Notification of Right to Request a Fair Hearing

1. At the time of the claim against an individual for improperly issued benefits or at the time of participation denial or of disqualification from the Program, the State or Local Agency will inform each individual in writing of the right to a fair hearing, of the method by which a hearing may be requested, and that any positions or arguments on behalf of the individual may be presented personally or by a representative such as a relative, friend, legal counsel or other spokesperson. Such notification is not required at the expiration of a certification period.

B. Time Limit for Requesting a Fair Hearing

1. The State and Local Agency will provide individuals a reasonable period of time to request fair hearings.

2. Individuals will have 60 days from the date the agency mails or gives the applicant or participant the notice of adverse action to request a hearing.

C. Denial or Dismissal of Request

1. The State or Local Agency will not deny or dismiss a request for a hearing unless: a. The request is not received within 60 days from the date the agency mails or gives the applicant or participant the notice of adverse action; b. The request is withdrawn in writing by the appellant or a representative of the appellant; c. The appellant or representative fails, without good cause, to appear at the scheduled hearing; or

West Virginia WIC Policy & Procedure 1.07 Effective Date: 7/24/20 1.07 Fair Hearing Policy for Applicants and Participants

2 of 5 d. The appellant has been denied participation by a previous hearing and cannot provide evidence that circumstances relevant to Program eligibility have changed in such a way as to justify a hearing.

D. Continuation of Benefits

1. Participants who appeal the termination of benefits within the 15 days advance adverse action notice period (see Policy 1.06 Participant Sanctions) must continue to receive Program benefits until the hearing official reaches a decision or the certification period expires, whichever occurs first.

2. Continuation of benefits does not apply to applicants denied benefits at initial certification, participants whose certification periods are expired, or participants who become categorically ineligible for benefits.

a. Applicants may appeal the denial or termination within 60 days timeframe (see C. Time Limit for Requesting a Fair Hearing) but will not receive benefits while awaiting the hearing or its results.

E. Rules of Procedure

1. The State Agency and the Local Agency will process each request for a hearing under uniform rules of procedure and will make these rules of procedure available for public inspection and copying.

2. Upon receipt of a request for a fair hearing, the State Agency designee, or Local Agency Director or a designee will complete the section of the IG-BR-29 Hearing/Grievance Request Notification form (http://intranet.wvdhhr.org/oig/bor) that is designated to be completed by a Department Representative.

3. The Local Agency will send or give the applicant/participant Fair Hearing Procedures for the West Virginia WIC Program (WIC-29) upon receipt of a request for a fair hearing.

4. The following must be sent to the Board of Review central office and the State Agency within forty-eight (48) hours upon receipt of a request for a fair hearing:

a. Completed IG-BR-29 Hearing/Grievance Request Notification; b. Copy of ineligibility or disqualification notice that prompted the request; and c. Copy of the claimant’s hearing request, if written.

5. A copy of the above items will be retained by the State Agency Program Integrity Coordinator and the State Agency Policy and Procedure Coordinator.

F. WIC Personnel

West Virginia WIC Policy & Procedure 1.07 Effective Date: 7/24/20 1.07 Fair Hearing Policy for Applicants and Participants

3 of 5 1. The State Agency Program Integrity Coordinator and/or the State Agency Policy and Procedure Coordinator will attend the hearing in order to explain why the appellant was disqualified from the WIC Program.

a. WIC personnel will appear at the hearing to testify regarding the disqualification.

b. WIC personnel will explain the decision-making process as it pertains to the appellant, how, and why the decision was made to disqualify said appellant from the Program.

c. WIC personnel will inform the Hearing Officer of the policy and procedure upon which they relied to make the decision regarding the appellant.

G. Hearing Officer

1. Hearings shall be conducted by an impartial official from the West Virginia DHHR Board of Review who does not have any personal stake or involvement in the decision and who was not directly involved in the termination of the action being contested.

2. The Hearing Officer will:

a. Have access to the West Virginia WIC Policy and Procedure Manual via the West Virginia WIC Program website at: https://dhhr.wv.gov/WIC/policyprocedure/Pages/default.aspx;

i. A copy of this fair hearing policy will be included with the written notice to the appellant;

b. Administer oaths or affirmations if required; c. Ensure that all relevant issues are considered; d. Request, receive and make part of the hearing record all evidence determined necessary to decide the issues being raised; e. Regulate the conduct and course of the hearing consistent with due process to ensure an orderly hearing; f. Order, where relevant and necessary, an independent medical assessment or professional evaluation from a source mutually satisfactory to the appellant and the State Agency; and g. Render, a hearing decision which will resolve the dispute.

H. Conduct of the Hearing

1. The State Agency will ensure that the hearing location is accessible to the appellant and is held within three (3) weeks from the date the State of Local Agency received the request for a hearing.

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4 of 5 2. The State Agency will provide the appellant with a minimum of ten (10) days advance written notice of the time and place of the hearing and will enclose an explanation of the hearing procedures with the notice.

a. The appellant and/or representative will have an opportunity to reschedule a fair hearing date a maximum of two (2) times.

3. The State Agency shall also provide the appellant or representative an opportunity to:

a. Examine, prior to and during the hearing, the documents and records presented to support the decision under appeal; b. Be assisted or represented by an attorney or other persons; c. Bring witnesses; d. Advance arguments without undue interference; e. Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and f. Submit evidence to establish all pertinent facts and circumstances in the case.

I. Fair Hearing Decisions

1. Decisions of the hearing official shall be based upon the application of appropriate Federal Law, regulations and policy as related to the facts of the case as established in the hearing record.

2. The State Agency will retain the hearing record in accordance to Policy 1.04 Record Retention and will make these records available for copying and inspection to the appellant or representative at any reasonable time.

a. The record for a final decision by the hearing official can include the verbatim transcript or recording of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, along with all papers and requests filed in the proceeding.

3. The decision by the hearing officer will summarize the facts of the case, specify the reasons for the decision, and identify the supporting evidence and the pertinent regulations or policy. The decision will become part of the record.

4. Within forty-five (45) days of the receipt of the request for the hearing, the State Agency and appellant or representative will be notified in writing of the decision and reasons for the decision. a. If the decision is in favor of appellant and benefits were denied or discontinued, benefits will begin immediately. b. If the decision concerns disqualification and is in favor of the agency, as soon as administratively feasible, the local agency will terminate any continued benefits, as decided by the hearing official.

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5 of 5 c. If the decision regarding repayment of benefits by the appellant is in favor of the agency, the State Agency will resume its efforts to collect the claim, even during pendency of an appeal of a local-level fair hearing decision to the State Agency.

J. Appeal of Unfavorable Fair Hearing Decision

1. The appellant can appeal a Local hearing decision to the State Agency.

a. The request for appeal must be made within 15 days of the mailing date of the hearing decision notice.

2. If the decision being appealed concerns disqualification from the Program, the appellant will not continue to receive benefits while an appeal to the State Agency of a decision rendered on appeal at the Local level is pending.

3. The decision of the of a hearing official at the Local level is binding on the State and Local Agency unless it is appealed to the State level and overturned by the State hearing official.

4. The State Agency will make all hearing records and decisions available for public inspection and copying.

a. The names and addresses of participants and other members of the public will be redacted and kept confidential.

K. Judicial Review

1. If a State level decision upholds the agency action and the appellant expresses an interest in pursuing a higher review of the decision, the State Agency will explain any further State level rehearing process.

2. If these are either unavailable or have been exhausted, the State Agency will explain the right to pursue judicial review of the decision.

REFERENCES:

1. WIC Regulations 7 CFR 246.9, Fair Hearing Procedure for Participants 2. WIC Regulations 7 CFR 246.25, Records and Reports

West Virginia WIC Policy & Procedure 1.08 1.08

Civil Rights Effective Date: 1/30/2026 POLICY:

The Local Agency will adhere to requirements set forth in FNS Instruction 113-1, dated 11/8/2005, which incorporates USDA policies and prohibitions against discrimination, by authority of Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act, Title IX of the Education Amendment of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, The Civil Rights Restoration Act of 1987, The Food Stamp Act of 1977, Enforcement of Title VI of the Civil Rights Act of 1964 (65 F.R. 50123) and USDA Regulations.

DEFINITIONS:

Complaint (see FNS 113-1, page 4, item H): A verbal or written allegation of discrimination that indicates an FNS-conducted or -assisted program is administered or operated in such a manner that it results in disparity of treatment or services being provided to persons or groups of persons because of their protected bases.

Discrimination (see FNS 113-1, page 4, item M): The act of distinguishing one person or group of persons from others, either intentionally, by neglect, or by the effect of actions or lack of actions based on their protected bases. Grassroots Organization (see FNS 113-1, page 5, item P): An organization at the local level that interacts directly with potential eligibles or participants, such as an advocacy organization, community action program, civic organization, migrant group, religious organization, neighborhood council, or other similar group.

Disability (see FNS 113-1, page 4, item L): A physical or mental impairment that substantially limits one or more of an individual’s major life activities, having a record of such impairment, or being regarded as having such an impairment.

PROCEDURE:

A. Civil Rights Coordinator/504 Coordinator

1. The Local Agency Director will appoint an individual to act as the Local Agency Civil Rights Coordinator/504 Coordinator.

a. The Coordinator’s name will be submitted in writing to the State Agency Director. The State Agency Director will be notified of personnel changes and/or vacancies in this appointment.

b. The Local Agency Civil Rights Coordinator/504 Coordinator will: i. Maintain the Civil Rights File; ii. Provide civil rights training; iii. Handle all civil rights complaints; iv. Disseminate information requested by personnel and/or public; and Perform other liaison functions as needed

B. Civil Rights File

1.A Civil Rights File maintained at the Local Agency will contain the following documents:

a.FNS Instruction 113-1, dated 11/08/2005; 1 of 7

West Virginia WIC Policy & Procedure 1.08 1.08

Civil Rights Effective Date: 1/30/2026 b.Grassroots Organization Directory; and c. Local Agency 504 Evaluation (see Attachment #1 1.08).

2.A copy of each complaint and decision received will be maintained on file for at least

three (3) years plus the current year.

C. Public Notification and Outreach

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. a. When space prohibits use of the lengthy statement, the following statement may be used, in print size no smaller than the text: “This institution is an equal opportunity provider, employer, and lender.” Radio and television advertising must contain the statement, but in cases where time constraints are imposed, the statement may be reduced to the following:

“This institution is an equal opportunity provider, employer, and lender.”

1. And Justice For All Poster

At least one (1) And Justice For All poster will be visibly posted in each Local Agency WIC clinic in an area that is frequented by applicants/participants.

2. Limited English Proficiency/Interpretation Services

a. Limited English Proficiency (LEP) are persons whose proficiency in speaking, reading, writing, or understanding English, as a result of national origin, is such that it would deny or limit their meaningful access to WIC services if language assistance were not provided. 2 of 7

West Virginia WIC Policy & Procedure 1.08 1.08

Civil Rights Effective Date: 1/30/2026

b. The State Agency will at a minimum yearly assess the language needs of West

Virginia WIC participants and determine appropriate measures to meet the

language needs of LEP participants. Decisions about the extent of language assistance provided will consider the following factors:

i. The types and number of languages spoken ii. The size of the LEP population iii. Clinic size iv. Staffing and other available resources v. The frequency in which local agencies encounter LEP persons.

c. It is the responsibility of the WIC Program to provide interpreters for WIC Services. Applicants and clients must be informed of the right to request an interpreter at no charge to them. However, WIC will only pay for interpreters who are scheduled by the WIC staff.

i. Interpreters will be provided by the Local Agency upon request with 5 days prior notice. ii. Interpreters will wait no more than 30 minutes after the scheduled appointment

time. iii. Failure to show up within 30 minutes for an appointment in which an interpreter is

scheduled may result in not having an interpreter scheduled for future

appointments if this happens three (3) times. iv. Bilingual WIC staff who are trained and competent in the skill of interpreting are

considered acceptable interpreters. v. A family member or friend is not considered an acceptable interpreter unless the

applicant/participant specifically requests that person to interpret; use of another

WIC participant, a volunteer or any other non-professional as interpreter is not

permitted due to confidentiality issues, unless this is requested by the

applicant/participant. vi. WIC staff may access telephone interpreter services through the State of West

Virginia contracted telephone interpreter service, if this is acceptable to the

participant. vii. WIC Services will not be denied when an interpreter is not available.

d. Document the participant’s preferred read and spoken language on the Family Demographics Screen. If Language Read and/or Language Spoken is not English or Spanish, use the “yellow sticky note” to document the preferred language.

3. Non-English or Limited English-Speaking Persons

Where a significant portion of the population of the local WIC service area is composed of non-English or limited English-speaking persons who speak the same language, the Local Agency will ensure that all required WIC Program information is provided to such persons in the appropriate language orally and in writing.

a. Bilingual personnel or interpreters will be available to serve these persons. b.

c. All rights and responsibilities listed on the Participant Agreement (WIC-05) will

be read to those applicants in the appropriate language.

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West Virginia WIC Policy & Procedure 1.08 1.08

Civil Rights Effective Date: 1/30/2026 4. Underrepresented Populations

Agencies or organizations in the Local Agency geographic area which specifically serve racial/ethnic groups or other protected groups underrepresented in the general population will be identified by the Local Agency. The Outreach Coordinator will be responsible for adding such agencies or organizations to the Community Network Agencies list (see Attachment #1, 7.03) to ensure that equal efforts are made to inform underrepresented populations of WIC services and benefits

D. Data Collection

1.Racial/ethnic data must be collected by the Local Agency during WIC Program certification through self-reported identification.

a. Applicants/participants will be asked to self-identify their racial/ethnic group only after it has been explained, and they understand that the collection of this information is strictly for statistical reporting requirements and has no effect on the determination of their eligibility to participate in the Program. b. Racial/ethnic data will be reported in the Crossroads Participant Demographics Screen. c. The State WIC Agency will produce a racial/ethnic report for each Local Agency.

E. Compliance Reviews

1. The Local Agency will be monitored on civil rights during the State Agency Local Agency Program Review and Local Agency Internal Review. See Policy 9.01 State Agency Review of Local Agency Program, Attachments 2 and 4.

a. The Civil Rights Notebook will be examined to see that it contains the

appropriate documents. b.The Monitor will look for appropriate use of the FNS-approved nondiscrimination statement and the posting of the And Justice For All poster. c. The Monitor will inquire about methods used to collect racial/ethnic data. d.The Monitor will ask several questions to assess if there are any operational procedures which have either deliberately or unknowingly resulted in discrimination. e.The Local Agency will address deficiencies found during the monitoring and write a plan for corrective action.

F. Civil Rights Training

1. The Local Agency Civil Rights Coordinator will:

a. Provide civil rights training to all new WIC personnel; b. Provide annual civil rights training to all Local Agency staff. Annual training will be due in the same calendar month each year. Training may be as a group or by individual. All persons must complete training between the first and last day of the calendar month. Training may occur earlier (less than 12 months from the last training) but will be due again no later than the same calendar month in the next year (See Policy 1.19, WIC Staff Training); and c. Use the training curriculum provided by the State Agency or obtain prior approval

on other Civil Rights Training curriculum.

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West Virginia WIC Policy & Procedure 1.08 1.08

Civil Rights Effective Date: 1/30/2026 2.Civil rights training will include, but not limited to, the following:

a. Collecting and using racial/ethnic data b. Effective public notification systems c. Complaint procedures d. Compliance Review Techniques e. Resolution of noncompliance f. Requirements for reasonable accommodation of persons with disabilities g. Requirement for language assistance h. Conflict resolution, and i. Customer Service

G. Civil Rights Complaints

The Local Agency will accept written and verbal complaints of discrimination lodged against the State Agency, Local Agency, and WIC clinic or retail store. Such complaints may be filed by State Agency and Local Agency employees and potential employees, program applicants, participants, caretakers or anyone who observes discrimination in the delivery of Program benefits.

1. The Local Agency will use the following procedures for accepting civil rights complaints.

a. The State Agency/Local Agency must accept all civil rights complaints filed within one-hundred eighty (180) days of the alleged discriminatory action. b. Civil rights complaints must be accepted whether written, verbal, identified or anonymous. c. Verbal or phoned complaints or allegations in which the complainant refuses or is not inclined to put in writing will be written by the WIC personnel taking the complaint. d. WIC personnel taking the verbal complaint will attempt to obtain the following information:

i. Name, address and phone number of the complainant or other means of

contacting the complainant; ii. The specific name and location of service delivery site; iii. Nature of the action that led the complainant to feel that discrimination was a

factor; iv. Basis on which complainant feels discrimination exists (race, sex [including gender identity and sexual orientation], age, color, national origin, disability, or retaliation); v. Names, titles and business address of person(s) who may have knowledge of discriminatory action; and vi. Dates during which the alleged discriminatory actions occurred, or if continuing, the duration of such actions.

2. If the complainant wishes to file a written Civil Rights program complaint of discrimination, they can complete the USDA Program Discrimination Complaint Form, found online at How to File a Program Discrimination Complaint, or at any USDA office, or they can call (866) 632-9992 to request the form. They can also write a letter containing all of the information requested in the form. They should send their completed complaint form or letter by mail to U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 5 of 7

West Virginia WIC Policy & Procedure 1.08 1.08

Civil Rights Effective Date: 1/30/2026 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov.

Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

3. Documentation of Civil Rights complaints at the Local Agency will be maintained by the Local Agency Director as part of the Civil Rights Notebook. See Policy 9.01 State Agency Review of Local Agency Program, Attachments 2 and 4.

4. Copies of each civil rights complaint will also be sent to the following within 5 calendar days upon receipt of the complaint: Regional Civil Rights Officer Food and Nutrition Service Mid-Atlantic Region Mercer Corporate Park 300 Corporation Boulevard Robbinsville, NJ 08691-1598

Director, State WIC Program 350 Capitol Street, Room 515 Charleston, WV 25301-3717

5.Contact the State Agency immediately with any questions.

H. Applicants/Participants with Disabilities

1. The Local Agency will make provisions to screen for applicants with disabilities and

provide all WIC services to all participants with disabilities.

2. A self-evaluation of Program accessibility will be conducted for each Local Agency WIC clinic using the Local Agency 504 Evaluation (see Attachment #1).

a. The self-evaluation will be maintained in the Local Agency Civil Rights File. b. A copy will be sent to the State Agency. c. Once evaluated, there is no requirement for a re-evaluation unless the facilities are changed to increase or decrease the provision of service to applicants/participants with disabilities as stated in the self-evaluation currently on file. d. New WIC clinics will be evaluated as they are opened.

3. If a WIC clinic is not accessible to a person with a disability, a written Local Agency

policy will be developed that describes how services will be provided to the person with a disability.

a. These alternate services may include, but are not limited to:

i. Service at other sites; ii. Service in other accessible locations within the same WIC clinic; or iii. Home visits.

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West Virginia WIC Policy & Procedure 1.08 1.08

Civil Rights Effective Date: 1/30/2026 b. In choosing among available methods, give priority to those methods that offer programs and activities to qualified people with disabilities in the most integrated setting appropriate to obtain the full benefits of the WIC Program.

c. The policy should be flexible to cover all types of disabilities and allow reasonable accommodations, for example:

i. Provision of interpreters for applicants/participants who are deaf; ii. Readers or braille for applicants/participants who are visually impaired; iii. Other special learning equipment.

I. Closure or Relocation of a Clinic

In the event of a clinic permanently closing or a relocation, Attachment 2 Civil Rights Impact Assessment (CRIA) form must be completed and submitted to the State Agency Director prior to the closing or relocation. (See 6.11 Purchasing Regulations Section E.)

REFERENCES:

1. Federal Regulations: 7 CFR Part 15 b Section 504 of the Rehabilitation Act of 1973.FNS Instruction 113-1, dated 11/08/2005, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities 2. SFP 95-123, People with Disabilities 3. SFP 96-009, Use of the USDA’s Nondiscrimination Statement 4. SFP 97-136, USDA’s Nondiscrimination Statement 5. DR 4300-3, 1999 Equal Opportunity Public Notification Policy 6. FNS Memo, dated 05/24/2013, USDA Nondiscrimination Statement Update

ATTACHMENTS:

1. Local Agency 504 Evaluation

2. Civil Rights Impact Assessment

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West Virginia WIC Policy & Procedure 1.09 1.09 Waiting List Management Effective Date: 6/18/24 POLICY: When the State Agency is serving the maximum caseload supported by federal funds, a waiting list will be implemented. The decision for a waiting list is determined by available food funds and food processing costs. Crossroads will maintain a waiting list of individuals following a nutrition risk assessment, expressed interest in receiving WIC Program benefits, and who are likely to be eligible. However, in no case will an applicant who requests placement on the waiting list be denied inclusion. The Competent Professional Authority (CPA) will apply the nutrition risk priority system (see Policy 2.02 Priority System) to the waiting list applicants/participants to ensure that the highest priority applicants become WIC Program participants first when caseload slots become available. Applicants will be notified upon completion of the screening/appointment, or no more than 20 days from screening date, of their placement on a waiting list. Current WIC participants will not get preferential treatment; when a participant's certification period has ended, the participant becomes an applicant. PROCEDURE: A. The Waiting List 1. The waiting list procedure will be explained to the applicant/participant once risk and priority are assigned. WIC staff will explain why placement on a waiting list is necessary and what are realistic expectations for receiving WIC Program benefits. All applicants/participants who request to be placed on the waiting list will be placed on the waiting list. 2. The waiting list will be maintained on the Wait List Screen in Crossroads and will include: the applicant’s/participant’s name,address, email address and/or phone number, WIC category, and the date he/she was placed on the waiting list. a. WIC conditions are pregnant, breastfeeding, non-breastfeeding postpartum, infant or child. 3. Out-of-state participants with a current Verification of Certification (VOC) who contact the Local Agency will be placed on the waiting list and enrolled ahead of all other applicants/participants, regardless of their priority. 4. An individual Nutrition Care Plan must be completed by the Nutritionist (CPA) or the Nutrition Associate (CPA) for every applicant/participant documenting placement on the waitlist. 5. All applicants/participants placed on the waiting list will be given referral information throughout the screening and nutrition risk assessment to other programs and local resources such as: Medicaid, Right from the Start (RFTS), Head Start, SNAP, EPSDT food banks, the Gabriel Project and a HealthCare Provider as appropriate. All referrals must be documented on the Referral Program screen in Crossroads. 1 of 2

West Virginia WIC Policy & Procedure 1.09 1.09 Waiting List Management Effective Date: 6/18/24 6. WIC staff must issue a Waitlist Notification from the Crossroads Computer System upon completion of screening or appointment. 7. Crossroads will automatically remove applicants from the waiting list screen the day after the waiting list certification ends. All applicants will need to reapply after their waiting list certification end date. B. Transition off Waiting List to WIC Program Participant 1. When an opening(s) becomes available, the State Agency will activate the waitlist clients certification on the Wait List screen in Crossroads based on 1) VOC, 2) highest priority, 3) the longest days waiting, and for children 4) age. The State Agency will notify the local agency waiting list administrator of the participants whose certification has been activated. 2. The Nutritionist/Nutrition Associate (CPA) will contact the applicant(s)/participant(s) transitioned from the waitlist. An individual Nutrition Care Plan must be completed by the Nutritionist (CPA) or the Nutrition Associate (CPA) for every participant documenting removal from the waitlist, complete the Prescribe Food screen, issue benefits and schedule future appointments. Participants cannot be denied benefits during an active certification period. a. The participant will be contacted via address, phone number, or email address; whichever is their preferred contact method. REFERENCES: 1. WIC Regulations 246.7, Certification of Participants 2. FNS Instruction 803-6, Waiting Lists 3. USDA Policy Memorandum 92-1, WIC Appointments and Waiting Lists 4. Virginia WIC Policy ADM 02.1 Waiting Lists, August 2013 5. North Carolina WIC Program Manual, Chapter 6E: Certification/Participation – Certification In Special Situations, Section 3: Waiting Lists, October 2022 2 of 2

West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

POLICY:

The purpose of this policy is to provide guidance for West Virginia WIC State and Local Agencies in responding to disaster situations which may include natural, Public Health, supply chain disruptions, particularly those involving infant formula. It also outlines WIC’s role regarding coordination and planning for natural disasters.

This Alternative Operating Procedure (AOP) policy outlines the Continuity of Operations (COOP) priority for the Office of Nutrition Services (ONS), within the West Virginia Department of Health, which is to provide continued Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) services and a healthy and safe environment for participants and staff in the clinics, distribution sites, authorized grocery stores, and local, regional, and state offices. The AOP policy is used as a guide to help ensure that all essential functions of ONS and its Programs will continue to be performed under all threats and conditions. ONS staff can achieve the latter while also minimizing the impact on its mission, participants, Programs, personnel, and information technology operations. Critical employees have been identified in the event of a disaster.

The ONS, in the event of an emergency or major disaster affecting large numbers of participants, will take those resources necessary to:

A. Provide for the safety of personnel and equipment; B. Secure records, equipment, materials and supplies; C. Restore WIC Program operations and delivery of service as soon as possible; D. Support the emergency procedures of the Bureau for Public Health, Center for Threat Preparedness and the West Virginia Office of Emergency Medical Services.

The extent of disaster preparation depends on the type of disaster.

E. When there is advance notice that a WIC clinic may be damaged by a flood, WIC personnel will attempt to remove vehicles, computer equipment, participant charts, medical supplies and equipment to a secure location. F. When a WIC clinic is struck by lightning which causes a fire, there is no time to make advance preparations. In this case, it is important that all people inside the building leave immediately and call the fire department.

When there is advance notice that a disaster may occur, the Local Agency Director will take immediate action upon receipt of the notice.

During a disaster, the mission of the West Virginia WIC Program remains the same:

To improve the health of women, infants and children in West Virginia by providing quality nutrition and breastfeeding counseling and education; as well as health monitoring and nutritious foods.

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West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

This Office of Nutrition Services Alternative Operating Procedure policy will be reviewed and updated as required.

PROCEDURE:

A. Role of the USDA Food and Nutrition Service (FNS) in Disaster Response

USDA’S Food and Nutrition Service (FNS) provides food assistance to those in need in areas affected by a disaster. This Federal assistance is in addition to that provided by State and local governments.

USDA provides disaster food assistance in the following ways:

• USDA Foods are currently stored in every state and U.S. territory and may be used by state agencies or local disaster relief organizations to provide food to shelters or families/individuals who are sheltering in place. • If retail food stores are operating in the impacted area, state agencies may request to operate a Disaster Supplemental Nutrition Assistance Program (D-SNAP). • A state or U.S. territory may request additional disaster waiver flexibilities to assist existing SNAP households affected by a disaster to have their regular program benefits replaced if food purchased with benefits was destroyed. • At the request of a state or U.S. territory and in the event of a Presidential Disaster Declaration for individual assistance, FNS may approve a waiver that allows SNAP households to purchase hot, prepared foods for immediate consumption for a period of time. •In certain circumstances, FNS can also provide infant formula and food within 96 hours of a request by FEMA or a state agency. B. Role of WIC in Disaster Response

Although the WIC Program is not designed to be a disaster assistance program, and therefore is not considered a first line of defense, WIC policies are designed to allow State agencies flexibility in program design and administration to support continuation of benefits to participants during times of natural or other disasters.

1. WIC is not designed or funded to meet the basic nutritional needs of disaster victims who would not otherwise be eligible for the Program.

a. There is no legislatively mandated role for WIC in disaster relief, nor is there legislative authority for using WIC food funds for purposes other than providing allowable food benefits to categorically eligible participants. 2 of 11

West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

b. No additional WIC funds are designated by law for WIC disaster relief, and WIC must operate in disaster situations within its current Program context and funding. c. WIC is not to be considered a first-line defense to respond to the nutritional needs for disaster victims, including the provision of infant formula.

2. There are important ways that the State Agency and Local Agency can contribute to a disaster relief effort (See Policy and Procedure 2.22) including:

a. Continued benefit delivery to participants and outreach to potentially eligible individuals.

b. Counseling participants on food preparation and safety under disaster conditions. c. Coordinated assistance effort through continued communication with disaster relief agencies with pre-disaster planning during a disaster.

C. Disaster Coordination and Communication

1. The following designated emergency contacts within the State Agency (SA) for disasters, emergencies, public health emergencies, supplemental food recalls and other supply chain disruptions to ensure that the appropriate entities (e.g., Regional Offices, other State Agencies and Coordinating programs) are aware of the SA’s designated contacts. Area Emergency Contact Office Phone State Agency Disaster Coordination Office Director 304-352-0960 Administration/Nutrition Services Deputy Director 304-352-0967 Vendor Management Division Director 304-352-0954 Crossroads/MIS Services Division Director 304-352-0956

2. The above named individuals will be tasked with providing contact information for key SA staff on the SA’s public website and to ensure that this information is kept up to date. They will also ensure that the appropriate entities (e.g., Regional Offices, or other State agencies, coordinating Programs) are aware of the SA’s designated contact and to ensure that this information is kept up to date.

3. The State Agency Disaster Coordinator is responsible for coordinating and planning WIC disaster relief and communicating with the West Virginia Department of Public Health, West Virginia Office of Emergency Services, Center for Threat Preparedness and the FNS Regional Office. 4. The State Agency Disaster Coordinator will establish a working relationship with the State agency responsible for coordinating and planning disaster relief to do the following:

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West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

a. Discuss ways they could contribute to a relief effort, such as sharing expertise about the nutritional needs of the WIC eligible population.

b. Learn how the State plans to provide food to the general population to determine how the WIC Program can appropriately assist the State in response to disasters or emergencies.

5. The Nutrition Services (NS) area will address the needs of participants with

documented qualifying conditions receiving Food Package III. They will provide

participants with a point of contact at their Local Clinic as well as the SA’s public

website for additional information. ONS will ensure this information is kept up to

date.

6. ONS will work with relief agencies responsible for disaster and public health emergency planning which includes the West Virginia Bureau for Public Health Continuity of Operations Plan (COOP) elements, including the Center for Threat Preparedness. The Office will coordinate with FEMA, relief organizations, State and local emergency operation centers and maintain a list of these agencies’ contacts that is kept up to date. The State Agency Disaster Coordinator will identify WIC SA staff positions for full or partial deployment if needed through the duration of the disaster.

7. ONS will notify FNS partners, State and Local Agency (LA) staff, authorized WIC vendors, WIC participants and the public informed during an emergency, food recalls or other supply chain disruption. ONS will maintain the Community Service Directory (ATT 1) and utilize active vendor listing in Crossroads to keep those entities informed during the disasters. FNS partners - FNS MARO Supplemental Nutrition Division Director, MARO Supplemental Food Programs Branch Chief and Team Leads will be notified and kept apprised of ongoing disaster related issues and/or public health emergencies. LAs through the SA will utilize Documentation of Disaster Problems and Resolutions (ATT 2), to keep FNS apprised of disaster related issues. Through the LA and SA websites, participants and the general public will be advised of program changes that affect their area. 8. This policy will be used by the State and Local Agency as a guide for the continued operations by instituting alternate procedures as necessary through the following during a disaster:

a. Certification procedures that increase flexibility in required documentation. (See Policy 2.22)

b. Food Delivery procedures that deviate from standard food packages. (See Policy 2.22) c. Notify the public of any changes in normal program operations, including alternate procedures or locations. Increase outreach to potentially eligible individuals affected by disaster d. Designate staff to work on disaster and public health emergency teams at the State, local and clinic levels 4 of 11

West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

e. Designate alternate means and locations for certification and benefit issuance for circumstances in which the conventional means and locations are not possible or optimal. (See Policy 2.22) f. Plan for a back-up power system in the event of a power or other technology outage, to include a plan to access program records and issue benefits.

9. The Local Agency Director will prepare and use the list of responsibilities and designated personnel on the Emergency Preparedness Meetings, Drills and Test Exercises (ATT. 3) form that was completed during a staff meeting to discuss the emergency plan as a check list for preparation.

10.The Local Agency Director will be responsible for the following:

a. Assuring that annual pre-disaster preparation is completed; b. Maintaining communication with SA, WIC personnel, the media and local sources of food assistance during the initial disaster alert/activation phase, during the disaster and during the restoration/recovery phase; and c. Assuring that pre-disaster procedures and restoration/recovery procedures following a disaster are followed and documented per policy.

D. WIC Program Management during Disaster Situations

1. Disasters may affect caseload management and could result in priority restrictions, the use of waiting lists, shifting of caseload assignments and the need to refer applicants to other sources of food assistance because of the following factors:

a. Many people may suddenly become eligible because of loss of income; and

b. Food package adjustments, such as the issuance of ready-to-feed infant formula because of unsafe drinking water, formula shortages, and increased food costs affecting the number of people that can be served.

2. The Local Agency will take reasonable measures to continue providing food benefits to WIC participants in disaster situations.

3. The Local Agency operating in a disaster situation will actively promote the WIC Program to potentially eligible individuals, while operating within its capacity to actually serve newly eligible persons.

4. Certain situations may be so devastating to WIC operations that benefits must temporarily be suspended and participants referred to other programs or congregate feeding sites.

a. The State Agency Disaster Coordinator will contact the State disaster relief agency and the FNS Regional Office for assistance and information when the Local Agency must decide whether to suspend WIC operations in a disaster area. 5 of 11

West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

b. Factors that determine how well a WIC clinic can operate in a disaster situation include: a. The extent of damage on the delivery infrastructure; and i. The extent of damage on the delivery infrastructure; and ii. The extent that the Local Agency has planned and prepared for disaster situations.

E. Continuation of Benefits

To meet requirement or implement waivers the SA must first determine if the disaster meets one of the following criteria:

1. A presidentially declared major disaster as defined under Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, 42 U.S.C. 5121 et seq.)

2. A presidentially declared emergency as defined under the Stafford Act 3. A public health emergency declared by the Secretary of Health and Human Services under Section 319 of the Public Health Service Act (42 U.S.C. 247d) 4. A renewal of such a public health emergency 5. A supply chain disruption as declared by the Secretary of Agriculture.

In conjunction with the State’s Office of Threat Preparedness, if SA determines one of these events exist, the SA will request a waiver to continue WIC services.

Waivers may be requested to address:

1. Physical presence for participants such a remote/virtual certification appointment 2. Separation of duties 3. Vendor and local agency monitoring Alternate operating procedures are available:

1. Certification/serving applicants and participants from an alternate WIC clinic and providing nutrition assessment and referral to other organizations 2. Set up mobile or satellite clinic to certify/serve applicants and participants and provide nutrition assessment and referral to other organizations 3. Allowing temporary certifications for applicants who are missing only one proof 4. Collection of anthropometric and bloodwork data for participants through alternate means such as the West Virginia Health Information Network 5. The collection of eligibility documentation (secure website upload, mobile device screen share, mail, secure email and video conference) 6. The collection of signatures on required documents 7. Replacement of EBT cards and destroyed supplemental foods, See WV Policy & Procedures 1.10.G.2b & 3.07.A 8. Mailing of EBT Cards, See WV Policy and Procedure 2.22E F. Certification Procedures during Disaster Situations 6 of 11

West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

The SA and LA will update their public web pages/social media accounts with

instructions for obtaining an up-to-date VOC and to notify neighboring State agencies of where a VOC may be obtained by displaced participants. This policy should help to expedite the certification process and ease transition to another SA.

1. Verification of Certification (VOC)

a.To expedite the certification process, the WIC clinic can provide Verification of Certification (VOC) to WIC participants when a disaster-related evacuation is anticipated. b.If a VOC has not been issued, participants in disaster-prone areas can be reminded during their certification visits that it is a good practice to prepare a disaster folder that contains their WIC certification documentation and plan on taking these materials with them if they are evacuated.

2. Income eligibility determination may deviate from the usual WIC Program operation in disaster situations.

a. During subsequent certification, participants who express that their income documentation was lost because of a disaster will be considered as income eligible. b. It must take place within a reasonable time period (approximately 1 month) following a disaster during which they have not had time to acquire documentation. c. The documentation will be verbally verified as similar to that documented during the previous certification. d. A note will be placed in the Income Overview Comments area in the Crossroads Income Information with the date and the statement: “Income Documentation Lost in Disaster.” e. An applicant who has a loss of income because their place of employment was destroyed and is likely to be out of work for an extended period will have income assessed based on the previous month. f. An applicant who has a temporary loss of income because of a business that sustained some damage, or a temporary loss of utilities, will have income calculated on a twelve (12) month basis.

3. While temporary shelters and tent cities in which disaster victims may stay meet the definition of a “homeless facility”, residence in such facilities does not automatically make such persons eligible for WIC. Homeless applicants must qualify through the certification process to receive WIC benefits.

4.During disasters, WIC Program employees who are also WIC participants or caretakers will not be responsible for issuing eWIC benefits/cards to themselves or members of their immediate family or conducting any aspect of the eligibility process for themselves or members of their immediate family, including issuing of VOC cards, taking anthropometric measures, and certifying the eligibility of such persons. 7 of 11

West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

G. Benefit Issuance and Redemption

The EBT system ensures robust telecommunications redundancy by utilizing commercial networks and available commercial POS terminals, or FIS-installed WIC-only stand-beside hardware, for benefit redemption. To enhance system reliability, the system includes backup host processing capabilities that conform to federal regulations, national standards, and specified WIC State Office performance standards. These measures ensure continuous service availability and data integrity, even in the event of network or system failures.

1. WIC participants may require a change in food package during a disaster. (See Policy 1.10.I.A)

2. EBT Card Replacement

a. EBT card replacement and benefit transfer will be completed on a daily basis as ONS is made aware. If needed, these replacements can be completed from an alternate location. b. In areas where mail could be unreliable in a disaster or emergency, they could be picked up at the clinic. c. If an emergency clinic is in place, an EBT card could be allocated to the client and later linked to the EBT account once the staff is connected to Crossroads. d. The WIC Program will not replace food lost in a mass disaster where community emergency feeding services are provided. WIC personnel will be aware of locations of emergency feeding services and sources of clean water to be able to refer those who contact WIC for this type of assistance. e. In the case of a natural disaster affecting large numbers of people in a regional or State nature where emergency declarations initiate action by Federal and State public and private disaster assistance providers, participants are not required to provide proof of disaster for food benefit replacement. f. The State Agency will provide guidance on the replacement of benefits based on the situation. The state agency will ensure they have enough funds before replacing lost EBT purchased supplemental foods. If the state agency does not have the funds, they will contact FNS for assistance.

H. Vendor Management

1. Alternative Procedures for Vendor Monitoring and Compliance Investigations

During a declared disaster affecting food supply chains or distribution networks, the State Agency activates its disaster recovery plan, which includes provisions for adjusting authorization requirements for new vendor applicants and authorized vendors. This adjustment allows expedited processing of new vendor applications and streamlines the 8 of 11

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renewal process for existing vendors to ensure continued access to supplemental foods by Women, Infants, and Children (WIC) program participants.

In this scenario, the State Agency may temporarily waive certain documentation or procedural requirements, prioritize essential inspections, or utilize electronic submission methods to facilitate swift authorization adjustments. These measures aim to maintain a robust vendor network capable of meeting increased demand during the disaster while adhering to program integrity and participant access standards.

2. Vendor Minimum Stocking Requirements (MSR) for Continuous WIC Food Distribution

To ensure uninterrupted distribution of supplemental foods to Women, Infants, and Children (WIC) program participants during disasters, this policy outlines procedures for adjusting vendor Minimum Stocking Requirements (MSR). The State Agency will assess and communicate MSR adjustments promptly to vendors, ensuring adequate food supply in times of crisis. The State Agency will make necessary and temporary NTE adjustments if and as appropriate during disaster situations.

a. Responsibilities: • The State Agency monitors and assesses food supply disruptions. • Establishes and communicates adjusted MSR procedures to vendors. b. Procedure: • Activate the disaster recovery plan upon disaster declaration. • Assess disaster impact on food availability and adjust MSR accordingly. • Communicate adjusted MSR requirements promptly to vendors. • Vendors implement adjustments and provide inventory updates. c. Monitoring and Evaluation: • Monitor effectiveness of adjusted MSR during disaster recovery. • Conduct regular evaluations for continuous improvement. d. Review and Revision: • Annually review and update policy as necessary.

3. Adjusting Vendor Authorization Requirements During Emergencies

a. The State Agency will implement alternative procedures to meet annual vendor routine monitoring and compliance investigation requirements under 7 CFR 246.4(a)(14)(iv). These measures aim to maintain program integrity and ensure continued access to supplemental foods for WIC program participants. • Remote Monitoring: Use electronic methods for vendor compliance monitoring. • Prioritized Investigations: Focus on critical vendors for food distribution. • Flexible Documentation: Adjust documentation requirements temporarily for quicker compliance assessments. • Communication and Coordination: Maintain regular communication with local agencies and vendors about adjusted procedures. 9 of 11

West Virginia WIC Policy & Procedure 1.10 Effective Date: 1/30/2026 1.10 Alternate Operating Procedure

• Monitoring and Evaluation: Assess effectiveness of alternative procedures during disaster recovery and conduct post-disaster evaluations. • Review and Revision: Annual review and update of policies to align with regulatory changes and best practices.

I. Nutrition Services

A. Food Delivery Procedures

1.Establish a working relationship with the State's emergency management agency and other relevant organizations (e.g., FEMA, American Red Cross). The WIC Program will not replace food lost in a mass disaster where community emergency feeding services are provided. WIC personnel will be aware of locations of emergency feeding services and sources of clean water to be able to refer those who contact WIC for this type of assistance. In the case of a natural disaster affecting large numbers of people in a region or State nature where emergency declarations initiate action by Federal and State public and private disaster assistance providers, participants are not required to provide proof of disaster for food benefit replacement.

a. The State Agency will provide guidance on the replacement of benefits based on the situation. b. WIC participants may require a change in food package during a disaster or supply chain disruption. • Adjust food packages and authorized food lists to accommodate participants with limited access to food storage or preparation facilities. • Make food package substitution adjustments based on the availability of options due to disaster or supply chain disruption c. Ready-to-feed infant formula may be issued when water sources are not safe. d. Formula in supply at the WIC clinic may be distributed to WIC participants, as necessary. i. Develop a schedule for food distribution to minimize congestion and ensure orderly access. e. There are no exemptions or exceptions allowed when medical documentation is required for the issuance of certain supplemental foods, including exempt infant formulas and WIC-eligible nutritionals during disasters. Staff can secure medical documentation by phone with hard copy documentation within a two week time period. Refer to WV Policy 4.09.F.5. f. A homeless food package may be issued to WIC participants with no storage and/or electricity. g. WIC personnel will provide nutrition counseling and handouts about safety when cooking, eating and drinking following a disaster, as necessary. 10 of 11

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4. Maintain up-to-date contact information for key staff members and partners.

B. Special Formulas

1. Strengthen partnerships with healthcare providers and hospitals to facilitate rapid collection of medical documentation needed to issue special formulas. 2. Special formula will be provided by the State contracted distribution center. The distribution center will ship requested special formulas to either the Local Agency clinic or the participant’s home considering which one is more appropriate.

C. Breastfeeding Support for Participants

1. Ensure trained Breastfeeding Peer Counselors (BFPCs) can provide support and assistance during emergencies. Peer counselor staff will educate breastfeeding participants on the importance of safe and adequate water consumption to maintain milk supply. 2. Utilize a free 24/7 lactation hotline service to provide remote/virtual breastfeeding support as able. 3. Distribute breastfeeding supplies, such as breast pumps and nursing pads, through WIC clinics and emergency distribution points. 4. Deploy breastfeeding peer counselors to emergency shelters and community centers to provide in-person breastfeeding support.

J. Outreach Procedures during Disaster Situations

The Local Agency operating in a disaster situation will increase outreach efforts to actively promote the WIC Program to potentially eligible individuals affected by disaster, while operating within its capacity to actually serve newly eligible persons.

REFERENCES:

1. SFP 93-012, WIC Income Eligibility and Natural Disasters 2. SFP 95-067, WIC Disaster Policy and Coordination 3. SFP 96-035, Revision of WIC Disaster Policy 4. SFP 96-042, Addition of Cross Reference to SFP 96-035 5. FNS WIC Policy Memorandum 2024-3 6. USDA, FNS Guide to Coordinating Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Services when Regular Operations are Disrupted

ATTACHMENTS:

1. Community Services Directory 2. Documentation of Disaster Problems and Resolutions 3. Emergency Preparedness Meetings, Drills and Test Exercises 11 of 11

2 of 2 West Virginia WIC Policy and Procedure 1.11 Effective Date: 11/16/2011

1.11 Prevention and Detection of Dual Participation_________ POLICY:

The state and local agencies are responsible for the prevention and identification of dual participation within each local agency and between local agencies, including actions to identify suspected instances of dual participation at least semiannually. Follow-up action must be taken within 120 days of detecting instances of suspected dual participation. Cases of unintentional dual participation will result in immediate termination from participation in one of the programs or clinics. Cases of intentional dual participation resulting from intentional misrepresentation or through the collection of improperly issued benefits in accordance with 246.23(c)(1) will result in disqualification from both programs in accordance with 246.12(u)(2).

The STORC computer system assists in the prevention and detection of dual participation between and within the Local Agencies to prevent participants from receiving benefits in more than one (1) WIC clinic at a time through a daily update of each local site’s data system.

PROCEDURE:

A. Prevention of Dual Participation

WIC personnel will do the following to prevent dual participation.

1. Follow procedures for verification of identity (see Policy 2.17, Verification of Participant Identification) during each certification and class appointment.

2. Obtain the participant’s written declaration on the Participant Agreement (WIC-05) during each certification that they do not participate in WIC in another location.

B. Detection of Dual Participation

WIC personnel will do the following when dual participation is detected.

1. Call the State Agency Help Desk immediately upon getting a “Dual Participation” STORC message to ensure that the problem is resolved correctly.

2. Help Desk may instruct WIC personnel to transfer records from another WIC clinic.

a) The transfer process requires twenty-four (24) hours to take effect.

b) The participant may be certified on paper, if necessary, and instructed to return the following day to receive food instruments.

3. Terminate the participant from one (1) WIC clinic immediately upon detection of dual participation and continue to provide benefits from the other WIC clinic until

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1.11 Prevention and Detection of Dual Participation_________________

a decision regarding suspension has been made or the participant’s eligibility expires.

4. The participant must be sanctioned (see Policy 1.06, Participant Sanctions) when they deliberately misrepresent participation information provided for WIC certification.

5. In cases of intentional misrepresentation, the collection of improperly issued benefits in accordance with Policy 1.06 will also be carried out.

6. Share participant information with WIC agencies in neighboring States in order to investigate and correct suspected dual participation.

REFERENCES:

1. WIC Regulations 246.7, Certification of Participants

West Virginia WIC

Policy & Procedure 1.12

Effective Date: 6/9/2016 1.12 Access for Employed and Rural Persons______________

1 of 2 POLICY:

The Local Agency will improve access to the WIC Program for participants and prospective applicants who are employed or who reside in rural areas, by addressing their special needs through the adoption or revision of procedures and practices to minimize the time participants and applicants must spend away from work and the distances participants and applicants must travel through the following procedures.

PROCEDURE:

A. Scheduling Systems

1. The Local Agency will use an appointment scheduling system or an open access system to serve applicants/participants. Nutrition Education appointments and minor food package changes may be completed online or by phone.

2. An appointment system is used to schedule and serve WIC applicants/participants for certification and nutrition education appointments.

a. When scheduling the appointment, the WIC applicant/participant will be questioned about the most convenient time of day and day of week to attend WIC clinic.

b. Whenever possible, each member of the applicant/participant family will be scheduled to attend WIC clinic at the same appointment time.

c. The WIC applicant/participant will be served promptly at their appointment time.

d. Whenever possible, each member of the participant family will receive a three (3) month food benefit issuance during each certification and nutrition education appointment.

e. Whenever possible, walk-ins will be served.

3. An open access system allows applicants/participants with limited time to be seen at their convenience, without a scheduled appointment.

a. The WIC applicant/participant will be served on a first come, first serve basis.

b. Whenever possible, each member of the participant family will receive a three (3) month food benefit issuance during each certification and nutrition education appointment.

4. Nutrition Education appointments and food package changes may be completed online or by phone (see Policy 3.09 Remotely Issuing Electronic Benefits and Emailing the Shopping List).

B. Extended Service Hours

West Virginia WIC

Policy & Procedure 1.12

Effective Date: 6/9/2016 1.12 Access for Employed and Rural Persons

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1. WIC clinics which offer extended service hours will give priority for those hours to those who may otherwise not be able to participate in the WIC Program because they would be penalized by their absence from their job or because of their of lack of transportation.

2. To improve availability, the Local Agency Director may stagger WIC personnel lunch times, if possible, when a WIC clinic does not offer extended service hours.

C. Designation of a Parent/Guardian Two and/or Caretaker

1. WIC participants will be encouraged to designate a Parent/Guardian Two and/or Caretaker to attend certification and/or nutrition education appointments, or proxies to pick up food benefits when they are not able to attend because of work or lack or transportation (see Policy 3.12, Parent/Guardian Two, Caretaker and Proxy Authorization).

REFERENCES:

1. WIC Regulations 7 CFR 246.7 Certification of Participants

West Virginia WIC Policy & Procedure 1.13 Effective Date: 4/16/2018 1.13

Appointment Show Rate

1 of 2 POLICY:

Through the Crossroads system, the State Outreach Coordinator will review Show Rates twice per year (April and November) for the cumulative rates of the previous six (6) months (October through March and April through September respectively). These rates will be used to set a Standard for the coming six (6) month period.

The formula for the State Show Rate Standard will be two standard deviations of the State Average for the past six months, as provided by the State Outreach Coordinator. Using these rules will provide a uniform base for show rate analysis. This should give an indicator of the expected rates of attendance and thus serve as a guide to needed rates of over-scheduling for each clinic.

A Local Agency site having an overall monthly rate less than the State Show Rate Standard must comply with the review procedure outlined below. This procedure is used to determine possible sources of low show rates and to use these as a base from which to implement corrective actions which must be addressed in the Local Agency Outreach Annual and Mid-Year Report.

DEFINITIONS:

No-show: A participant or family is considered a no show when they miss an appointment scheduled in Crossroads, excluding education classes. If the participant or family notifies the WIC office prior to the time of the appointment and cancels the appointment, it is not considered a no show. If a participant is served in the clinic the same day, but at a later time than their scheduled appointment, the appointment is not considered missed, canceled or a no-show.

Rescheduling: A participant, who misses an appointment, either as a no show or who cancels and reschedules, may be given one additional appointment. If a second appointment is missed, the Program’s processing standards obligation will have been fulfilled. The only exceptions will be for documented personal or natural disasters e.g. a death in the family or hazardous weather (blizzards, floods, etc.).

State Show Rate: The purpose of the State Show Rate is to provide a baseline record of the clinic scheduled activity for a six (6) month period; excludes non-scheduled appointments such as walk-ins. The key to the show rate is the establishment of an appointment and the successful completion of that appointment.

PROCEDURE:

A. Rescheduling

1. If a participant requests to reschedule an appointment to a different date, the appointment must be moved through the Crossroads participant record Quick Link Family Appointments or within the Clinic Master Calendar. Local Agency staff will access the appropriate appointment for this participant and note the reason for rescheduling as “Participant Requested” in the Crossroads Cancellation Reason dropdown option. This appointment slot then will become available for use by another participant.

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Appointment Show Rate

2 of 2 2. If a participant requests to cancel an appointment, Local Agency staff will access the appointment through the Crossroads participant record Quick Link Family Appointments or within the Clinic Master Calendar. Local Agency staff will document the reason for cancellation as “Other” in the Crossroads Cancellation Reason dropdown option. This appointment slot then will become available for use by another participant.

3. Under the Quick Scheduling Results, Local Agency staff should document on the Comment Note when a participant is rescheduled for their second appointment.

4. Each Local Agency will attempt to contact each participant who misses their initial certification/sub-certification appointment to schedule a new appointment. To access the report in Crossroads, go to Generate Reports, select category Appointments, and then choose the report Daily Appointment to be Rescheduled Detail.

B. Review Procedure

The Local Agency Director is expected to have each site run a monthly Show Rate for every month on the second working day of the following month. To access the report in Crossroads, go to Generate Reports, select report category Appointments, and then choose the report Participant Appointment Show Rate Report.

Each clinic’s monthly show rate is to be reported on the Annual and Mid-Year Local Agency Outreach Report.

REFERENCES:

1. WIC Regulations 246.7 (5). Participant Eligibility

West Virginia WIC Policy & Procedure 1.14 Effective Date: 08/01/97 1.14

No-Smoking Policy

Page 1 of 1 POLICY:

This policy executes the legislative mandate prohibiting the allocation of administrative funds to any clinic providing WIC services if that clinic allows smoking within the space used to perform WIC Program functions.

PROCEDURE:

A. Public Law 103-111

1. Public Law 103-111 stipulates that each Local Agency WIC clinic must have an announced public policy opposing smoking in any area where WIC Program functions are performed in order to be eligible to receive WIC administrative funds.

2. An announced public policy against smoking must be placed in each Local Agency WIC clinic in an area that is visible to the public.

B. Mixed Message to WIC Applicants/Participants

1. Allowing smoking in places where programs intended to improve the health and well-being of low-income individuals are administered sends a mixed and inappropriate message.

C. Prohibition Only During WIC Program Operation

1. The prohibition against smoking applies only during the times that the WIC Program is operating at the WIC clinic.

2. Satellite operations, such as church basements or community health centers where WIC services may only be offered once or twice a week, would only announce and implement the no-smoking policy for the time periods when the WIC Program is operating at the site.

D. Compliance with the No-Smoking Policy

1. Compliance with the requirement to prohibit smoking in an area providing WIC services will be monitored during the State Agency Program Review and Local Agency Internal Review.

2. A failure of the Local Agency to post an announced public policy against smoking will result in the ineligibility of the Local Agency to receive administrative funds.

REFERENCES:

1. SFP 94-2, Mandatory No-Smoking Policy in Local Agencies

West Virginia WIC Policy & Procedure 1.15 Effective Date: 2/10/22 1.15 Comment Policy POLICY: The hard copy Comment Form (WIC-16), the electronic Comment Form (Google Form) and The WIC Shopper App gives WIC applicants and participants the opportunity to make positive comments or complaints about Local Agency WIC clinics, clinic staff, vendors, vendor staff and/or WIC Program guidelines. PROCEDURE: A. The Comment Form (WIC-16) 1. A supply of the Comment Form (WIC-16) will be maintained in the waiting area of each Local Agency WIC clinic to be visible and accessible to all applicants and participants. 2. Completed forms will be mailed by the applicant/participant or the Local Agency WIC Clinic to: West Virginia WIC Program 350 Capitol Street, Room 519 Charleston, WV 25301-3717 3. The Comment Form (Google Document) is available on the West Virginia WIC website: https://docs.google.com/forms/d/e/1FAIpQLScb3C_P_UV4zpaIdqjDv9iDhz FCndjR3PYdhI8seyajBsJl9Q/viewform B. The WIC Shopper App 1. WIC Participants who download the WIC Shopper App can electronically send information to the State Agency. a. “Rate or give feedback” allows participants to send positive comments of any kind or complaints to the State Agency. b. “I couldn’t buy this!” allows participants to send product descriptions and UPC information to the State Agency for products that are not currently in the Approved Product List (APL). C. Problem Investigation and Resolution 1. The State Agency will process comments upon receipt to determine if any action by the Local Agency is not in compliance with policy or is of a discriminatory in nature. 1 of 2

West Virginia WIC Policy & Procedure 1.15 Effective Date: 2/10/22 1.15 Comment Policy 2. The State Agency will notify the Local Agency regarding information about alleged problems and action, if any, toward problem resolution. 3. The identity of every individual who completes a form will remain confidential except to the extent necessary to carry out the investigation. D. Civil Rights Complaints 1. See Policy 1.08 Civil Rights. REFERENCES: 1. WIC Nutrition Services Standards, Standard 2 Clinic Environment and Customer Service 2. WIC Nutrition Services Standards, Standard 16 Quality Improvement. 2 of 2

West Virginia WIC Policy & Procedure 1.16 Effective Date: 7/14/2026

1.16

Local Agency Grantee Rights & Responsibilities

POLICY:

The Local Agency (LA) is designated by the State Agency (SA) in accordance with federal and state regulations. In making decisions to initiate, continue, and discontinue the participation of a LA, the SA shall give consideration to the need for Program benefits as delineated in the Affirmative Action Plan. At the start of each grant period, the SA will complete a required risk assessment (Risk Assessment Form). This assessment evaluates the Grantee's noncompliance risk, considering factors like performance history, goal achievement capability, management systems, audit outcomes, and financial stability. It also confirms the Spending Unit's understanding of its responsibility to oversee the Grantee's activities and performance. The form specifies any award conditions resulting from the risk assessment (e.g., reimbursement-based payments, additional reporting, or project monitoring) and acknowledges potential monitoring tools for high-risk grantees (e.g., training, site visits). As provided in 2 CFR 200.340, the SA may unilaterally terminate a grant agreement or recover, withhold, or disallow costs of up to 100 percent of the funds made available under the agreement if the LA fails to comply with any term of the agreement. The SA will consider failure to comply with the reporting requirements and/or performance measures of a grant Statement of Work (SOW) to be a material failure to comply with the agreement and a basis for termination. Other factors that may result in termination of a grant agreement include, but are not limited to:

1. LA financial instability and/or insolvency; 2. Repeated financial or program management monitoring findings that are not resolved within a minimum of two CAPs;or 3. Communication and working relationship of the grantee/LA with the SA do not meet the standards required for a successful partnership, such as persistent failure to respond to SA communications, repeated non-attendance at required meetings, or refusal to cooperate with monitoring activities that materially impairs the SA’s oversight responsibilities.

If the SA decides to take action against the LA for noncompliance under this agreement, the SA will provide the recipient written notice of the basis for its determination at least 30 days prior to termination of the agreement in accordance with 2 CFR 200.341. The grant agreement may be cancelled by either party at any time with or without cause, upon thirty (30) days notice in writing, and delivered by certified mail or in person.

In the event that an award is suspended and corrective action is not taken within 90 days of the suspension effective date, the SA may issue a notice of termination in accordance with 2 CFR 200.341. In accordance with 2 CFR 200.343, no costs that are incurred during the suspension period or after the effective date of termination will be allowable, except those that are specifically authorized by the suspension or termination notice or those that, in the opinion of the SA, could not have been reasonably avoided. Within 30 days of the termination date, the LA shall furnish to the SA a summary of progress achieved under the award, an itemized accounting of charges incurred against award funds and cost sharing prior to the effective date of the suspension or termination, and a separate accounting and justification for any costs that may have been incurred after this date. 1 of 13

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Local Agency Grantee Rights & Responsibilities

In the event of any grant termination, property disposition shall comply with 2 CFR 200.311-200.315. All finished or unfinished documents, data and studies prepared and maintained by the LA shall be disposed of according to the directive of the SA, WV Department of Health, and/or US Department of Agriculture (USDA) in accordance with 2 CFR 200.334 record retention requirements.

If the SA terminates a LA grant agreement, the SA will solicit an alternate, current LA to assume the service area on an emergency basis. This minimizes service disruptions during transition of personnel and assets purchased with federal funds. A competitive Announcement of Funding Availability (AFA) will be issued within 24 months following a needs assessment of the service area. The AFA solicitation will clearly outline the needs of the service area as well as assess respondent financial stability and ability to meet the performance standards of the WV WIC Program.

PROCEDURE:

A. Announcement of Funding Availability (AFA) Process

1. AFA Development and Release a. When a LA grant agreement is expiring or has been terminated, the SA shall conduct a needs assessment of the affected service area to determine program requirements, participant demographics, and service delivery needs.

b. The SA shall prepare the AFA document which includes: i. Service area description (counties/regions to be served) ii. Funding amount and Federal CFDA number (XX.XXX) iii. Project period dates iv. Performance objectives and expected activities v. Submission requirements and required documentation vi. Evaluation criteria and selection process vii. Key dates including release date and application deadline

c. The AFA shall be published through the WV OASIS Vendor Self Service (VSS) Portal and shall remain open for a minimum of 30 calendar days to allow adequate time for prospective applicants to prepare proposals.

d. The SA shall provide technical assistance to prospective applicants upon request via email to wicinvoices@wv.gov, ensuring all inquiries are documented and responses are provided in a timely manner.

2. Application Submission

a. All proposals must be submitted electronically through the WV OASIS VSS Portal by the published deadline. Late submissions will not be 2 of 13

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Local Agency Grantee Rights & Responsibilities

accepted unless extenuating circumstances are approved in writing by the Operations Division Director.

b. Applicants shall also submit copies of all required grant documents to wicinvoices@wv.gov to ensure timely processing.

c. Required submission documents will be defined within the AFA

3. Application Review and Evaluation

a. The SA shall convene a review committee.

b. The review committee shall evaluate all complete and timely applications using the criteria specified in the AFA, which shall include but not be limited to:

i. Organizational capacity and administrative support capability ii. Financial stability and fiscal management systems iii. Staffing plan and qualifications (including CPA coverage) iv. Service delivery plan and accessibility strategy v. Budget appropriateness and cost-effectiveness vi. Past performance history (if applicable) vii. Ability to meet performance objectives and metrics

c. Each application shall be scored independently by review committee members, and scores shall be compiled and averaged to determine final rankings.

d. The review committee shall document the evaluation process, including individual scores, comments, and final rankings, maintaining records in accordance with 2 CFR 200.334.

4. Award Decision and Notification a. The SA shall review the review committee’s recommendations and make final award determinations based on: i. Application scores and rankings ii. Organizational capacity to serve the designated area iii. Ability to meet WV WIC Program standards iv. Funding availability b. All applicants shall be notified in writing of award decisions within 30 days of the application deadline closing. c. Successful applicants shall receive a preliminary award notice that includes: i. Award amount ii. Service area assignment 3 of 13

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iii. Project period dates iv. Next steps for grant agreement execution d. Unsuccessful applicants shall receive notification including feedback on their application and information about future funding opportunities. 5. Grant Agreement Execution and Fund Release a. Following award notification, the successful applicant shall work with DH Grants Management to finalize the grant agreement, including: i. Review and approval of all grant exhibits ii. Completion of any missing or corrected documentation iii. Execution of required certifications and assurances b. The grant agreement shall be submitted to DH Grants Management (DHHRGrants@wv.gov) for processing and shall include all required signatures from both the Grantee and the SA. c. Once fully executed, a counter-signed copy of the grant agreement shall be provided to the Grantee via email. d. Funds shall not be released until the grant agreement is fully executed. The first payment/reimbursement shall be processed according to the payment schedule outlined in Exhibit D of the grant agreement: i. Local health department grantees: Quarterly payment schedule (25% per quarter) ii. Non-profit organization grantees: Monthly payment schedule (8.33% per month) e. The LA may submit invoices and begin service delivery on the project period start date specified in the grant agreement, provided the agreement has been fully executed.

B. Agreement with the Local Agency

1. The SA will enter into a signed written agreement with each LA, including subdivisions of the SA, which sets forth the LA’s responsibilities for Program operations as prescribed in this part. Copies of the agreement will be kept on file at both the State and Local Agencies. 2. Neither the SA nor the LA has an obligation to renew the Agreement.

a. The expiration of an agreement is not subject to appeal.

b. The SA will provide the LA with advance written notice of the expiration of an agreement (see Policy 1.17, Fair Hearing Policy for Local Agencies).

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C. Provisions of Agreement

1. The agreement between the SA and each LA will ensure that the LA:

a. Complies with all the fiscal and operational requirements prescribed by the SA;

b. Provides on a timely basis to the SA all required information regarding fiscal and Program administration, including programmatic reporting on performance measures (see Policy 1.29; Quality Improvement Local Agency Responsibilities);

c. Has a Competent Professional Authority (CPA) on the staff of the LA and the capabilities necessary to perform the certification procedures;

d. Makes available appropriate health services to participants and informs applicants of the available health services;

e. Prohibits smoking in the space used to carry out the WIC Program during the time any aspect of WIC services are performed;

f. Has a plan for continued efforts to make health services available to participants at the clinic or through written agreements with health care providers when health services are provided through referral;

g. Provides nutrition education services, including breastfeeding promotion and support, to participants in compliance with policies set forth by the SA;

h. Implements a food delivery system prescribed by the SA and approved by USDA Food and Nutrition Service (FNS);

i. Provides access to fresh, unprepared, locally grown fruits and vegetables to eligible WIC recipients to implement the WIC Farmers Market Nutrition Program (FMNP). The LA will expand awareness and use of local farmers markets. The LA will partner with farmers and farmers markets to maximize redemption of FMNP benefits from June 1 through October 31 each year;

j. Maintains complete, accurate documentation and current accounting of all Program funds received and expended;

k. Maintains on file and has available for review, audit, and evaluation all criteria used for certification, including information on the area served, income standards used, and specific criteria used to determine nutritional risk; and

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l. Does not discriminate against persons on the grounds of race, color, national origin, age, sex or handicap; and compiles data, maintains records and submits reports as required to permit effective enforcement of the nondiscrimination laws.

D. Local Agency Staffing Standards

1. The LA will assure adequate staff are available to provide Program benefits to participants in the most effective and efficient manner including, but not limited to the functions of nutrition education, certification, monitoring, fiscal reporting and food delivery. a. The position-to-participant ratio of 1.0 Full Time Equivalency (FTE) to 290 participants is the standard for determining personnel funding to meet accessibility and utilization expectations.

2. All candidates for hire shall undergo a background check prior to starting employment. The results of an acceptable background check must be on file prior to working alone with WIC applicants or participants. Background checks revealing crimes against women or children, including offenses to the safety and well-being of vulnerable individuals will disqualify a potential employee or result in termination of employment.

3. The LA shall employ a Nutrition Director who meets the qualifications defined by the West Virginia Division of Personnel (WV DOP) to serve as the LA WIC Director or Acting WIC Director. Before hiring, the LA shall submit supporting documentation for the candidate of choice (e.g., resume, transcripts, certifications, continuing education records, etc.) to the SA for review. The SA shall evaluate the candidate against WV DOP minimum qualifications and reserves the right to deny any candidate deemed unqualified. A candidate may not be hired into this role without SA approval.

4. The LA WIC Director will, along with contractual and other required duties:

a. Act as a designated line of communication and authority between the SA and the LA;

b. Assure LA compliance with Program policies and procedures; and

c. The LA’s Nutrition Director or designee from the same LA will attend all Operational Quality Improvement Meetings. The travel budget for these quarterly meetings must be included within the detailed line item budget and budget justification to ensure attendance at these meetings if/when designated as in-person.

5. The LA will employ adequate CPA personnel (see Policy 11.02 Competent Professional Authority) to assure equitable distribution in all WIC clinics served by the Local Agency. 6 of 13

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6. The LA will employ Breastfeeding Peer Counselor personnel as determined by the SA (see Policy 5.20, West Virginia Breastfeeding Program).

7. The LA will employ adequate clerical personnel to assure equitable distribution in all WIC clinics served by the LA.

8. If budget reductions occur, the LA should consider reducing operational costs (i.e. supplies, rent, travel, etc.) prior to eliminating personnel positions. CPA positions are a priority in providing direct services, and hence are to be the last positions designated for a reduction in force. Decision-making for a reduction in force must comply with WV Administrative Rule procedures outlined in §143-1-12.4.f1-f2.

E. Termination of Agreement

1. Authority and Grounds for Termination

a. In accordance with 2 CFR 200.340, the grant agreement may be terminated in whole or in part under the following circumstances:

i. By the SA if the LA fails to comply with any term or condition of the grant agreement, including failure to comply with federal and state statutes, regulations, and the terms and conditions of the award;

ii. By the SA with the consent of the LA, in which case both parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;

iii. By the LA upon sending the SA written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the SA determines that the reduced or modified portion of the grant will not accomplish the purposes for which the grant was made, the SA may terminate the grant in its entirety.

b. Material failures that may result in unilateral termination by the SA include, but are not limited to:

i. LA financial instability and/or insolvency; ii. Repeated financial or program management monitoring findings that are not resolved within a minimum of two CAPs; iii. Failure to comply with reporting requirements and/or performance measures of the grant Statement of Work (SOW); iv. Persistent failure to respond to SA communications, repeated non-attendance at required meetings, or refusal to cooperate with monitoring activities that materially impairs the SA’s oversight responsibilities; 7 of 13

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v. Failure to maintain required staffing levels, particularly the Nutrition Director and CPA positions; vi. Failure to maintain participant certification accuracy or program integrity; vii. Material breach of any provision of the grant agreement or applicable policies.

2. Notification of Termination

a. In accordance with 2 CFR 200.341, the SA or LA must provide written notice of termination to the other party. Written notice of termination shall include:

i. The reasons for termination; ii. The effective date of termination; iii. In the case of partial termination, the portion of the grant being terminated; iv. Instructions for closeout procedures and final reporting requirements.

b. For terminations initiated by the SA due to LA noncompliance, the SA will provide written notice at least thirty (30) days before the effective termination date.

c. The notice shall be delivered by certified mail with receipt confirmation.

d. Upon receipt of termination notice, the LA shall immediately cease incurring new obligations, except as specifically authorized in the termination notice.

3. Opportunity to Object, Hearings, and Appeals

a. In accordance with 2 CFR 200.342, upon issuance of a termination notice by the SA, the LA has the right to object and provide information challenging the termination action.

b. The LA must submit any objection in writing within fifteen (15) business days of receipt of the termination notice.

c. The objection must include:

i. Specific factual basis for the objection; ii. Documentation supporting the LA’s position; iii. Any corrective actions already taken or proposed to address the basis for termination. d. The SA shall comply with any requirements for hearings, appeals, or other administrative proceedings to which the LA is entitled under any statute or 8 of 13

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regulation applicable to the grant. Fair hearing procedures are outlined in Policy 1.17 (Fair Hearing Policy for Local Agencies).

e. The termination may be stayed pending resolution of the objection or appeal, at the discretion of the SA, unless immediate termination is necessary to protect program integrity or participant safety.

4. Effects of Suspension and Termination

a. In accordance with 2 CFR 200.343, no costs incurred during a suspension period or after the effective date of termination will be allowable, except:

i. Costs specifically authorized by the suspension or termination notice; or ii. Costs that, in the opinion of the SA, could not reasonably have been avoided.

b. Other enforcement actions available to the SA during suspension or upon termination include:

i. Temporarily withholding payments pending correction of deficiencies; ii. Disallowing all or part of the cost of the activity or action not in compliance; iii. Wholly or partly suspending or terminating the grant agreement; iv. Withholding further awards for the program; v. Taking other remedies that may be legally available.

c. Within thirty (30) days of the termination or suspension effective date, the LA shall furnish to the SA:

i. A summary of progress achieved under the award; ii. An itemized accounting of charges incurred against award funds and cost sharing before the effective date; iii. A separate accounting and justification for any costs incurred after the effective date that the LA believes should be allowable.

5. Property Disposition Upon Termination

a. Real Property: In accordance with 2 CFR 200.311, if real property was acquired or improved with grant funds, the LA shall request disposition instructions from the SA. The SA may require the LA to:

i. Compensate the SA for the SA’s share of the current fair market value of the property; ii. Transfer title to the SA or to an eligible third party designated by the SA; 9 of 13

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iii. Sell the property and compensate the SA for the SA’s share of the proceeds.

b. Federally-Owned and Exempt Property: In accordance with 2 CFR 200.312, any property owned by the Federal government or designated as exempt property shall be returned to the SA or disposed of as directed.

c. Equipment: In accordance with 2 CFR 200.313, the LA shall request disposition instructions from the SA for all equipment acquired with grant funds. Disposition shall be as follows:

i. For equipment with a current fair market value of $10,000 or less per unit: The LA may retain, sell, or otherwise dispose of the equipment with no further obligation to the SA;

ii. For equipment with a current fair market value exceeding $10,000 per unit: The SA shall provide disposition instructions within 120 days of the termination date. The SA may instruct the LA to:

1. Transfer title to the SA or to an eligible third party designated by the SA; 2. Sell the equipment and reimburse the SA for the SA’s share of the current fair market value or sale proceeds, along with copies of receipts/bills of sale; 3. Retain the equipment and compensate the SA for the SA’s share of the current fair market value. d. Supplies: In accordance with 2 CFR 200.314, upon termination, the LA may retain supplies acquired with grant funds if the residual value is $5,000 or less. For supplies with a residual inventory value exceeding $5,000, the LA shall compensate the SA for the SA’s share or follow the disposition instructions provided by the SA. e. Intangible Property: In accordance with 2 CFR 200.315, the LA shall protect intangible property (patents, copyrights, data, software) and provide the SA with access for as long as needed to fulfill Federal requirements. The LA may copyright works developed under the grant, but the SA reserves a royalty-free, non-exclusive license to reproduce, publish, or use the work. f. Documents, Data, and Studies: All finished or unfinished documents, data, and studies prepared and maintained by the LA shall be disposed of according to the directive of the SA, Department of Health, and/or USDA in accordance with 2 CFR 200.334 record retention requirements. 6. Closeout Procedures & Post-Closeout Adjustments and Continuing Responsibilities 10 of 13

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a. In accordance with 2 CFR 200.344-200.345, when the Federal award is terminated in part or its entirety, the SA and LA remain responsible for compliance with the requirements of Closeout and Post-closeout adjustments and continuing responsibilities. i. The SA will close out the grant within ninety (90) days after receipt of all required final reports and documentation from the LA. ii. The LA shall submit all financial, performance, and other reports required by the terms and conditions of the grant within ninety (90) days of the termination effective date, unless the SA approves an extension. iii. The SA shall make prompt payments to the LA for allowable reimbursable costs not covered by previous payments. iv. The LA must immediately refund to the SA any unobligated balance of cash advanced or overpayments identified through final reconciliation. v. The SA will close out the grant when it determines that all applicable administrative actions and required work have been completed by the LA. b. Closeout of the grant does not affect: i. The right of the SA to disallow costs and recover funds based on a later audit or other review; ii. The LA’s obligation to return any funds due as a result of later refunds, corrections, or other transactions; iii. Audit requirements (2 CFR 200.500-521 & 7 CFR 246.20) and records retention requirements (2 CFR 200.334); iv. Property management and disposition requirements; v. The SA’s right to pursue any other legal remedies. c. In accordance with 2 CFR 200.334, the LA must retain grant records for a period of three (3) years from the date of submission of the final expenditure report, or longer if: i. Any litigation, claim, or audit related to the grant is started before the expiration of the 3-year period, records must be retained until all issues are resolved; ii. The SA notifies the LA in writing that records must be retained for a longer period; iii. The LA is required to transfer records to the SA or its designee as directed. d. The LA must continue to protect confidential participant information and comply with all applicable privacy and confidentiality requirements even after grant closeout. 7. Emergency Transition of Services 11 of 13

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a. If the SA terminates a LA grant agreement, the SA will solicit an alternate, current LA or qualified organization to assume the service area on an emergency basis. b. The outgoing LA shall cooperate fully with transition activities, including: i. Transfer of participant records and data in accordance with privacy requirements; ii. Provision of information regarding vendor relationships and contracts; iii. Coordination of equipment and supply transfers as directed by the SA; iv. Communication with participants about service continuity; v. Participation in transition meetings with SA and incoming Grantee. c. The emergency transition shall minimize service disruptions to ensure continuous access to WIC benefits for participants. d. Within 24 months following termination and emergency transition, the SA will conduct a needs assessment and issue a competitive Announcement of Funding Availability (AFA) for the service area in accordance with Procedure Section A. 8. Collection of Amounts Due a. Any funds paid to the LA in excess of amounts to which the LA is entitled under the terms of the grant shall constitute a debt to the Federal government and the State. b. If not paid within ninety (90) days of demand, the SA may: i. Make reasonable efforts to collect the debt; ii. Withhold amounts from future grant payments to the LA; iii. Refer the debt to the appropriate State or Federal collection agency; iv. Pursue other legal remedies available under State or Federal law. c. Interest, penalties, and administrative costs may be assessed on overdue debts in accordance with applicable State and Federal regulations.

REFERENCES:

1. WIC Regulations 7 CFR 246.5, Selection of Local Agencies 2. WIC Regulations 7 CFR 246.6, Agreements with Local Agencies 3. WIC Regulations 7 CFR 246.20, Audits 4. 2 CFR 200.208, Specific conditions 5. 2 CFR 200.311-200.315, Property Standards: Federally owned and exempt property, Equipment, Supplies, Intangible property 6. 2 CFR 200.334, Record retention requirements 7. 2 CFR 200.340, Termination 12 of 13

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8. 2 CFR 200.341, Notification of termination requirement 9. 2 CFR 200.342, Opportunities to object, hearings, and appeals 10.2 CFR 200.343, Effects of suspension and termination 11.2 CFR 200.344, Closeout 12.2 CFR 200.345, Post-closeout adjustments and continuing responsibilities 13.2 CFR 200.500-200.521, Audit Requirements 14.WIC Nutrition Services Standards, Standard 2 Clinic Environment and Customer Service 15.WIC Nutrition Services Standards, Standard 3 Staff Qualifications, Roles and Responsibilities 16.Administrative Rule Of The West Virginia Division Of Personnel §143-1-12.4

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1 of 6 West Virginia WIC Policy & Procedure 1.17 Effective Date: 01/03/06

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Fair Hearing Policy for Local Agencies

POLICY:

The State Agency will provide a hearing procedure whereby a Local Agency adversely affected by a State Agency action may appeal the action.

PROCEDURE:

A. Notification of Right to Request a Fair Hearing

1. The right to request a fair hearing will be granted when a Local Agency's application of contract is denied or, during the course of the yearly contract, when a Local Agency is disqualified or other adverse action which affects participation is taken.

2. Expiration of a contract or agreement with a Local Agency and/or sanctions which do not pertain to disqualification will not be subject to appeal.

3. The Local Agency must be informed in writing of their right to a request a fair hearing and the method to request a fair hearing when:

< The Local Agency is found to be non-compliant with WIC Program regulations;

< The State Agency’s Program funds are insufficient to support the continued operation of all existing Local Agencies at their current participation level; or

< The State Agency determines, following a review of Local Agency credentials, that another Local Agency can operate the Program more effectively and efficiently.

4. The State Agency considers, but is not limited to the following, when terminating a Local Agency or denying an application:

< The availability of other sources to participate and the efficiency and effectiveness of the Local Agency in terms of food, administrative and program services costs;

< The percentages of participants in each priority level being served by the Local Agency and the percentage of need being met in each participant category;

< The relative position of the area or special population served by the Local Agency in the Affirmative Action Plan;

< The Local Agency's place in the priority system based on the relative availability of health and administrative services; and

< The capability of another Local Agency(ies) to provide service to the affected Local Agency's participants.

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5. When disqualifying a Local Agency, the State Agency will:

< Make every effort to transfer affected participants to another Local Agency without disruption of benefits;

< Ensure that participants are notified of the changes which may occur, such as

scheduling and location of the WIC clinic, and the effective date;

< Provide the Local Agency with written notice not less than sixty (60) days in advance of the pending action which includes the reasons for disqualification, the date of disqualification, and except in cases of the expiration of a Local Agency's agreement, the Local Agency's right to appeal as set forth in policy; and

< Ensure that the action is not in conflict with any existing written agreements between the State Agency and the Local Agency.

6. The State Agency will not transfer caseload until the administrative appeal action is completed and the decision is rendered.

a) Local Agencies losing or gaining caseload through a caseload redistribution of a Local Agency may appeal the action if they disagree with the State Agency's proposed plan of action.

b) In order to ensure a smooth transition of caseload from one Local Agency to another, advance notification will be provided to a Local Agency which will lose or gain caseload, or which will not have its contract renewed.

B. Notification of WIC Program Policies and Federal Regulations

1. The Local Agency may request a pre-hearing conference to discuss the topic(s) in depth prior to the actual fair hearing.

2. When the Local Agency continues to want a fair hearing after the pre-hearing conference, the State Agency will distribute to the Local Agency:

< Information on fair hearing procedures;

< A discussion of their rights and responsibilities;

< The role of the Hearing Officer; and

< Other pertinent information.

C. Time Limit for Requesting a Fair Hearing

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Fair Hearing Policy for Local Agencies

1. The Local Agency must request a fair hearing within sixty (60) days of the date the State Agency mails or gives the written notice of adverse action to deny or terminate the contract.

2. The Local Agency must use the Appeal Request For Local Agencies form (see Attachment #1 1.17) to request a fair hearing. No modifications or creation of new materials will be used that mimic the form.

D. Denial or Dismissal of Request

The State Agency will not deny or dismiss a Local Agency’s right to request for a fair hearing unless:

< The request is not received within the sixty (60) day time limit;

< The request is withdrawn in writing by the Local Agency or their representative;

< The Local Agency or their representative fails, without good cause, to appear at the scheduled hearing; or

< The State Agency decision was upheld at a previous hearing and the Local Agency cannot provide evidence that circumstances relevant to WIC Program or participation have changed in such a way as to justify a second hearing.

E. Continuation of Local Agency Operation

The Local Agency is subject to review by the State Agency for compliance with the terms in the contract.

1. If the Local Agency is found to be out of compliance at any time during the contract period or because of any of the reasons listed under procedure A4 of this policy, the Local Agency will be advised in writing of the reason(s) for termination of the contract prior to the effective termination date.

2. The State Agency retains the option of abrogation of the contract on a gradual phase-out basis, not to exceed ninety (90) calendar days, should the Local Agency fail to meet any of the obligations stipulated and agreed to in the contract.

F. Policy and Procedure

The State Agency will process each request for a fair hearing according to policy and will make the fair hearing policies and procedures available for public inspection and copying.

1. A copy of Policy 1.17, Fair Hearing Policy for Local Agencies, and the Appeals Request for Local Agencies form (see Attachment #1 1.17) will be issued to the Local Agency upon receipt of a request for a fair hearing.

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Fair Hearing Policy for Local Agencies

2. The form will be completed by the Local Agency Director and sent to the State Agency Director to request a fair hearing.

3. The State Agency will immediately submit the hearing request to the State Board of Review.

G. State Agency

The State Agency will send the personnel who make the decisions regarding the appellant to the fair hearing in order to explain why the appellant was denied participation, disqualified, or terminated from the WIC Program contract.

1. State Agency personnel will appear at the fair hearing to testify regarding the denial, disqualification, or termination.

2. State Agency personnel will state exactly how they came about making the decision regarding the appellant.

3. State Agency personnel will explain each step within the decision making process as it pertains to the appellant.

4. State Agency personnel will inform the Hearing Officer of the policy and procedure upon which they relied to make the decision regarding the appellant.

H. Hearing Officer

Fair hearings will be conducted by an officer of the WV DHHR Board of Review who does not have any personal stake or involvement in the decision and who was not directly involved in the initial determination of the action being contested. The Hearing Officer is responsible for the following.

1. Notify the appellant and the State Agency Director of the hearing location, date and time with a minimum of ten (10) days advance written notice.

a) The fair hearing will be held in Charleston, West Virginia, unless otherwise agreed to by the State Agency and the Hearing Officer.

b) The initial hearing date will be conducted within thirty (30) days from the date the State Agency received the request for a fair hearing.

c) The Local Agency will have an opportunity to reschedule a fair hearing date a maximum of one (1) time.

2. Maintain an updated copy of the West Virginia WIC Policy and Procedure Manual. A copy of the fair hearing policy will be included with the written notice to the appellant.

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3. Administer oaths of affirmation.

4. Ensure all relevant issues are considered.

5. Request, receive and make part of the hearing record all evidence determined necessary to decide the issues being raised.

6. Regulate the conduct of the fair hearing to be consistent and orderly.

I. Conduct of the Hearing

The Local Agency or their representative will have an opportunity to:

< Examine the evidence to support the decision under appeal prior to and during the hearing;

< Be assisted or represented by an attorney (at Local Agency's own expense) or other person;

< Bring witnesses;

< Advance arguments without undue interferences;

< Question or refute any testimony or evidence, including an opportunity to confront and cross examine adverse witnesses; and

< Submit evidence to establish all pertinent facts and circumstances in the case.

J. Hearing Decisions

1. Decisions of the Hearing Officer will comply with Federal Law, Regulations or Policy and will be factually based on the hearing record.

2. The decision will be binding on the State Agency and will summarize the facts of the case, specify the reasons for the decision, identify supporting evidence and relevant regulations or policy. The decision will become a part of the record.

3. Within sixty (60) days of the hearing request, the Local Agency or their representative and the State Agency Director will be notified in writing of the decision. The Local Agency may operate as an authorized West Virginia WIC Agency if the decision is in their favor.

4. All State Agency hearing records will be available to the appellant or representative at any reasonable time period.

a) All records will be kept on file until all issues are resolved, or until the end of a three (3) year and one-hundred fifty (150) day period, whichever is later.

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Fair Hearing Policy for Local Agencies

b) The fair hearing records can include, but are not limited to: the verbatim transcript or recording of testimony; an official report containing the substance of what transpired at the hearing; and all papers and requests filed in the preceding.

K. Appeal of Unfavorable Fair Hearing Decision

1. The fair hearing will be conducted in conformance with USDA Regulations.

2. If the decision of the Hearing Officer is unfavorable to the Local Agency, the decision will include explanation of appellant's right to pursue Judicial Review.

3. The Local Agency will not continue to issue food instruments while pursuing Judicial Review of the decision.

L. Appeal to State Agency - Monetary Claims

1. The Local Agency who is being disqualified for disallowed costs identified by a State Agency audit that requires restitution to the State Agency may request an appeals hearing.

2. The Local Agency has fifteen (15) days from receipt of the notice of payment due to request an appeals hearing.

3. The appeals hearing will be held before the West Virginia Health and Human Resource, Board of Review, Office of Inspector General.

4. The appeals hearing will be conducted in conformance with USDA Regulations.

M. Use of claims from Local Agencies

1. The State Agency may use funds collected through the recovery of local agency claims to cover allowable expenditures incurred during the fiscal year in which the initial obligation was made, the claim arose, the funds are collected, or after the funds are collected.

2. The State Agency may not credit recoveries of a local agency claims until any review of the claim action requested in accordance with the local agency agreement has been completed.

3. The State Agency must maintain documentation supporting the amount and use of all local agency collections.

REFERENCES:

1. WIC Regulations: 246.18, Administrative Appeal of State Agency Decisions 2. FNS Instructions 802-2, Reassessment and Selection of Local Agencies

ATTACHMENTS:

1. Appeals Request for Local Agencies

West Virginia WIC Policy & Procedure 1.18 Effective Date: 7/05/2017 1.18

Separation of Duties

1 of 1 POLICY:

Separation of duties is required within the certification and food benefit issuance process in order to prevent fraud or abuse or the appearance of either.

PROCEDURE:

A. Separation of Duties

1. WIC personnel who are receiving eWIC benefits/card, who have a family member participating in the WIC Program or who act as a caregiver for a WIC participant may not conduct any aspect of the eligibility process or issue eWIC benefits/card or replacements of either to himself/herself, his/her family member(s) or the person for whom he/she is the caregiver.

2. WIC personnel who are responsible for the determination of income eligibility and medical or nutritional risk cannot be the same person. Either person may issue eWIC benefits/cards.

B. Situations where Separation of Duties is Not Possible

1. It is recognized that some agencies have a small staff. When coupled with employee absences or vacancies, some flexibility in maintaining separation of duties must be allowed.

2. In those situations where separation of duties is not possible, the Local Agency Director or designee will conduct a third-party review in those WIC clinics on a bi- weekly basis.

a. The Local Agency Director (or designee) must conduct a post review of all non-breastfeeding infant certification records and at least twenty (20) percent of a random sample of the remaining certification records within two (2) weeks of certification.

3. The Local Agency Director or designee will maintain a file with names of such participants and relationship to the employee by using the Separation of Duties Log (see Attachment #1 1.18) and assign duties in accordance with policy.

C. Compliance with the Separation of Duties Policy

1. Local Agency compliance with policy will be monitored during the State Agency Program Review and Local Agency Internal Review.

REFERENCES:

1. FNS Memorandum 2016-5, Separation of Duties at WIC Local Agencies

ATTACHMENTS:

1. Separation of Duties Log

West Virginia WIC Policy & Procedure 1.20 Effective Date: 12/18/2025

1.20

National Voter Registration Act of 1993

POLICY:

The National Voter Registration Act of 1993 (NVRA), also known as the Motor Voter Act, is a United States federal law which requires state governments to offer simplified voter registration processes for any eligible person who applies for public assistance - including WIC.

Each applicant for services, renewal of services or address changes must be provided with a voter registration form as well as assistance in completing the form and forwarding the completed application to the appropriate state election official.

Agencies are required to provide each applicant who does not decline to register to vote with the same degree of assistance in completing the voter registration form as is provided in completing other program forms, unless the applicant refuses such assistance.

The West Virginia WIC Program implemented NVRA January 1, 1995.

PROCEDURE:

A. NVRA Forms

1. NVRA forms must be kept on hand at each Local Agency WIC clinic. Declination forms, Voter Registration forms, and mailing envelopes are available from the Secretary of State by requesting via email elections@wvsos.com or phone 304-558-6000

2. Voter registration forms must be distributed to WIC participants during each application/initial certification, subsequent certification or change of address.

3. Declination forms must be filed by day in a secure clinic location.

B. The Local Agency Provides the Following Services:

1. Provide the WIC participant during each application/initial certification, subsequent certification or change of address an opportunity to register to vote or decline to register to vote.

2. Assist the WIC participant in completing the registration form, with the same degree of assistance as is provided in completing other program forms, unless the applicant refuses such assistance; and

3. Accept completed registration forms for transmittal to State election officials.

C. The Local Agency is Prohibited from the Following:

1. Seeking to influence an applicant’s political preference or party registration;

2. Displaying any such political preference or party allegiance;

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National Voter Registration Act of 1993

3. Making any statement to an applicant or taking any action to discourage the applicant from registering to vote; and

4. Making any statement to an applicant or taking any action that leaves the applicant with the impression that a decision to register or not to register has any bearing on the availability of Program services or benefits.

D. Integration of NVRA into the WIC Clinic

1. Voter registration will be integrated into the WIC clinic in a manner that minimizes burden and is least disruptive to WIC Program procedures.

E. Local NVRA Coordinators

1. Each site must have an NVRA Coordinator.

2. NVRA Coordinators will train existing agency staff on their responsibilities under the NVRA every six (6) months and will provide NVRA training to all new hires within 2 weeks of hiring.

a. Coordinators will use the Motor Voter Best Practices Guide (Attachment #1) and PowerPoint(Attachment #2) presentation provided by the Secretary of State’s Office.

b. Maintain and secure a voter registration ‘date’ hand stamp. Hand stamps are provided by the Secretary of State’s Office. If you need a new date hand stamp, contact the Secretary of State’s Office at 866-767-8683 or via email elections@wvsos.com.

c. Ensure that each application is stamped the day it is received in the agency office.

d. Forward completed voter registration applications to the Secretary of State’s Office within five (5) business days of receipt in the prepaid envelope provided by the Secretary of State’s Office. Clinic Name - “City/Town WIC” - should be in the return address area to designate location to assist the Secretary of State’s Office in tracking submitted registrations.

e. Retain declination forms in the local office for 22 months in a secure location. It is recommended that the forms be filed by date in order to make it easier to clear the files as each group reaches the 22nd month. At the end of 22 months, those declinations must be destroyed.

REFERENCES:

1. WIC Policy Memorandum 94-4 Implementation of the National Voter Registration Act of 1993 (NVRA) 2 of 3

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National Voter Registration Act of 1993

2. WIC Policy Memorandum 95-1, Questions and Answers on Implementation of National Voter Registration Act of 1993 (NVRA)

ATTACHMENTS: 1. Motor Voter Best Practices Guide 2. Motor Voter Powerpoint Training PDF Version

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1 of 2 West Virginia WIC Policy & Procedure 1.21 Effective Date: 03/18/04

1.21

Local Agency Comments on Draft Policies

POLICY:

The Local Agency Director and applicable personnel as determined by the Local Agency Director or State Agency will have the opportunity to comment on draft policy revisions and additions prior to their incorporation into the West Virginia WIC Program Policy and Procedure Manual.

PROCEDURE:

A. Frequency of Draft Policies Submitted

1. Policy revisions will be sent to the Local Agency Director every three (3) months for review.

2. The Local Agency Director will receive the draft policies approximately two (2) weeks prior to the Local Agency Director Meetings.

B. Written Comments

The Local Agency Director will send written comments to the person indicated on the memo attached to the draft policy submitted.

1. The comments must be received by the State Agency within thirty (30) days of the Local Agency receipt date of the memo.

2. Comments may be emailed or faxed to the State Agency.

3. Comments made by phone will not be accepted.

4. Comments received after thirty (30) days will be held for consideration with future revision.

C. Policies Not Forwarded for Local Agency Comment

Policies will not be forwarded for comment because of, but not limited to, the following:

< Cases of mandatory or emergency rule

< Policies as determined by the State Agency that need no Local Agency comment

D. Comments may Not be Incorporated into Policy

All comments will be considered, but may not be incorporated into policy because of, but not limited to, the following:

< Contradiction with Federal Regulations

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1.21

Local Agency Comments on Draft Policies

< Contradiction with State regulations or existing policies and procedures

< Limited use for one Local Agency

E. Comments on Draft Policies is a Requirement

The Local Agency Director is required to send written comments when they have no comments regarding a draft policy.

F. Policy in Final Form

1. Upon approval of the Mid-Atlantic Regional Office of Food and Nutrition Service, policy revisions and additions will be forwarded by the State Agency to the Local Agency Director for distribution and training of WIC personnel.

2. Once the policy is issued in its final form, all WIC personnel will follow the policies and procedures as written.

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1.22

Patient Flow Analysis

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POLICY:

The purpose of Patient Flow Analysis (PFA) is to empower WIC clinic personnel with a tool for improving the WIC clinic environment (i.e. team work, customer service and clinic flow).

PROCEDURE:

A. PFA Study Training

All WIC personnel will be trained to conduct PFA studies.

B. Frequency of Conducting PFA Studies

1. A minimum of one (1) PFA study or one (1) follow-up study will be conducted in a Local Agency WIC clinic every six (6) months, or as necessary to meet Local Agency WIC clinic requirements.

2. Each Local Agency WIC clinic will have a minimum of one (1) PFA study and one (1) follow-up study conducted during a two (2) year period.

C. PFA Study and Follow-up Study Documentation

The Local Agency Director or designee will document each PFA study and follow-up study conducted on the Local Agency PFA Documentation sheet (see Attachment #1 1.22).

D. PFA Study and Follow-up Study Staff Meetings

The Local Agency Director or designee will conduct a staff meeting following each PFA study and follow-up study and complete the Local Agency PFA Staff Meeting Documentation sheet (see Attachment #2 1.22).

1. The purpose of the PFA study staff meeting is to identify one WIC clinic problem and find a possible solution.

5. The purpose of the PFA follow-up study staff meeting is to determine if the intervention was successful or if further actions are necessary.

E. Steps of Each PFA Study Include:

< Planning;

< Holding a staff orientation;

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Patient Flow Analysis

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< Collecting data;

< Editing and entering data into the computer using the CDC PFA software;

< Printing graphs and statistics;

< Analyzing findings with staff input;

< Brainstorming solutions with staff input (Local Agency Director or designee who is responsible for implementation of office changes must be present); and

< Implementing changes (Local Agency Director or designee) and restudying for effects.

F. Questions or Problems

Contact the State Agency with questions/problems or for requesting PFA supplies.

West Virginia WIC Policy & Procedure 1.23 Effective Date: 3/3/2015 1.23

Supply Ordering Policy

1 of 1 POLICY:

The Local Agency will use the following procedures when ordering supplies from the State Agency:

PROCEDURE:

A. Placing an Order through the Warehouse

1. The State Agency will maintain an electronic file in which Local Agencies may access the following order forms:

a. Order Form for WIC Clinic Materials b. Order Form for WIC Breastfeeding Materials c. Order Form for WIC Nutrition Education Materials d. Order Form for WIC Outreach Materials

2. WIC personnel will complete the appropriate order form when requesting supplies.

a. Fax the completed form to the WVDHHR Materials Management Warehouse. b. Maintain a copy of the completed form at the Local Agency.

Note: Phone orders will not be accepted.

B. Filling an Order

1. Upon receiving a fax from the Local Agency, the storage facility will ship the requested supplies to the Local Agency.

C. Verifying Receipt of an Order

1. The storage facility will provide packing slips in boxes upon shipping.

2. Upon delivery of order, WIC personnel will review the packing slip to ensure the order is correct.

3. If the order is not correct, the State Office will be notified. WIC personnel will note the problem on the packing slip and the packing slip will be faxed to the storage facility.

D. Notification of Materials Not Available

1. The storage facility will notify the Local Agency of items not available or items that are on backorder via the packing slip.

E. Placing an Order for eWIC Cards

1. WIC personnel will place orders to the State Agency via e-mail for the EBT (eWIC) Cards.

West Virginia WIC Policy & Procedure 1.24 Effective Date: 07/01/98 1.24

Equipment Work Request

1 of 1 POLICY:

The Local Agency will use the designated form to request repair of computer equipment.

PROCEDURE:

A. Before Repair

1. The Local Agency Director will complete the top portion of the Equipment Work Request (see Attachment #1) and fax or mail the form to the State Agency.

2. The State Agency will notify the Local Agency Director of the date of the scheduled repair.

B. After Repair

1. The State Agency will complete the lower portion of the form and return it to the Local Agency Director once the work is completed.

ATTACHMENTS:

1. Equipment Work Request

West Virginia WIC Policy & Procedure 1.25 Effective Date: 01/01/00 1.25

Racial Classification

1 of 1 POLICY:

The Local Agency will have the applicant/participant “self-determine” race during certification.

PROCEDURE:

A. Self -Determination of Race

1. Each applicant or participant must be asked to self-identify race during a certification appointment.

B. Documentation of Race

1. Staff may choose to verbally ask applicant/participant directly to classify race.

2. Staff may choose to have applicant/participant write down racial classification.

Note: Local Agency may develop a short form that lists racial classifications so the participant may document his/her race.

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1 of 12 POLICY:

State and local agencies are responsible for the security of all ADP projects being developed and operational systems involved in the administration of FNS programs. State agencies shall determine appropriate ADP security requirements based on recognized industry standards of standards governing security of Federal ADP systems and information processing.

SCOPE:

All State and Local agency WIC personnel will adhere to the policies and procedures herein described as well as those already established by the State of West Virginia Office of Technology Policies: http://www.technology.wv.gov/security/Pages/policies-issued-by-the-cto.aspx • Information Security Policy • Internet Usage Policy • Email Use Standards • Acceptable Use of Portable and/or Wireless Devices along with Chapter 61, Article 3C. West Virginia Computer Crime and Abuse Act., http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=61&art=3C

PROCEDURE:

The State Agency (SA) will maintain a program for conducting periodic risk assessments to ensure that appropriate, cost-effective safeguards are incorporated into new and existing systems. A risk assessment shall be performed whenever significant system changes occur.

The SA will review the ADP system security of 20% of all WIC clinic sites on a biennial basis. The review shall evaluate physical and data security, operating procedures, and personnel practices. The SA will determine compliance with requirements and provide a written summary of all findings to both the local agency and FNS after the completion of the ADP System Security Review. The SA will submit a plan of corrective action to the Local Agency with dates of scheduled milestones, when completed, will correct any security weaknesses.

The State Agency will provide one copy of all IT Policies initially to each local clinic site. These policies will be kept on-site for review and new staff training. The Local Agency will be notified of changes to the IT Policies on the web sites. It will be the responsibility of each local clinic site to update these separate policies.

A. Administrative/Management Security Controls

1. The SA will delegate a staff member who will act as the WIC Security Officer. The roles of the WIC Security Officer are outlined under the Personnel Security section of this policy. The WIC Security Officer will track all system breaches and monitor and test for vulnerability of security safeguards at irregular intervals but at least once a year.

B. Computer Security Controls

1. Access Control

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2 of 12 Controls are to be established by the SA to prevent unauthorized persons from reading from and writing to programs and data files. The SA and the Local Agency (LA) Director will submit to the WIC Security Officer a Network Logon form for all staff that leaves employment immediately. The LA Director will also submit a new form for all new hires. Staff under no circumstances shall share network/Crossroads/MMIS/E- WIC passwords and logon ID’s. Invalid login attempts will lock user out of the network after five (5) attempts. Crossroads will lock out the user after two (2) unsuccessful attempts. For security reasons, all passwords cannot be seen. The network automatically locks the computer after 5 minutes of inactivity. All staff are instructed to lock computer screens whenever leaving their computer unattended. Should a particular PC be used by multiple persons within the clinic site, each person must log out prior to another person’s use of the PC. The WIC Security Officer shall maintain a current list of all system users.

2. Identification and Authentication

Both the WIC network and the Crossroads application use the same network ID and password. Crossroads users are added to the application with their network ID’s and given the appropriate roles to the clinics they need access to. Network IDs are approved and processed by the WIC security as stated above. The WIC Helpdesk adds the roles for the user in Crossroads providing for a separation of duty at the state office.

Wide Area Network a. All sensitive telecommunications equipment will be guarded from unauthorized physical access.

b. All connections from remote systems will be subject to authentication. In addition, all remote connections to WAN equipment will display the following banner: ************************************************************************

WARNING: This system is for the use of authorized clients only. Individuals using the computer network system without authorization, or in excess of their authorization, are subject to having all their activity on this computer network system monitored and recorded by system personnel. To protect the computer network system from unauthorized use and to ensure the computer network system is functioning properly, system administrators monitor this system. Anyone using this computer network system expressly consents to such monitoring and is advised that if such monitoring reveals possible conduct of criminal activity, system personnel may provide the evidence of such activity to law enforcement officers. Access is restricted to authorized users only. Unauthorized access is a violation of state and federal, civil and criminal laws.

Department of Health & Human Resources WIC. ****************************************************************** Local Area Network a. Policies will be in place on all PCs connected to the LAN requiring validation from the network server in order to access Windows.

b. All SA and LA Clinic personnel are required to have a unique network logon ID.

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3 of 12 c. Passwords for logon IDs will expire and must be changed every sixty days.

d. Any network logon account unused for ninety days will be disabled.

CROSSROADS

WIC Clinic and State office staff will have the same USER ID as the network as stated previously.

a. Local Agency Directors or their designee will instruct the WIC Security Officer and WIC Help Desk where the user will be working and what duties they will be performing. After the WIC Security Officer approves the network login and OT has completed the Network Login setup, WIC Help Desk will add the user to the Crossroads application.

b. Local Agency Directors or their designee is also responsible for making sure people are deleted from the system by filling out an OT Network Deprovision form online and assigning it to the WIC Security Officer for approval. This shall be performed within 24-48 hours or less after personnel leave employment.

c. Crossroads passwords are encrypted and cannot be seen on the screen. Passwords also expire every sixty days at the same time that the network passwords expire. Crossroads has a link to the active directory to verify passwords. So the passwords expire and are the same for both systems. Crossroads does have a separate login screen but uses the network login and passwords information. If a user mistypes, the password twice logging into Crossroads, the system automatically also locks the network password.

d. When staff leave their desks for any length of time, they should lock their computer screen.

3. Audits

Audits should be available in the system to track problems and look at security issues within Crossroads

Crossroads has security files, automated error logs, time and date stamps on records.

a. User IDs are assigned to records automatically to record who is doing a particular function in Crossroads. These areas are Income and Residency, Blood Work, Height and Weight, and Food Package Assignment, risk assessment, Benefit Issuance, Care Plans, and Nutrition Education at a minimum.

b. Security files are kept that include when passwords are to expire, number of unsuccessful attempts.

c. The security file also limits what a user can do depending on flags that are set when they are added to the system. If a function is not permitted to the user,

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4 of 12 the menu will be faded and not accessible for that function.

d. A file is also available to track logon error and violations.

4. Configuration Management

The Crossroads System Manager, SA Equipment Coordinator and MIS Project Leader must approve every change made to documentation, hardware and software. As new equipment is added to sites, a ghost image is made which is copied to all new PC equipment ensuring that all new PCs will set up exactly the same including all files needs to run the Crossroads application.

Computer Equipment Purchases

All computer equipment purchases will be handled through the WV WIC program state office. Any purchase of automated data processing equipment and software must have prior SA approval. See WV Policy & Procedure 6.11. State Requirements

a. Any purchase exceeding $500.00 and being less than $5000.00 requires that three verbal bids be obtained. Documentation verifying the bids must be provided.

b. Any purchase exceeding $5000.00 and being less than $10,000.00 requires the use of state approved vendors and a minimum of three written bid quotes.

c. Any purchase exceeding $10,000.00 must be placed on the State’s Purchasing Bulletin Board and requires a signed bid summary from WV Office of Technology and WV DHHR MIS.

d. Any invoices not meeting the above criteria will be rejected by the WV State Auditors Office.

Federal Requirements

a. The SA will provide a five-year plan which lists ADP equipment at both the SA and LA level which will give purchase date and anticipated replacement date. The five-year plan will also include anticipated costs associated with the replacements.

b. Purchases not listed on the five-year plan and greater than $100,000

will need prior USDA approval. See FNS Handbook 901.

C. Communication Controls

1. Physical Security

a. Clinic Sites: All sensitive networking equipment, to include servers, routers, and switches, will be located in the most secure area of the clinic. If it is necessary that the equipment be located in a room used to serve clients, the

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5 of 12 equipment will be placed in a manner that prohibits access. This will be accomplished by storing the equipment in a protective cabinet or restricting client access to the area. The LAN file server is never to be used as a workstation. Policies are placed on file servers to allow access only by the Network LAN Specialist.

b. State Office: Networking equipment and servers for state personnel is located in the computer room at Bldg6 of the WV State Office Complex.

c. In addition, both the WIC state office and LA clinics will follow the West Virginia State IT Policy - Physical and Environmental Security, Reference I, Policy 12.0.

D. Information Security Controls

1. Data/File Protection – The following guidelines will be followed by both the SA and LA staff to ensure proper data/file protection:

Backup and Recovery

State Office

a. All servers holding information pertinent to WIC will perform full backups nightly via the network to an external storage device.

b. In case of a data loss, or hardware failure in a file server, a full backup will be restored by WV Office of Technology staff.

c. All servers will be connected to a power conditioning UPS in order to prevent data loss and hardware damage.

Clinic Sites

a. All file servers located at WIC clinics will be backed up nightly with a 30-day retention.

b. In case of a data loss, or hardware failure in a file server, a full backup will be restored by WV Office of Technology Staff

c. All servers will be connected to a power conditioning UPS in order to prevent data loss and hardware damage.

d. Files should not be saved to the Clinic PC’s as they are not backed up.

2. Data/Software Backup

Application backups are also being completed for the Crossroads servers by WV Office of Technology back up procedures.

3. Security Training

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All Local Agency staff is required to have mandatory online information security awareness training performed annually. This training is provided by WV Office of Technology annually and is provided online.

E. Personnel Security Controls

1. Organization

Responsibilities in this area include that of the SA and MIS Department to hire and train personnel in proper security procedures. WIC/MIS shall hire and maintain certain levels of personnel with differing roles and responsibilities. Staff shall always have someone who can back them up if the need arises. Personnel shall be assigned certain roles and responsibilities according to their skills.

The SA will establish the roles and responsibilities of MIS Personnel. The WIC SA and LA Users will adhere to all current state procedures and outlined roles and responsibilities as outlined in Reference I, Policy 3.0 - Management and Staff Responsibilities.

The SA will maintain and update as needed a set of roles and responsibilities for all MIS staff. This will be done on a periodic basis, probably during Employee Evaluations and reviews. Once established, these responsibilities should not be modified unless job duties change. WIC/MIS Project Leader and WIC Equipment Coordinator report to DHHR/MIS supervisory staff and receive direction from WIC State Agency Administrative staff. The Helpdesk Analyst and Crossroads Project Manager will report directly to WIC State Agency Staff.

2. The Current WIC/MIS positions and responsibilities are as follows:

a. WIC Security Officer

• Approve and Maintain Local Agency User Sign-on’s to the LAN. • Developing the ADP Security Policies/Plan along with the WIC/MIS Project Leader and the Crossroads Project Manager. • Investigate security breaches of any type recommending emergency procedures when deemed necessary. Informing MIS and WIC administration of problems as necessary. • Monitor adherence to WVOT and WVDHHR Security Policies. • Assist in contingency planning for emergencies at the local level. • Review biennial security review of 20% of WIC Sites completed by the WIC Equipment Coordinator according to the review policy. • Maintain a list of all Logon ID’s issued and what locals they are assigned to and their duties. • Coordinate with the Field PC Technician, the inventory of WIC computer equipment.

b. Crossroads Project Manager

• Supervise Helpdesk Analysts and EBT coordinator positions

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7 of 12 • Coordinate all equipment and Crossroads related functions with local and site staff. • Coordinate with MIS Supervisory staff the duties of the WIC Equipment Coordinator and give directions to the staff member. • Assist the trainer in developing Crossroads Training. • Developing the ADP Security Policies / Plan along with the WIC/MIS Project Leader and the WIC Equipment Coordinator. • Assist in contingency planning for emergencies at the local level. • Gather Site Surveys and WV WIC Program Site Description form every year from local sites according to policy. • Contact person for local site offices that are moving. • Oversee Equipment Inventory practice of field equipment. • Gather work requests from sites for equipment repairs

c. MIS/WIC Project Leader

• Develop the Security Policies/Plan with the Crossroads Project Manager • Act as WIC Security Officer • Determine system needs and modifications to the Crossroads System and present them to the Crossroads User Group along with the Crossroads Project Manager • Coordinate System Distribution • Solve Complex processing problem with nightly batch processing, as needed. • Work with WIC Admin Staff and Field Users to determine needs. • Determine needs associated with new federal regulations. • Provide needed reports to the Regional Office along with the Crossroads project Manager. • Give direction to WIC Equipment Coordinator and Helpdesk Analysts • Oversee the overall function of all MIS Processes • Ensure that sites are able to serve clients • Coordinate all EBT processing and daily redemptions reconciliation • Coordinate and process ACH payments to the Cap Formula Warehouse. • Develop Crossroads reports as needed • Run reports for the 798, rebates and caseload monthly

d. WIC Equipment Coordinator

• Ensure all servers are successfully backing up on an appropriate level. • Create Telecommunication Change Requests for phone and WAN line changes. • Coordinate equipment purchases along with MIS to post requested computer purchases for approval by WV Office of Technology. • Coordinate moving of computer equipment and network lines at WIC local offices that are moving. • Coordinate the replacement of computer equipment in field offices and state office with the Office of Technology. • Coordinate repairs for equipment that is under warranty with vendors providing the equipment with OT field staff.

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8 of 12 • Add and update software to PCs as necessary. • Ensure that inventory records are kept up-to-date. • Coordinate maintenance with all sites. • Match inventory records with on-site inventory on a biennial basis. • Assist in problem resolution with Autodialer • Revise the Five Year Equipment Replacement Plan and see that goals are met accordingly. • Request OAF(Operational Adjustment Funding) funding for equipment to meet the Five Year Plan. • Coordinate with eRecycle and surplus on how to dispose of computer hardware following department guidelines ensuring proper data encryption and/or destruction.

e. Help Desk Analyst

• Answer Help Desk calls from local sites and resolve problems over the phone. • Resolve and monitor Autodialer activities. • Train users on solving Crossroads Problems over the phone. • Test new version of Crossroads according to the release management notes. • Assist Crossroads Project Manager in determining errors and entering JIRA tickets for Crossroads UAT and Production Problems. • Be available to assist on Crossroads Design calls, as requested • Assist WIC Crossroads Manager and MIS Project lead as needed • Maintain user rights and roles within the Crossroads System and E-WIC system.

3. Separation of Duties

Within the SA, separation of duties is accomplished in the following manner: WIC IT Staff are separated into different levels of responsibilities depending on their civil service classification. WIC Project Manager and WIC MIS Project lead with have will have separate responsibilities from The WIC Equipment Coordinator and Help Desk Personnel. Both units may backup the other unit, when necessary due to illness, vacations or vacancies.

The WIC Security Officer will approve network logon requests received from the LA Directors. These will then be completed by WV Office of Technology staff. The WIC Crossroads manager will oversee the roles that are available within Crossroads. The WIC Help Desk Staff will add/maintain users within Crossroads and give them the roles and site access as needed in Crossroads.

Software Development

All modification request are presented to the Crossroads User Group for approval. Once approved, the Crossroads Maintenance and Enhancement contractors will create the system design for approval and implementation.

4. Personnel

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9 of 12 Each SA/LA employee must sign a Confidentiality Statement upon their hiring. This statement extends to participant records, databases, and the release of information. Reference II draft IT policy 0504 also addresses the issue of Background Investigations and Employee Confidentiality Statement.

It is also the responsibility of the SA and LA Director to brief all new employees on the Security Policies in effect. Upon termination of employment, personnel must turn in to the Security Manager/LA Director all identification cards, keys, programs, data files etc. in their possession. SA and LA Director must interview and emphasize to each terminated employee their continuing responsibility to maintain the privacy and confidentiality of State data.

SA staff will be briefed on Emergency Preparedness annually, which will include fire evacuations and procedures to follow in the event of a bomb threat. The SA staff will follow regulations as set forth in Reference V.1 & Reference V.2 Bomb Threat Checklist.

SA and LA personnel will abide by the following System Usage guidelines E-Mail Usage

a. Every WIC staff member will have their own personal email account. In addition, there is a clinic email for each clinic site. This email may be accessed by multiple people within the clinic. Clinic personnel will check for new messages a minimum of once a day for the clinic email.

b. Microsoft Outlook provided by the Office of Technology desk will be the only e-mail programs installed on WIC PCs. Use of Internet E-mail services such as Hotmail is prohibited.

c. If a message is received that is designated as “Critical”, clinic personnel will open the message in a minimum of two working days.

d. All WIC state office and clinic staff will abide by the Email Use Standards Policy mentioned previously.

Internet Usage

a. All WIC personnel will adhere to the Internet Usage Policy and Information Security Policy mentioned earlier.

Other Software

a. Microsoft Office is installed on all clinic PC’s. b. Security Policies will be placed on all PCs preventing the installation of software by unauthorized users. c. All software installed on WIC PCs will be purchased according to the Computer Equipment Purchases Policy. See West Virginia Policy & Procedure 6.11. d. The SA will maintain licensing information for all software. e. Any additional software must be installed by WV OT staff and approved by the

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10 of 12 WIC Office.

F. Physical Security Controls

1. Access Control

a. Physical access to WIC sites will be maintained. b. Facility will be locked at all times when authorized personnel are not present. c. SA/LA personnel shall wear name badges at all times. d. Unauthorized individuals shall be escorted at all times by LA/SA staff. e. If access is via an electrically controlled system, a determination must be made if it can be operated by standby battery power or overridden by an accessible key.

2. Equipment Security

a. WIC Equipment Coordinator will maintain an inventory of all ADP equipment with serial numbers, locations and maintain records. This information is also to be kept by the LA which is updated and submitted to the SA biennially per State WIC Policy & Procedure 6.15.

b. File servers will be placed in limited access area if possible. If this is not feasible, servers may be stored in a protective cabinet or by restricting client access to the area.

c. Proper equipment maintenance/warranty coverage will be maintained for all PC equipment.

d. All computer equipment with memory stored inside hardware must be picked up by WV eRecycle team. WV eRecycle will ensure that all data has been wiped from the device prior to surplus/retirement.

G. Environmental Security Controls

A West Virginia WIC Program Site Description Chart (Reference VI) will be completed/updated for each site administered by each Local WIC Agency by July 1 of each year. This survey will be used for any potential site when relocating clinics. All site surveys will contain emergency contact numbers with a primary number and a secondary phone number for each site.

The Local Agency will complete the Local Agency/SA Security Survey (Reference VII) by July 1 of each year.

Environmental Security - (See Reference I - State of WV Information Security Policy 4.4 Physical & Environmental Policy)

1. Water Damage

a. Local Agencies will consider environmental issues that may affect clinic and equipment operations when choosing a new clinic site. Potential sites should

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11 of 12 be examined to determine the probable effect from damage or destruction of contents, interruption of electric power and communications, lack of access to the building due to water/flood related issues.

b. In addition to the overall effect of natural flooding, examine the flood damage potential from all causes. Evaluate the location/future location of computer equipment within the building. (A basement location is potentially the least desirable location). Inspect the ceiling above ADP hardware areas for previous water leakage stains

2. Fire Exposure

a. Review fire emergency procedures with staff, assigning individual responsibilities in the event of fire and ensure staff knows the location of all fire extinguishers. Local fire department may be able to provide training in these emergency procedures.

b. Place portable fire extinguishers strategically in clinics with location clearly marked.

c. If building is equipped with automatic fire extinguishing systems, determine its adequacy and readiness.

d. Determine the location of smoke detectors.

3. Natural Disaster/Housekeeping Program

a. Determine if the building and equipment are properly grounded for lightning protection.

b. Keep computer area free of accumulated papers/trash. This would include refraining from stacking papers, books, handouts on and around the CPUs. These items prohibit the free flow of air that the CPU needs to keep the equipment from overheating.

c. Food and drink must be kept away from computers and their peripherals.

d. Install surge protectors to prevent electrical fluctuations.

e. To prevent destruction of data, the LA staff will notify SA should the UPS malfunction and become inoperable.

f. The SA will secure LA equipment that is covered by a three-year warranty to provide equipment maintenance as well as provide a field tech to do routine PC maintenance.

g. Ensure that backup tapes are stored in fire resistant box.

4. Contingency Plan

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12 of 12 a. Contingency plans are to protect PC equipment and its users against unacceptable loss. Proper procedures must be in place in the event of weather-related emergencies and sudden power losses. The SA will identify those applications that must be run immediately, those that can be delayed, and those which can be postponed indefinitely or performed in another manner.

b. Daily backups are performed on the file servers and on the communication stations of each site.

c. Disaster Recovery Exercises will be conducted yearly for the IS&C mainframe to ensure continued operation in the event of an emergency. See Reference VIII.

H. Procedures for WIC Biennial Security Review

The objective of the biennial security review is to perform a network security assessment of the West Virginia WIC Program. The project will involve work being performed on-site at county WIC clinics as well as remotely gathering information on computer systems prior to the on-site visit for corrective action and discussion with the appropriate Local Agency WIC directors. Additionally, a physical safeguards assessment will take place during the on-site visit.

Security reviews consisting of WIC networks will be audited using remote security software in order to detect, interrogate, test for weak passwords, and report on well-known services of identified WIC computers that are network-connected. Scans will occur one week prior to the scheduled on-site security review, and any findings that cannot be corrected remotely will be addressed during the on-site visit. WIC computer users will not be aware of scans, nor will the security scans affect WIC computer operations.

Also, prior to the on-site visit, information will be gathered about WIC user accounts. Reports of user account inconsistencies, disabled, inactive, never used accounts, will be run one week prior to the scheduled on-site security review. Findings will be discussed with the appropriate Local Agency Director and corrected.

REFERENCES:

1. State of West Virginia Information Security Policies 2. WV DHHR Information Technology Policies and Procedures 3. Chapter 61, Article 3C. West Virginia Computer Crime and Abuse Act 4. Diamond Emergency Preparedness Guide 5. FNS Handbook 901

ATTACHMENTS:

1. West Virginia WIC Program Site Description Chart 2. Local Agency Security Survey

West Virginia WIC Policy & Procedure 1.27 Effective Date: 4/28/2015 1.27

Conflict of Interest

1 of 1 POLICY:

Both, the Local Agency and State Agency shall ensure no undeclared Conflict of Interest or the appearance of Conflict of Interest exists for any employee of a Local Agency or State Agency. A Conflict of Interest will be deemed to exist when an employee of a Local or State WIC agency is also a participant, parent/guardian, or caregiver, or who works or who has relatives who work at or own a WIC approved grocery store.

PROCEDURE:

A. Conflict of Interest

1. Both the Local Agency and State Agency must maintain a file containing the signed Conflict of Interest Statement (see Attachment #1).

2. The Local Agency Director and State Agency Director shall ensure that every WIC employee sign and date the Conflict of Interest Statement (see Attachment #1) each fiscal year, October 1st through September 30th.

3. A WIC employee who is a participant, parent/guardian, or caregiver must follow Policy 1.18, Separation of Duties.

4. Local Agency compliance with this policy will be monitored during the State Agency Program Review and Local Agency Internal Review.

REFERENCES:

1. WIC Regulations 7 CFR 246.12 Food delivery methods

ATTACHMENTS:

1. Conflict of Interest Statement

West Virginia WIC Policy & Procedure 1.28 Effective Date: 5/01/08 1.28

Transportation for WIC Participants

1 of 1 POLICY:

The State Agency may authorize the transportation of WIC participants to and from local WIC clinics where access is a barrier.

PROCEDURE:

A. Documentation of Services

1. The Local Agency requesting authorization must submit their request in writing to the State Agency.

a. The Local Agency request must include documentation that providing transportation services is essential to assure program access.

b. The State Agency will notify the Local Agency if their request for the allowability of transportation has been approved.

B. Distribution

1. The Local Agency must distribute transportation benefits fairly and adhere to Policy 1.08 Civil Rights.

2. The Local Agency must maintain documentation of all transportation benefits issued.

3. Direct reimbursement to participants for transportation cost is not an allowable cost.

REFERENCES:

1. WIC Regulation 7 CFR 246.14 Program Cost 2. WIC Policy Memorandum 95-2 Clarification of Allowability of Transportation Costs for WIC Participants

West Virginia WIC Policy & Procedure 1.29 Effective Date: 6/18/2026

1.29 Quality Improvement Local Agency Responsibilities

POLICY:

Local Agency (LA) personnel play an important role in operational quality improvement to enhance workflow processes and data integrity that result in positive outcomes for WIC children, families and workforce.

Workflow is the logical order to accomplish efficient, streamlined service provision within a best practice model while continually assessing and prioritizing work tasks. Integrated workflow requirements align federal regulations, Nutrition Services Standards, state policy and procedures, and performance measures into everyday operations at all organizational levels.

The State Agency (SA) and Local Agencies acknowledge that quality improvement and federal standards require continual change and workflow adjustments. The LA assists the SA in carrying out continuous monitoring and improvement of workflow processes fairly and consistently.

The LA also assists the SA in entering and maintaining data for comprehensive applicant and participant records, federal reporting, and management evaluations.

Procedure: A. Local Agency Required Reports for Continual Quality Improvement 1. Weekly, designated LA staff will review the following reports within the Crossroads Computer System (XR), and conduct corrective actions to address participant needs: a. WV WIC Care Plan Missing Statement located at XR - Operations - Clinic (Policy 5.04) b. WV WIC-53 Missing Scanned Medical Doc located at XR - Operations - Clinic (Policy 4.09) c. WV Active Client with no Future Benefits located at XR - Operations d. WV Temporary Certification Report - Missing Documentation located at XR - Operations (Policy 2.08) 2. Weekly, LA designee will reach out to potentially eligible participants within three days of the date added to the spreadsheet that is shared with each LA designee, utilizing a Standard Operating Procedure: a. Local Agency Foster Detail Tracker Report (Policy 2.23) 1

West Virginia WIC Policy & Procedure 1.29 Effective Date: 6/18/2026

1.29 Quality Improvement Local Agency Responsibilities

3. Bi-weekly, the LA Director or designee will review the WV Separation of Duty Report Exceptions located at XR-Operations (Policy 1.18). The LA Director or designee will conduct corrective actions to ensure program integrity. 4. Monthly, designated LA staff will review the following reports within XR and conduct corrective actions to address program service requirements: a. WV Active Pregnant Women located at XR - Clinic for BFPC (Policy 5.20) b. WV Active Breastfeeding Women located at XR - Clinic for BFPC (Policy 5.20) c. Breast Pump Issuance Detail Report located at XR - Clinic for Breastfeeding Liaisons (Policy 5.20 and 5.21)

4. Every other month, designated LA staff will reach out to potentially eligible participants within 30 days of receiving the report, utilizing a Standard Operating Procedure: a. Medicaid List (2 reports) found on the Local Agency Google Drive in the Outreach Folder titled NonMatchKidsMONYEAR LA## and NonMatchPregMONYEAR

B. Local Agency Required Document Submission for Performance Measures 1. Monthly, LA staff will submit the following reports to the designated LA Liaison by the LA-outlined deadline to meet WIC grant performance measures, and report to the SA. a. Outreach Monthly Hour Reports by the 15th day of the month (Policy 7.01) b. Breastfeeding Monthly Hour Reports by the 15th day of the month (Policy 5.20) c. Vendor and Resource Listing (Policy 8.02, Attachment #1) by the 15th day of the month

2. Quarterly, designated LA staff will submit the following reports to meet WIC grant performance measures, and reporting to the SA: a. LA Staff Meeting Sign-in Sheets via Google Meet populated report or

11.01 Attachment #1 b. Breastfeeding, Farmers Market, Nutrition Education, Outreach and Vendor Annual Plan Action Templates by August 31, January 31, April 30, 2

West Virginia WIC Policy & Procedure 1.29 Effective Date: 6/18/2026

1.29 Quality Improvement Local Agency Responsibilities

and July 31. SA may allow specific liaison groups to be exempt from Annual Planning due to scope of work for the year. Nutrition and Breastfeeding will not be exempt.

3. Biannually, LA staff will submit the following reports to meet WIC grant performance measures, and reporting to the SA: a. Training tracking report to the Staff Development Specialist by April 1 and October 1 (Attachment #4 Policy 11.01).

4. Annually, LA Liaisons will submit an Annual Plan reporting to meet WIC grant performance measures, and reporting to the SA: a. Annual Plans by August 31 (Policy 5.11, 5.23, 7.10) b. Final Reports by October 31 (Policy 5.11, 5.23, 7.10)

C. Local Agency Required Document Submission for Memorandums of Understanding, Coordination of Services or Data Use Agreements 1. Monthly, LA staff will submit documents for record keeping to the designated LA Liaison in compliance with data use agreements, Memorandums of Understanding, or other required coordination of services: a. National Voter Registration Forms (Policy 1.20) 1. Each site will have a National Voter Registration Act (NVRA) Coordinator (Policy 1.20) b. Lead Screening Reporting (Policy 2.21) (if applicable to the LA)

D. Local Agency Required Document Submission for Program Management 1. Annually, designated LA staff will submit documents to designated SA staff for management evaluations and monitoring by September 30th: a. Internal Monitoring Reports (Policy 9.02) 2. Annually, designated LA staff will submit documents to designated SA staff by July 1st:

a. Security (Policy 1.26)

3. The Training Tracking Report must be submitted biannually to the Staff Development Specialist/Training Coordinator; this report will be due April 1st and October 1st.

a. Staff Training Records Training Tracking Report (Policy 11.01) 3

West Virginia WIC Policy & Procedure 1.29 Effective Date: 6/18/2026

1.29 Quality Improvement Local Agency Responsibilities

4. Within designated timeframes, LA staff will submit documents to designated SA staff: a. Policy Memo Acknowledgement within 14 working days following release of the memo b. New Employee Network Access-Director or a Director Designee will submit WV WIC Network Account Form within two (2) days prior to start date c. Departing Employee Network Access Deprovision within 24-48 hours or less after personnel leave. (Policy 1.26) d. The Inventory Form will be submitted to the State Agency for review no later than June 30 of the year in which the inventory is completed (Policy 6.15)

E. Local Agency Optional Reports for Continuous Quality Improvement 1. If directed by the Local Agency Director (LAD), LA staff will review the following reports within XR, and conduct corrective actions to address participant needs or ensure the most accurate data within records: a. Daily Appointment to be Rescheduled, located at XR - Appointments b. WV Nutr Ed Missed Appt located at XR - Appointments c. WV Families with no Future Appt located at XR - Appointments d. WV Family Alerts located at XR - Operations

F. Required Documents to be Maintained in XR

1. Various documents are submitted, reviewed, verified, and issued during the application, certification, or ongoing service provision process. Documents that must be scanned within the participant's XR record are: a. Income information if the applicant is over-income (Policy 2.09) b. Notification of Ineligibility (Policy 2.09) c. Self-Declaration Form (Policy 2.17) d. Foster Care, Kinship Care and/or Adoption Custody Documentation (Policy 2.07) e. Consent of Release of Information (Policy 1.03) 4

West Virginia WIC Policy & Procedure 1.29 Effective Date: 6/18/2026

1.29 Quality Improvement Local Agency Responsibilities

f. WIC-53 Exempt Formula and WIC Nutritionals Authorization Form (Policy 4.09) g. Participant Agreement, if completed via paper (Policy 2.10) h. Medical Documentation for Physical Presence Exemption (Policy 2.01) i. Medical Documentation for Hemoglobin Testing Exemption (Policy 2.13) 5

West Virginia WIC Policy & Procedure 2.01 2.01 Certification of WIC Participants Effective Date: March 21, 2025 POLICY:

To qualify for the West Virginia WIC Program, infants, children, and pregnant, postpartum and breastfeeding women must:

1. Reside within the jurisdiction of the State (see Policy 2.04 Residency Requirements);

2. Meet the income criteria specified (see Policy 2.06 Income Eligibility Requirements);

3. Meet the nutrition risk criteria specified (see Policy 2.11 Nutrition Risk Criteria).

4. Be physically present unless there is an allowable exception (see 2.22 Emergency Certification and Section I below)

Note: infants are defined as persons under one year of age; children are defined as persons who have had their first birthday but have not yet attained their fifth birthday; pregnant women are defined as women determined to have one or more embryos or fetuses in utero; postpartum women are defined as women up to six months after end of pregnancy; and breastfeeding women are defined as women up to one year postpartum who are breastfeeding their infants.

PROCEDURE:

A. Applicant/Participant Certification Information

1. Applicant/participant certification information will be entered into the appropriate Crossroads Computer System screens.

B. Notification of Participant Rights and Responsibilities (Participant Agreement Form)

1. At certification appointments, each Program participant, parent/guardian or caretaker must read, or have read to him or her, the Participant Agreement Form (WIC-05), which outlines their Program rights and responsibilities (see Policy 2.10 Participant Rights and Responsibilities).

a. If the Participant Agreement Form (WIC-05) is unable to be electronically signed, the participant, parent/guardian or caretaker will sign a paper copy of the form. This must be scanned into the Income Information Screen in Crossroads.

C. Applicant Screening

1. Verification documents may be submitted in advance of or at the time of appointment in person, via fax, or via electronic means. If they prefer, participant(s) can email, text, or fax the required documentation for the appointment. The Local Agency will require each applicant to present the following verification documentation in person, via fax or electronically:

a. Proof of residency (see Policy 2.04 Residency Requirements); 1

West Virginia WIC Policy & Procedure 2.01 2.01 Certification of WIC Participants Effective Date: March 21, 2025 b. Proof of identity (see Policy 2.17 Verification of Identification of WIC Applicant/Participant and Parent, Guardian or Caretaker); and c. Proof of income eligibility (see Policy 2.06 Income Eligibility Requirements). Note: A shortened, thirty (30) day certification period, also referred to as a temporary certification, will be given to any applicant who is missing one of the three above required components of determining Program eligibility. See Policy 2.22 Temporary Certifications

2. The Nutritionist/Nutrition Associate (CPA) will determine if the applicant/participant is at nutritional risk through a client-centered nutritional assessment (see Policy 2.11 Nutrition Risk Criteria).

D. Proof of Pregnancy

1. Proof of pregnancy is required for eligibility but will not create a barrier to participation.

a. If pregnancy can be visually determined, written proof is not required.

b. Proof of pregnancy must include the participant’s name and the date of the test and/or exam.

i. Proof of pregnancy can include a positive pregnancy test statement from a healthcare provider or facility, or an ultrasound photo.

ii. Proof of pregnancy can be verified by the original (hard copy) or on an electronic device.

c. Home pregnancy tests will not be accepted as proof of pregnancy.

d. Proof of pregnancy will be documented on the Health Information Screen.

i. Proof of pregnancy will not be scanned into the Crossroads Computer System.

2. Pregnant women who are not visibly pregnant and do not have documented proof of pregnancy at the time of certification will be certified using Risk Code 503 – Presumptive Eligibility and issued benefits for 60 days if all other eligibility criteria are met. Crossroads automatically creates the certification period for 60 days and creates a family alert titled ‘Presumptive Eligibility for Pregnant Woman’ with the description ‘Participant is presumptively eligible pending completion of the eligibility determination process. Risk Factor 503 is assigned.’

a. Once proof of pregnancy is provided and documented on the Health Information screen in Crossroads, staff will navigate to the risk factor screen and save new risk codes, the Certification Summary screen now has a ‘Complete Assessment’ enabled. Clicking the ‘Complete Assessment’ button completes the certification assessment and provides the woman with the full certification period 2

West Virginia WIC Policy & Procedure 2.01 2.01 Certification of WIC Participants Effective Date: March 21, 2025

b. If proof of pregnancy is not obtained within sixty (60) days of the certification date, the participant will be terminated during the certification period due to insufficient information available (see Policy 2.09 Notification of Ineligibility).

i. A new certification, including new anthropometric measurements and hematological testing, will be required after the participant is terminated.

c. Proof of pregnancy will be required prior to benefit issuance for an applicant whose past status as a pregnant WIC participant was not verified.

3. WIC certification will be performed at no cost to the applicant. WIC personnel should ensure that pregnant applicants have prenatal care services that include pregnancy testing at no cost to the applicant if done to establish WIC eligibility.

E. Breastfeeding Women

1. Breastfeeding women are defined as women up to one year postpartum who are breastfeeding their WIC-eligible infant(s).

2. Breastfeeding is the practice of feeding breast milk to her infant on an average of at least once a day.

3. Non-birth mothers, who are breastfeeding a WIC-eligible infant, and who are otherwise WIC-eligible, will be certified as breastfeeding.

a. Examples of a non-birth mother include: a wet nurse, an adoptive mother, or a foster mother. Note: a foster mother must have prior approval by a foster care special service supervisor or child welfare supervisor.

b. This does not include women who donate breast milk to a milk bank.

c. The CPA must contact the State Help Desk for unique infant-mother dyad circumstances outside the scope of Crossroads

4. When a woman has a nutritional risk condition that contraindicates breastfeeding an infant a nutrition assessment based on reported diagnosis, guidance and education will be provided. Based on the results of this assessment, it is at the CPA’s discretion to provide a referral or follow up with the health care provider as necessary prior to certifying the woman as breastfeeding.

a. The postpartum birth mother who meets WIC eligibility criteria may receive benefits, as a non-breastfeeding, postpartum participant.

F. Postpartum Women

1. Postpartum women will be certified as a WIC participant up to six (6) months after end of pregnancy. 3

West Virginia WIC Policy & Procedure 2.01 2.01 Certification of WIC Participants Effective Date: March 21, 2025

a. A woman will be certified to receive postpartum benefits regardless of the reason of the termination or duration of pregnancy.

2. Women who are certified as breastfeeding and discontinue breastfeeding before six (6) months postpartum, will be certified as non-breastfeeding, postpartum.

G. Infants

1. Infants are defined as persons under one year of age.

2. Infants must be physically present at the WIC clinic for their certification appointment.

H. Children

1. Children are defined as persons who have had their first birthday but have not yet attained their fifth birthday.

2. A child must be physically present at the WIC clinic during each certification appointment.

I. Exceptions to Physical Presence

1. An exception to physical presence will be granted to applicants/participants with disabilities who are unable to be physically present at the WIC clinic because of their disabilities. Examples of such situations include:

a. A medical condition that necessitates the use of medical equipment that is not easily transportable;

b. A medical condition that requires confinement to bed rest; and

c. A serious illness that may be exacerbated by coming into the WIC clinic.

2. The parent/guardian or caretaker of a WIC applicant/participant who is not able to attend WIC clinic because of a qualifying condition will attend the scheduled certification appointments, and will provide certification eligibility information and the following documentation on a healthcare provider’s letterhead or prescription pad:

a. The diagnosis or reason for confinement and duration of confinement;

b. Anthropometric measurements that are less than sixty (60) days old;

c. Hemoglobin data, if age one (1) or older, that is less than ninety (90) days old. The blood value date must meet the criteria as established in Policy 2.13 Hematological Testing.

d. The medical excuse must be scanned into Crossroads on the Income Information Screen.

4

West Virginia WIC Policy & Procedure 2.01 2.01 Certification of WIC Participants Effective Date: March 21, 2025 3. WIC personnel will document the physical presence exemption reason on the Crossroads Participant Demographics Screen.

a. Anthropometric measurements and hemoglobin data will be entered into the Anthro/Lab Screen.

4. The parent/guardian or Caretaker will complete a nutrition assessment for the WIC applicant/participant.

5. A WIC applicant/participant with a short-term illness will be rescheduled and attend WIC clinic at a later date.

REFERENCES:

1. WIC Regulations 7 CFR 246.2 Definitions 2. WIC Regulations 7 CFR 246.7 Certification of Participants 3. Final WIC Policy Memorandum 96-1, Non-Birth Mothers Certified as Breastfeeding Women 4. Final WIC Policy Memorandum 2001-2, WIC Blood Work Requirements 5. SFP 09-046, WIC Hematological Data Requirements: Clarification 6. West Virginia WIC Participant Agreement, WIC-05 7. USDA BF Policy and Guidance, July 2016, Chapter 1 8. USDA - Certification and Eligibility Resource and Best Practices Guide 5

West Virginia WIC Policy & Procedure 2.02 Effective Date: 10/16/2015 2.02

Priority System

1 of 2 POLICY:

Each WIC participant will be assigned a priority based on their category and condition(s) of nutritional risk to assure the delivery of WIC benefits to persons with the greatest nutritional need.

PROCEDURE:

A. Eligibility for WIC Program Participation

Applicants who meet categorical eligibility, income, residency and nutritional risk criteria (see Policy 2.01, Certification of WIC Participants) are eligible for WIC Program participation.

B. Determination of a Priority

The WIC applicant’s priority will be determined during the initial certification and subsequent certifications by the Competent Professional Authority (CPA). If a Local Agency is maintaining a waiting list (see Policy 1.09, Waiting List Management), the highest priority applicants (those at greatest nutritional risk) will be the first to receive WIC Program Benefits.

C. Priority System

1. Priority I includes pregnant women, breastfeeding women and infants at nutritional risk as demonstrated by hematological or anthropometric measurements or other documented nutritionally related medical conditions which demonstrate the need for supplemental foods.

2. Priority II includes infants up to six (6) months of age (except those infants who qualify as Priority I) of women who participated in the WIC Program during pregnancy, and infants up to six (6) months of age born to women who did not participate in the WIC Program during pregnancy, but whose medical records document that they were at nutritional risk during pregnancy because of nutritional conditions detectable by biochemical or anthropometric measurements or other documented nutritionally related medical conditions which demonstrate the need for supplemental foods (see Policy 2.15, Certification of Priority II Infants).

3. Priority III includes children and postpartum women at nutritional risk as demonstrated by hematological or anthropometric measurements or other documented nutritionally related medical conditions which demonstrate the need for supplemental foods.

West Virginia WIC Policy & Procedure 2.02 Effective Date: 10/16/2015 2.02

Priority System

2 of 2 4. Priority IV includes pregnant women, breastfeeding women and infants at Nutritional risk because of an inadequate dietary pattern, or who are at nutritional risk solely because of homelessness or migrancy.

5. Priority V includes children at nutritional risk because of an inadequate dietary pattern, or who are at nutritional risk solely because of homelessness or migrancy.

6. Priority VI includes postpartum women at nutritional risk, including those who are at nutritional risk solely because of homelessness or migrancy.

7. Priority VII includes participants with a valid Verification of Certification (VOC) card (see Policy 2.14, Verification of Certification Cards).

a) When the Local Agency has a waiting list, but is enrolling some new participants, a person with a VOC card will be enrolled and allowed to finish their certification period, even if the Local Agency is not serving their priority level.

b) If the Local Agency is not serving any new persons, the VOC card holder must be placed on the list ahead of all waiting applicants, regardless of the priority level under which he/she was certified and regardless of whether the Local Agency is currently serving that category.

c) When the participant reapplies at the end of the certification period, he/she will be treated as any other applicant, placed in the appropriate priority level and, when necessary, put on the waiting list.

REFERENCES:

1. WIC Regulations 246.7, Certification of Participants

West Virginia WIC Policy & Procedure 2.04 Effective Date: 7/15/20 2.04

Residency Requirements

1 of 3 POLICY:

A WIC applicant must reside within the boundaries of West Virginia in order to receive WIC Program benefits.

PROCEDURE:

A. Service to Applicants

The Local Agency will serve applicants who reside in or choose to obtain WIC benefits in the geographical area for which it is contracted by the State Agency to provide WIC services.

1. Migrant and homeless persons will be considered as residents by their presence in the State.

2. The length of residency will not be a barrier to eligibility.

B. Verification of Residency

1. Verification of residency will be required of the applicant during each certification appointment (See Policy 2.17, Attachment #2).

a. The source of verification may include: i. CHIP Eligibility Verification ii. Citizenship Papers iii. Concealed Carry Permit iv. Custody and Foster Care Documentation v. Driver’s License or State Identification Card with photo vi. Employee Check Stub (current, with address printed on it) vii. Immigration Record (with address printed on it) viii. Medicaid Eligibility ix. Military Identification Card (with address printed on it) x. Rent Lease, Receipt or Mortgage Receipt (current) xi. SNAP Benefits Eligibility Letter xii. School Identification Card (with address printed on it) xiii. Social Security Benefit or Social Security Disability (current) xiv. Tax Return or W-2 Form xv. Unemployment Benefit (current) xvi. Utility Bill (current) xvii. VA Benefit (current) xviii. Voter Registration Card xix. WV Works Eligibility Letter (with address printed on it) xx. Self-Declaration Form (state-agency approval only; see below; see Policy 2.17, Attachment #1)

West Virginia WIC Policy & Procedure 2.04 Effective Date: 7/15/20 2.04

Residency Requirements

2 of 3 2. The address and source of verification will be documented in the Crossroads Family Demographics Screen.

C. Self-Declaration Form (see Policy 2.17 Attachment #1)

1. An applicant/participant and/or parent, guardian or caretaker that has no proof of residency must provide a signed statement attesting their residency (see Policy 2.17 Attachment #1).

2. The only acceptable uses of Policy 2.17 Attachment #1 include: a domestic violence victim, a victim of theft, loss or disaster, a homeless individual or a migrant.

a. A misplaced or lost proof of residency is not an acceptable use of Policy 2.17 Attachment #1.

3. Attachment #1 will be scanned into the Crossroads Computer System, titled and documented as Self-Declaration Form.

4. Use of Attachment #1 must have State-Agency approval. The State-Agency will document approval for self-declared proof of identity in the Crossroads Computer System.

D. Temporary Residence

1. Residency for a student, military personnel, foster child or other temporary resident will be determined by the address at which the person resides while at the temporary location.

E. Joint Custody

1. Residency of a child whose parents are separated and share joint custody will be determined by the parents.

F. Dual Participation

1. WIC personnel will call the State Agency Help Desk immediately upon getting a “Duplicate Participation” message in Crossroads to ensure that the problem is resolved correctly (see Policy 1.11 Dual Participation).

G. Persons Affiliated with Institutions/Homeless Facilities

1. Persons affiliated with institutions/homeless facilities are eligible to participate in the WIC Program when they meet Program eligibility criteria (see Policy 2.18 Services to Persons Affiliated with Institutions & Homeless Facilities).

H. Notification of Ineligibility

West Virginia WIC Policy & Procedure 2.04 Effective Date: 7/15/20 2.04

Residency Requirements

3 of 3 1. Applicants who reside or choose to obtain benefits outside of the Local Agency geographical area for which it provides services will receive a Crossroads generated Notice of Ineligibility (see Policy 2.09 Notification of Ineligibility).

REFERENCES:

1. WIC Regulations 246.7, Certification of Participants 2. West Virginia WIC Policy 2.17, Identification of Applicant/Participant and Parent, Guardian or Caretaker

1 of 2 West Virginia WIC Policy & Procedure 2.05 Effective Date: 08/01/97

2.05

Time Frames for Processing Applicants

POLICY:

Time frames for processing applicants are intended to allow WIC personnel to expediently determine eligibility and provide Program benefits to individuals with a nutritional need.

PROCEDURE:

A. Application Date

The application date is assigned by STORC as the date when a prospective participant or authorized representative first requests benefits either by phone, in writing or in person.

B. Pre-certification

1. At the time of the initial request for benefits, record in the STORC Pre-certification Screen:

< The WIC family identification number;

< Participant name and payee name;

< Address and phone number;

< Applicant’s date of birth, WIC condition and sex;

< Due date or delivery date for women; and

< Household size family income information.

2. The remainder of the information required to determine eligibility will be obtained during the initial appointment.

C. Pre-certification at Outreach Events

The Pre-Certification Form (WIC-31) must be used when conducting pre-certifications outside of the WIC clinic.

1. The form will be completed by WIC personnel at the outreach event.

2. A search in STORC for an existing record will be conducted at the WIC clinic.

3. If it is a new record, the information on the form will be entered into the STORC Pre- certification Screen.

2 of 2 West Virginia WIC Policy & Procedure 2.05 Effective Date: 08/01/97

2.05

Time Frames for Processing Applicants

4. WIC personnel will schedule an appointment and send an appointment letter.

D. Time Frames

When the Local Agency is not serving its maximum caseload, the Local Agency will accept applications, determine eligibility, notify the applicant of eligibility or ineligibility and issue food instruments within the following time frames:

< Within ten (10) calendar days of the application date for benefits for Priority I women, all infants and members of migrant farm worker households; and

< Within twenty (20) calendar days of the application date for all other applicants.

E. Notification of Ineligibility

1. An applicant who is screened for income eligibility during an initial phone contact will have the opportunity to be screened at the WIC clinic if they are determined to exceed the income guidelines.

2. A Notice of Ineligibility will be generated from the STORC Pre-certification Screen or a Notice of Ineligibility Form (WIC-11) will be issued when an applicant provides documentation at the WIC clinic that shows they are over income (see Policy 2.06, Income Eligibility Requirements).

3. A copy of the Notice of Ineligibility for the applicant determined to be over income will be filed in either:

< The participant’s chart; or

< A file maintained by the WIC clinic for those who do not have a participant chart.

REFERENCES:

1. WIC Regulations 246.7, Certification of Participants 2. FNS Instruction 803-15, Processing Time Frames

West Virginia WIC Policy & Procedure 2.06 Effective Date:4/8/2025

2.06

Income Eligibility Requirements

POLICY:

Applicants for WIC benefits will be considered economically eligible if their total income is no higher than one-hundred eighty-five (185) percent of the federal poverty income guidelines. The State Agency will announce and transmit revised income guidelines to the Local Agency as changes in the poverty guidelines occur.

PROCEDURE:

A. Definitions

1. Adjunct Income Eligibility: Automatic income eligibility for the Program is granted for any applicant who documents that he/she is: a. Certified as fully eligible to receive SNAP; b. Certified as fully eligible, or presumptively eligible pending completion of the eligibility determination process to receive TANF, Medicaid or PEIA/CHIP- Gold; or a member of a family that is certified eligible to receive assistance under TANF; or c. A member of a family that includes a pregnant woman or an infant that is certified eligible to receive assistance under Medicaid.

2. Adopted Child or Infant: When a family has an adopted child, or a family has accepted legal responsibility of a child, the child is counted in the family size with whom he/she resides.

3. Child Support Payments: Payments are considered income for the family with whom the child lives. The payments cannot be deducted from the income of the family paying the support. The child for whom support is paid cannot be counted in the household paying the support.

4. Current Income: Income of an applicant’s family during the thirty (30) days prior to application.

5. Economic Unit: A household or economic group of persons who usually live together and share income and the consumption of goods and services purchased as a result of that income.

6. Family: Persons residing together as an economic unit, excluding residents of institutions.

7. Foster Child: A foster child who is the legal responsibility of the Department of Human Services or other agency is considered a family of one (1) for WIC purposes.

Page 1 of 12

West Virginia WIC Policy & Procedure 2.06 Effective Date:4/8/2025

2.06

Income Eligibility Requirements

8. Homeless Individual: A person who lacks a fixed and regular nighttime residence; or whose primary nighttime residence is: a. A supervised publicly or privately-operated shelter (including a welfare hotel, a congregate shelter, or a shelter for victims of domestic violence) designed to provide temporary living accommodations; b. An institution that provides a temporary residence for individuals intended to be institutionalized; c. A temporary accommodation of not more than 365 days in the residence of another individual; or d. A public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.

9. Income: Gross income before deduction for income taxes, employee’s Social Security withholdings, insurance premiums, retirement plans and wage garnishment for the calendar year. This includes all money a household receives in actual cash.

10.Instream: Migrant farm workers who are currently performing agricultural labor in a particular geographic area. All migrant farm workers in West Virginia are considered instream.

11.Migrant Farm Worker: An individual with principal employment in agriculture on a seasonal basis and has been so employed within the last twenty-four (24) months and establishes a temporary abode for the purposes of such employment.

12.Military Family: An applicant, whose family members include military service personnel, is not determined income ineligible because of the temporary absence of one (1) or more military household members. Military personnel serving overseas or assigned to a military base are considered members of the economic unit even though they are not living with their families.

13.Net Income: Income from farm and non-farm self-employment determined by subtracting farm or business operating expenses from gross receipts.

14.Poverty Income Guidelines: The Poverty Income Guidelines are updated by the U.S. Department of Health and Human Services. The WIC guidelines are a percentage of the Poverty Income Guidelines and are determined by the U.S. Department of Agriculture.

15.Self-Employment: Net income is used to determine income eligibility for self-employed persons by subtracting the operating expenses from gross receipts. For farm income, operating expenses may include cost of

Page 2 of 12

West Virginia WIC Policy & Procedure 2.06 Effective Date:4/8/2025

2.06

Income Eligibility Requirements

feed, fertilizer, seed and other farming supplies; cash wages paid to farmhands; depreciation; cash rent; interest on farm mortgages; farm building repairs; and farm taxes (but not State and Federal income taxes). The value of fuel, food or other farm products consumed by the family is not included as an operating expense. For non-farm self- employed persons, operating expenses may include the cost of goods purchased, rent, heat, utilities, depreciation, wages and salaries paid, business taxes (but not personal income taxes). The value of saleable services and merchandise used by the family is not included as an operating expense.

16.Temporary Absence: A family member may be considered as part of an economic unit when temporarily absent because of school, training, employment, hospitalization, institutionalization, etc. and the family continues to provide the economic support.

17.Temporary High Income: Income which is above a family’s normal level because of lump sum payments that represent new money intended for use as income including, but not limited to: gifts, inheritances, lottery winnings, workman’s compensation for lost income, severance pay.

18.Temporary Low Income: Income which is below a family’s normal level because of infrequency or irregularity of employment. Families who may qualify for this category can include: self-employed persons (including farmers or seasonally employed persons whose income fluctuates), a family member who is on a temporary leave of absence from employment (such as maternity leave or extended illness), teachers who are paid on a ten (10) month basis and are temporarily on leave during the summer months, and college students who work only during the summer months and/or through school breaks.

19.Unemployed Person: An adult member of a family who is not engaged in a gainful occupation. This may include a person on strike or laid off.

B. Income Sources

Income considered in the determination of economic eligibility:

1. Monetary compensation for services: wages, salary, commission, fees, overtime; 2. Net income from farm and non-farm self-employment; 3. Social Security benefits;

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4. Dividends or interest on savings, checking accounts, bonds; 5. Income from estates or trusts or net rental income; 6. Unemployment compensation; 7. Striker’s benefits; 8. Government civilian employee or military retirement, pensions, veteran payments; 9. Private pensions or annuities; 10.Alimony or child support payments; 11.Regular contributions from persons living in the household; 12.Net royalties; 13.Student financial assistance not related to educational expenses (room, board, dependent care expenses); 14.Other cash income including, but not limited to, cash amounts received or withdrawn from any source including savings, investments, trust accounts and other resources which are readily available to the family; 15.Lump sum payments that represent new money for use as income including, but not limited to: gifts, inheritances, lottery winnings, workman’s compensation for lost income, severance pay; 16.A one-time Rural Benefit Payment from the Post 9-11 GI Bill.

C. Income Exclusions Income not to be considered in determining economic eligibility includes, but is not limited to the following:

1. Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (Public Law 91-646, Section 216);

2. Payment to volunteers under Title I (VISTA and others) and Title II (RSVP, foster grandparents, and others) of the Domestic Volunteer Services Act of 1973 (Public Law 93-113), Section 404 (g), 42 U.S.C. 5044(g)) to the extent excluded by that Act; includes payment to AmeriCorps Volunteers;

3. Payment to volunteers under Section 8 (b) (1) of the Small Business Act (SCORE and ACE) (Public Law 95-510, Section 101);

4. Payments received under the Job Training Partnership Act (Public Law 97-300, Section 142 (b), 29 U.S.C. 1552 (b));

5. Value of assistance received to children or their families under the National School Lunch Act, the Child Nutrition Act of 1966 and the Food and Nutrition Act of 2008;

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6. Payments under the Low-income Home Energy Assistance Act, as amended (Pub. L. 99-125, sec. 504(c), 42 U.S.C. sec 8624(f));

7. Student financial assistance received from any program funded in whole or part under Title IV of the Higher Education Act of 1965, including the Pell Grant, Supplemental Educational Opportunity Grant, State Student Incentive Grants, National Direct Student Loan, PLUS, College Work Study, and Byrd Honor Scholarship programs, which is used for cost. The specified costs set forth in section 472 (1) and (2) of the Higher Education Act are tuition and fees normally assessed a student carrying the same academic workload as determined by the institution, and including the costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; and an allowance for books, supplies, transportation, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution. The specified costs set forth in section 472 (1) and (2) of the Act are those costs which are related to the costs of attendance at the educational institution and do not include room and board and dependent care expenses;

8. WIC legislation and regulations provide State agencies the option to exclude certain housing payments and other allowances provided to military personnel in determining WIC eligibility. These include: a. Basic Allowance for Housing (BAH) b. Family Separation Housing (FSH) c. Overseas Housing Allowances (OHA) d. Overseas Continental U.S. (OCONUS) Cost-of-Living Allowances (COLA)

9. Military allowances:

a. Basic allowances for housing received by military services personnel residing in privatized on or off - base housing. This is indicated on the Leave and Earnings Statement (LES) as: Basic Allowances for Housing (BAH), Family Separation Housing (FSH), or Overseas Housing Allowance (OHA).

b. Cost-of-living allowance received by military service personnel residing outside the United States. This is indicated on the Leave Earnings Statement (LES) as: Overseas Continental United States Cost of Living Allowance (OCONUS COLA).

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c. Payments received by members of the Armed Forces and their families under the Family Supplemental Subsistence Allowance (FSSA) from the Department of Defense.

d. Combat pay that is received in addition to the service member’s basic pay; and is the result of the service member being deployed to or serving in an area that has been designated a combat zone; and was not received by the service member prior to deployment to or service in the designated combat zone.

10.Value of in-kind housing and other in-kind benefits; (example: food or housing received in lieu of wages).

11.Loans; not including amounts to which the applicant has constant or unlimited access.

12.Payments as a reimbursement for lost assets or injuries such as payments from insurance companies for loss/damage of real or personal property or payments intended for a third party to pay for a specific expense incurred by the household.

13.Payments received by property owners under the National Flood Insurance Program (NFIP).

D. Implementation of Policy

1. The Local Agency will implement the above policy and definitions for determination of income eligibility based on the most recent revision of income guidelines announced by the State Agency (see Policy 2.06 Attachment #1).

2. Income eligibility determination should be a simple process and not present an impediment to participation of the applicant.

3. In situations where eligibility is not clear, WIC personnel will use reasonable judgment.

4. The WIC personnel should contact the State Agency for assistance.

E. Determination of Income Eligibility

1. A family’s gross cash income may not be reduced for any reason, including

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hardships, high medical bills, or childcare payments. The income guidelines contain built-in standard deduction to account for financial hardships.

2. The family’s income during the past twelve (12) months or the family’s current (past month) income may be used to determine the best indicator of income. Exceptions include: a. Temporary Low Income/High Income: Income must be determined over the past twelve (12) months; and b. Unemployed Person: Income must be determined by reviewing the family’s current income during the period of unemployment.

3. Income will be calculated using the same frequency as the payment. For example, income documentation is shown as weekly pay, average and use weekly as the Crossroads payment frequency.

F. Economic Unit

1. More than one (1) separate economic unit may reside under the same roof.

a. Determine the composition and the dependence or independence of each applicant; b. An economic unit must have its own source of income; c. Decide whether the income is adequate to sustain the economic unit; d. Zero income usually means they are part of another economic unit; e. Any benefit which is of value but is not provided to the household in the form of cash is not considered income; f. The following questions may be asked to help determine if the income is adequate to sustain the economic unit: i. Are they responsible for all or a portion of own expenses and bills? ii. What type of income do they receive? iii. Who provides food and clothing? iv. Are they primarily independent and receive some goods or services or do the goods and services received result from sharing of income with other individuals?

G. Income Eligibility Guidelines (see Policy 2.06, Attachment #1)

1. An applicant’s income amount will be compared with the WIC Program income eligibility criteria to determine economic eligibility.

2. The source of income will be documented in the Crossroads Income Information Screen.

H. Self-Declaration of Income

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1. Self-Declaration of income may be used when:

a. The necessary documentation is not available. (i.e. work for cash) b. The applicant has no income. (see Economic Unit, D.4) c. The income documentation requirement would present an unreasonable barrier to participation (fire, homeless, theft, migrant farmer, physically cannot obtain).

2. Such a statement is not required when there is no income (see Economic Unit, D.4).

3. When self-declaration of income is used and the applicant meets all other criteria, the applicant will receive WIC benefits for the full certification period.

4. The applicant must sign the Self-Declaration Form (see Policy 2.17, Attachment #1) stating the income they claim.

a. The form must be approved by the State Agency; b. The form will be scanned into the participant’s file on the Crossroads Income Information Screen.

5. Household size, self-declaration and income declared must be documented in the Crossroads Income Information Screen.

I. Applicant Hardship

1. Contact the State Agency for guidance with circumstances of undue hardship for applicants to provide documentation of income.

J. Adjunctive Income Eligibility

1. Adjunctive income eligibility for the Program is granted for any applicant who documents that he/she is certified as fully eligible to receive SNAP, or certified as fully eligible, or presumptively eligible pending completion of the eligibility determination process to receive TANF or Medicaid; or a member of a family that is certified eligible to receive assistance under TANF, or a pregnant woman or an infant is certified eligible to receive assistance under Medicaid.

a. A foster child who remains the legal responsibility of the State and is certified as eligible to receive TANF or Medicaid can never confer adjunct income eligibility to family members. Only the foster child would be adjunctively income eligible for WIC.

b. An infant born to an individual who is enrolled in SNAP or Medicaid, or

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into a family receiving TANF is considered adjunctively income-eligible without any additional income documentation needed for the infant, as long as the infant is being certified within sixty (60) days of their date of birth.

c. West Virginia CHIP Gold is the only West Virginia Children’s Health Insurance Program (CHIP) tier eligible for adjunctive income eligibility.

i. CHIP Gold eligibility is <150% of the Federal Poverty Level and is funded by Title XXI funds and State funds.

ii. CHIP Blue eligibility is 150%-211% of the Federal Poverty Level and WIC cannot determine who is at or below 185% of the Federal Poverty Level.

d. Participation in these programs will be documented in the Crossroads Family Demographics Screen (foster status) and in the Crossroads Income Information Screen (SNAP, Medicaid, TANF, CHIP Gold, etc.). All programs that apply will be marked.

e. Applicants who are adjunctively eligible must not be denied WIC eligibility based on self-reported income or household size.

i. Because of minimum data set requirements, the number of persons in the household and a self-reported monthly income for the household must be documented in the Crossroads Income Information Screen. ii. Only verbal, self-reported income may be requested. iii. It is prohibited by Federal legislation to count SNAP as household income. iv. Completion of the Self-Declaration Form (see Policy 2.17, Attachment #1) for self-reported income is not required.

K. Participant Agreement (WIC-05)

1. The applicant determined to be income eligible will sign the Participant Agreement (WIC-05) which states that the information provided for WIC eligibility is correct.

2. A copy of the form will be given to the participant, parent/guardian or caretaker during the initial certification; a copy can be requested by the participant, parent/guardian or caretaker at any time.

3. The participant, parent/guardian or caretaker will electronically sign the Participant Agreement (WIC-05) at every certification

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appointment.

L. Notification of Ineligibility

1. An applicant who is found ineligible for the WIC Program because of income eligibility criteria will be given a Crossroads generated Notice of Ineligibility (see Policy 2.09 Notification of Ineligibility) and an explanation of their right to request a fair hearing (see Policy 1.07 Fair Hearing Policy for Applicants and Participants).

2. A copy of the notice will be scanned into the participant’s file.

M. Verification of Certification (VOC) Cards

1. Participants with current VOC cards including the minimum of participant’s name, date of certification and date of certification expiration, will be deemed to meet the Program’s income eligibility criteria (see Policy 2.14 Verification of Certification).

2. Participants with expired VOC cards who are not instream migrant farm workers will be considered as new WIC Program applicants.

N. Migrant Farm Workers

1. Instream migrant farm workers and family members with expired VOC cards are income eligible.

2. A migrant farm worker’s income must be determined once every twelve (12) months.

3. Members of an instream migrant farm worker family that have met the income eligibility, either in the migrant’s home base before the migrant has entered the stream for a season, or in an instream area during the agricultural season, will meet income criteria for any subsequent certification while the migrant is instream during the twelve (12) month period following determination.

O. Family Size Increase for Pregnant Applicants

1. When a pregnant applicant does not meet income eligibility requirements on the basis of her current family size, income will be reassessed for eligibility based on a family size increased by one (1) or by the number of expected multiple births (as recorded on proof of pregnancy).

2. This also applies for categorically eligible members of her family.

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3. The reassessment is not required in cases where increasing a pregnant woman’s family size conflicts with her cultural, personal or religious beliefs.

4. The family size in the Crossroads Income Information Screen will be modified to determine eligibility.

P. Income Changes During a Certification Period

1. Collection of income changes from a participant during a certification period is not required.

2. Likewise, a WIC participant is under no obligation to report changes of income during a certification period.

3. An individual determined to be adjunctively income eligible will not be disqualified during the certification period solely on the basis of a determination that they are no longer certified as eligible to participate in TANF, Medicaid, or SNAP. 4. WIC personnel must follow-up on information brought to their attention that a WIC participant may not be income eligible. If such a participant is found to exceed income eligibility, all participating members of the family will be terminated during the certification period.

5. If a participant is found to be income ineligible at the time of certification, all participating members of the family will be disqualified at that time.

REFERENCES:

1. WIC Regulations 7 CFR 246.2 Definitions 2. WIC Regulations 7 CFR 246.7 Certification of Participants 3. FNS Instruction 803-3, Income Eligibility 4. WIC Policy Memorandum 92-14, Lump Sum Payments as Income 5. WIC Policy Memorandum 99-06, Impact of the CHIP on WIC Adjunctive Income Eligibility 6. WIC Policy Memorandum 2010-2 Exclusion of Combat Pay from WIC Income Eligibility Determination 7. WIC Policy Memorandum 2010-2 Guidance, Guidance to Combat Pay Memo 8. Policy and Procedure Guidance for Exclusion of Combat Pay from WIC Income Eligibility Determination; Attachments A & B 9. Post 9-11 GI Bill 10.WIC Policy Memorandum 2011-7, Conversion Factors for WIC Income Eligibility Guidelines (IEGs). 11.WIC Policy Memorandum 2013-3, Income Eligibility Guidance 12.WIC Policy Memorandum 2023-6: Streamlining Certification – Documentation Guidance

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ATTACHMENTS:

1. West Virginia WIC Program Income Guidelines 2. Income Source and Income Proof 3. Military Income Considerations

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West Virginia WIC Policy & Procedure 2.07 2.07 Certification of Foster Children Effective Date: 5/02/2024 POLICY: Foster children are children who are placed in the care of the State of West Virginia. West Virginia foster children who are under the age of five (5) are eligible for West Virginia WIC. PROCEDURE: A. Certification of Foster Children 1. At the time of application, the foster child will be screened according to WIC Program eligibility criteria (see Policy 2.01, Certification of Participants). The Local Agency will require each applicant to be physically present and present: a. Proof of residency (see Policy 2.04 Residency Requirements) b. Proof of identity for the foster applicant/participant and the foster parent (see Policy 2.17 Verification of Identification of WIC Applicant/Participant and Parent, Guardian or Caretaker) c. Proof of income eligibility (see Policy 2.06 Income Eligibility Requirements): i. A foster child will be considered a one (1) person household. ii. A foster child’s income is the State’s payments for care of the child. iii. A foster child will receive a West Virginia Medical Card (Medicaid) and will be adjunctly income eligible. Adjunct income eligibility will be documented on the Crossroads Income Information Screen. iv. If the foster child returns to their biological parents, the infant’s/child’s income eligibility will then be based on their family’s income; if the foster child is adopted, the infant’s/child’s income eligibility will then be based on the income of their adoptive family. 2. The foster parent will be informed of their Program rights and responsibilities during each certification appointment and will confirm by signing the Participant Agreement Form (WIC-05) (see Policy 2.10 Notification of Participant Rights and Responsibilities). a. If the foster child is an active participant and transferring families, the foster parent must sign a Participant Agreement Form (WIC-05). 3. The Nutritionist/Nutrition Associate (CPA) will determine if the foster child is at nutritional risk through a nutritional assessment (see Policy 2.11 Nutrition Risk Criteria). a. Nutrition-risk code 903 Foster Care is applicable if the infant/child fits the risk criteria of entering the foster care system during the previous six 1 of 4

West Virginia WIC Policy & Procedure 2.07 2.07 Certification of Foster Children Effective Date: 5/02/2024 months or moving from one foster care home to another foster care home during the previous six months. b. The Nutritionist/Nutrition Associate (CPA) will screen for other nutritional risks if nutrition-risk code 903 Foster Care is not applicable. B. Participant and Guardian Certification Names 1. If the foster child is a new participant, an initial certification will be completed. a. Custody documentation will need to be scanned into the child’s record after he/she has been marked as foster on the Participant Demographic screen. 2. If the foster child is a current or previous participant, the foster child’s record will be transferred into the new foster family’s record (see section D.). a. Custody documentation will need to be scanned into the child’s record after he/she has been marked as foster on the Participant Demographic Screen. 3. The foster child must be entered on the Crossroads Family Demographics Screen under their own legal name. a. The child’s name will not be changed until legal documentation of a name change is presented. 4. If the foster child is a current or previous participant, and has been legally adopted, adoption documentation will need to be scanned into the child’s record on the Crossroads Income Information Screen after the foster status is removed. C. WIC Identification Number 1. The foster child will be moved to the new foster family’s record and use the new WIC Family Identification Number. a. A foster child who has previously participated in West Virginia WIC will retain their assigned West Virginia Participant Identification Number. Note: If the Social Security Number is provided for the infant/child WIC participant it will be documented in the Crossroads Participant Demographics Screen. 2. The State Agency Help Desk will be notified when “Dual Participation” appears (see Policy 1.11, Dual Participation). The dual enrollment may not be resolved without first consulting Help Desk. 2 of 4

West Virginia WIC Policy & Procedure 2.07 2.07 Certification of Foster Children Effective Date: 5/02/2024 D. Transferring of Records 1. A foster child who is currently participating or has participated in West Virginia WIC must have their records transferred into the new foster family’s record. 2. The new foster Parent/Guardian must provide custody documentation to the WIC clinic before transferring the foster child’s records. a. Custody documentation will need to be scanned into the child’s record after he/she has been marked as foster on the Crossroads Income Information Screen. 3. When a foster child returns to the original parent/guardian, the parent/guardian must provide custody documentation to the WIC clinic before transferring the foster child’s record back to the original family record. a. Custody documentation will need to be scanned into the child’s record after he/she has been unmarked as foster on the Crossroads Income Information Screen. E. eWIC Benefit Cards 1. The foster parent will be provided a separate eWIC Benefit Card for each foster child in their household. 2. A foster parent with their own biological or adopted child(ren) participating in WIC will be issued one (1) eWIC Benefit Card for all active participants who are not marked as foster children under the WIC Family Identification Number. 3. When a foster child returns to the original parent/guardian any remaining benefits on the foster child’s account will remain on that account. The card associated with that account will need to be used to spend those benefits. Once the foster indicator is removed, all future benefits will be issued to the eWIC Benefit Card assigned to the original WIC Family Identification Number. F. eWIC Benefit Issuance 1. The foster parent will be asked during each issuance of eWIC benefits about the approximate length of stay for the foster child. a. A child who is placed in a home for a short duration will be issued the appropriate amount of eWIC benefits, i.e. one (1) month issuance. b. A child who is placed in a home indefinitely will be provided with three (3) months of eWIC benefits during each issuance, if appropriate. 2. The foster parent will be instructed during a child’s initial eWIC benefit issuance that the eWIC Benefit Card and purchased WIC foods are to be used only for the child and must be given to the child when they leave the home. a. The foster parent will be instructed to label the food/formula purchased for the child with eWIC benefits for easy identification. 3 of 4

West Virginia WIC Policy & Procedure 2.07 2.07 Certification of Foster Children Effective Date: 5/02/2024 3. Remaining eWIC benefits for the current month for foster children who were certified prior to transferring to the foster family will transfer with the child. eWIC benefits will be prorated, as needed, to keep the child on their current issuance. The benefit issuance date can change depending if they are transferring to an existing family that has benefits with a different issuance date. REFERENCES: 1. WIC Regulations 7 CFR 246.7, Certification of Participants 2. FNS Instruction 803-3 WIC Program Certification: Income Eligibility 4 of 4

West Virginia WIC Policy & Procedure 2.08 2.08

Certification Periods Effective Date: 3/21/25

POLICY:

Program benefits will be based upon certification periods established in accordance to timeframes for each WIC category. At the end of the certification period, the WIC participant must complete a new certification to continue Program benefits.

See Policy 2.16 Mid-Certification Follow-Up for Infants and Children for mid-certification appointments.

Note: Participants mean pregnant women, breastfeeding women, postpartum women, infants and children who are receiving supplemental foods or food instruments (eWIC benefits) or cash-value vouchers under the Program, and the breastfed infants of participant breastfeeding women.

PROCEDURE:

A. Certification Period

1. A certification period is the length of time a participant is eligible to receive eWIC benefits.

a. Certification periods are based on the participant’s WIC category.

2. The initial certification period begins on the date the applicant/participant is determined eligible for eWIC benefits. Subsequent certification periods begin the day after the current certification period ends.

3. The Crossroads Computer System calculates the certification’s expiration date.

4. Participants who become categorically ineligible will receive benefits until the end of the eWIC benefit issuance period in which they become ineligible.

B. Categorical Certification Periods

1. Pregnant Woman – The 2. certification period is for the duration of her pregnancy plus six weeks from her reported Expected Delivery Date.

a. To continue receiving Program (eWIC) benefits without disruption, the woman must be certified by the certification end date, which is six weeks past her reported Expected Delivery Date.

b. The woman retains her status as pregnant until she is certified as fully breastfeeding, partially breastfeeding, minimally breastfeeding or non-breastfeeding postpartum.

Example: expected delivery date:

11/22/yr certification expiration date:

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c. When funding is limited and the Local Agency is not serving Priority III or VI postpartum women, it is not necessary to issue a Notice of Ineligibility to the woman when she is given a verbal notification at least fifteen (15) days in advance that her certification as a pregnant woman will end.

3. Breastfeeding Woman – certification periods are:

a. Fully breastfeeding women whose infant is receiving no formula from the WIC program will be certified up to one (1) year past the end of pregnancy unless breastfeeding is discontinued, the infant receives greater than (>) MMA (maximum monthly allowance) of formula or with the breastfed infant’s first birthday, whichever comes first.

Example: infant birth date:

11/22/yr

certification date:

01/05/yr

certification expiration date:

11/21/yr

b. Partially (mostly) breastfeeding women whose infant is receiving less than (<) MMA (maximum monthly allowance) of formula, will be certified up to one (1) year postpartum unless breastfeeding is discontinued, the infant receives greater than (>) MMA (maximum monthly allowance) of formula or with the breastfed infant’s first birthday, whichever comes first.

Example: infant birth date:

11/22/yr

certification date:

01/05/yr

certification expiration date:

11/21/yr

c. Minimally breastfeeding women whose infant receives greater than (>) MMA (maximum monthly allowance) of formula, will be certified up to six (6) months postpartum. The woman will receive eWIC benefits until the issuance period ends.

Example: infant birth date:

11/22/yr

certification date:

01/05/yr

certification expiration date:

05/21/yr

3. Discontinuation of Breastfeeding during a Certification Period

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a. The infant’s prescription should be updated first to reflect a category change from breastfeeding to non-breastfeeding. A care plan note is required. b. For the woman to continue receiving eWIC benefits, staff will need to update the breastfeeding questions on the Crossroads Health Information Screen and add a non-breastfeeding prescription for the woman participant. This will change the participant from breastfeeding to non-breastfeeding postpartum. This will change the certification end date to reflect the certification period for the non-breastfeeding postpartum. A care plan note is required.

4. Non-breastfeeding Postpartum Woman – certification period is up to six (6) months from the date the infant is born or the pregnancy ends (postpartum). The woman will receive eWIC benefits until the issuance period ends.

Example: pregnancy termination:

11/22/yr certification date:

01/05/yr certification expiration date:

05/21/yr

5. Infant Under 6 Months of Age – certification period for an infant enrolled before six (6) months ends on the day before the first birthday.

Example: date of birth:

11/22/yr certification date:

04/10/yr

certification expiration date:

11/21/yr

6. Infant Over 6 Months of Age – certification period for an infant enrolled after six (6) months ends no later than six (6) months from the date of certification.

Example: date of birth:

11/22/yr

certification date:

06/11/yr

certification expiration date:

12/10/yr

a. When an infant turns twelve (12) months of age during a certification period, the infant may continue to receive eWIC benefits until the end of the certification period and certification as a child at twelve (12) months of age is not required.

b. If the infant's birthday falls within the eWIC benefit issuance period, the food package will reflect the age on the first date to spend on the benefit. Benefits that start after the birthday will reflect the child package.

7. Children – certification for a child ends one (1) year from the certification start date, or until the child reaches the fifth birthday.

Example: certification date:

12/22/yr

certification expiration date:

12/21/yr

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a. Hemoglobin values must be obtained at the 18-month mid-certification appointment (see Policy 2.13 Hematological Testing).

C. Temporary Certification Period - 30 Days

1. A shortened, thirty (30) day certification period, also referred to as a temporary certification, will be given to any applicant, in any category, who is missing one of the three required components of determining Program eligibility at their certification appointment (proof of identification, residency and income eligibility).

a. Documentation will need to be provided to the WIC clinic within 30 days. If documentation is not provided within 30 days, certification will expire.

b. Documentation can be submitted to the WIC clinic in-person or electronically.

2. A temporary certification can only be used once per certification.

a. A temporary certification can only be used again if a full certification was completed in between temporary certifications.

b. A temporary certification cannot be used again if a full certification was not completed.

3. The Crossroads MIS will create the temporary 30-day certification period, and create a family alert indicating the missing proofs needed which serves as documentation.

D. Synchronizing Certification Periods

1. All Initial certification and sub-certification appointments must establish physical presence per Policy 2.01.

2. To synchronize the certification for children, the child must be over one and have a certification that ends in the future (greater than 30 days).

a. If there is a new infant in the household, synchronize the child with the infant’s certification dates.

REFERENCES:

1. WIC Regulations 7 CFR 246.7 Certification of Participants 2. USDA - Certification and Eligibility Resource and Best Practices Guide 4 of 4

West Virginia WIC Policy & Procedure 2.09 Effective Date: 4/21/2021 2.09 _Notification of Ineligibility___ ____________________

Page 1 of 2

POLICY:

The Local Agency will provide written notice of ineligibility to all applicants/participants found to be ineligible for Program benefits. The written form will include the reason(s) for ineligibility and of the right to a fair hearing (see Attachment #1). The reasons for ineligibility shall be properly documented and shall be retained by the Local Agency in accordance with Policy 1.04 Record Retention.

PROCEDURE:

A. Verbal Verification

1. The participant or parent/guardian will be verbally informed at each certification that their WIC Program eligibility will expire for the following reasons:

a. Categorically ineligible (i.e. child five years or older, woman six months postpartum, breastfeeding woman one year postpartum); or

b. Failure to keep a certification appointment.

B. Telephone Screening of Income Eligibility

1. An applicant who is screened for income eligibility during an initial phone contact and could be ineligible, can keep their certification appointment at the WIC clinic to determine if they are income eligible (see Policy 2.06 Income Eligibility Requirements). 2. A Crossroads generated Notice of Ineligibility will not be issued for telephone screenings when income documentation has not been provided. a. WIC staff will encourage the applicant to provide income documentation at the clinic. b. A Notice of Ineligibility will be given when the applicant provides documentation at the WIC clinic that shows they are not income eligible. C. Ineligibility During a Certification Appointment

1. A copy of the Crossroads generated Notice of Ineligibility will be given when the applicant provides documentation at the WIC clinic that shows they are ineligible

a. A copy of the Crossroads generated Notice of Ineligibility will be scanned into the applicant’s chart on the Income Information Screen.

2. If the applicant is determined income ineligible, a copy of the documented income will be scanned into the applicant’s chart on the Income Information Screen.

D. Documentation of Ineligibility

West Virginia WIC Policy & Procedure 2.09 Effective Date: 4/21/2021 2.09 _Notification of Ineligibility___ ____________________

Page 2 of 2

1. A copy of the Crossroads generated Notice of Ineligibility will be scanned into the applicant’s chart on the Income Information Screen.

2. If the applicant is determined income ineligible, a copy of the documented income will be scanned into the applicant’s chart on the Income Information Screen. ATTACHMENTS:

1. Crossroads Generated Notice of Ineligibility Form

REFERENCES:

1. WIC Regulations 7 CFR 246.7 Certification of Participants 2. FNS Instruction 803-9 WIC Program – Certification, Actions Which Affect Participants in Mid-Certification

West Virginia WIC Policy & Procedure 2.10

Effective Date: 4/15/21 2.10 Notification of Participant Rights and Responsibilities

1 of 2 POLICY:

The applicant and participant or their parent(s)/guardian(s) or caretakers will be informed of their Program rights and responsibilities during each certification appointment and will confirm by signing the Participant Agreement Form (WIC-05).

PROCEDURE:

A. Notification of Participant Rights and Responsibilities (Participant Agreement Form)

1. At certification appointments, each Program participant, parent/guardian or caretaker must read, or have read to him or her, the Participant Agreement Form (WIC-05), which outlines their Program rights and responsibilities.

2. WIC personnel will verbally inform the Program applicant/participant, parent/guardian or caretaker of the following prior to signing the Participant Agreement Form (WIC-05) during each certification:

a. That dual participation is illegal, and they may only use one (1) WIC clinic at a time;

b. Eligibility and participation standards in the WIC Program are the same for everyone, regardless of race, color, national origin, age, handicap or sex;

c. They may appeal any decision made by the Local Agency regarding Program eligibility (see Policy 1.07 Fair Hearing Policy for Applicants and Participants);

i. Persons found ineligible for the Program during a certification visit shall be advised in writing of the ineligibility, of the reasons for the ineligibility, and of the right to a fair hearing. The reasons for the ineligibility will be documented on the Crossroads Notice of Ineligibility.

ii. A copy of the Crossroads generated Notice of Ineligibility will be scanned into the applicant’s chart (see Policy 2.09 Notification of Ineligibility).

d. That they must use their eWIC Benefit Card and eWIC benefits correctly to avoid losing WIC benefits.

i. At minimum during the initial certification visit, each participant or parent/guardian will receive an explanation of how to use eWIC benefits. ii. Selling, trading, or giving away eWIC benefits or food purchased with eWIC benefits will result in disqualification from the WIC Program.

West Virginia WIC Policy & Procedure 2.10

Effective Date: 4/15/21 2.10 Notification of Participant Rights and Responsibilities

2 of 2 3. The participant, parent/guardian or caretaker will sign the Participant Agreement Form (WIC-05) electronically, in Crossroads, to document that they have been informed of their Program rights and responsibilities and that all information they have provided for eligibility determination is correct.

a. If the Participant Agreement Form (WIC-05) is unable to be electronically signed, the participant, parent/guardian or caretaker will sign a paper copy of the form. This will be scanned into the Income Information Screen in Crossroads.

b. The participant, parent/guardian or caretaker will sign the Participant Agreement Form (WIC-05) at every certification visit, including the initial certification and all subsequent certifications.

i. The Participant Agreement Form (WIC-05) will be signed by the legal guardian when there is a custody change.

ii. The Participant Agreement Form (WIC-05) will be signed by the participant or parent/guardian when completing a transfer of certification into West Virginia (VOC).

B. Referral to Health and Human Resource Programs

1. WIC personnel will assess the participant’s need for Health and Human Resource Programs, advising the participant, parent/guardian or caretaker of the types of services available, where they are located, how they may be obtained and why they may be useful.

2. Programs include, but are not limited to, Medicaid, Right From the Start, Head Start/Early Head Start, and information on immunization.

a. Referrals will be documented in the participant’s record in Crossroads.

REFERENCES:

1. WIC Regulations 246.7 Certification of Participants 2. West Virginia WIC Participant Agreement, WIC-05 3. Nutrition Service Standards, Standard 10, Program Coordination and Referrals

West Virginia WIC Policy & Procedure 2.11 Effective Date: 4/21/2021 2.11

Nutritional Risk Criteria

1 of 4 POLICY:

To be certified as eligible for the West Virginia WIC Program, applicants who meet the Program’s eligibility standards specified in Policy 2.04 Residency Requirements and Policy 2.06 Income Eligibility Requirements must be determined to be at nutrition risk by a Nutritionist/Nutrition Associate (CPA) through a client-centered nutritional assessment.

Note: Nutrition risk is defined as detrimental or abnormal nutrition conditions detectable by biochemical or anthropometric measurements; other documented nutritionally related medical conditions; dietary deficiencies that impair or endanger health; conditions that directly affect the nutritional health of a person, including alcoholism or drug abuse; or conditions that predispose persons to inadequate nutritional patterns or nutritionally related medical conditions, including, but not limited to, homelessness and migrancy.

PROCEDURE:

A. Determination of Nutritional Risk

1. The Nutritionist/Nutrition Associate (CPA) will determine if the applicant/participant is at nutritional risk through a client-centered nutritional assessment. Required nutritional risk data includes:

a. Height or length and weight measurements will be performed and/or documented on the Crossroads Anthro/Lab Screen in the applicant’s/participant’s file at the time of certification (see Policy 2.12 Anthropometric Measurements); and

b. If required, a hematological test for anemia such as a hemoglobin test will be performed and/or documented on the Crossroads Anthro/Lab Screen in the applicant’s/participant’s file at the time of certification (see Policy 2.13 Hematological Measurements).

2. This determination may be based on nutritional risk referral data submitted by a healthcare provider.

a. Weight and height or length must be measured not more than 60 days prior to certification for Program participation (see Policy 2.12 Anthropometric Measurements).

b. For pregnant, breastfeeding and postpartum women, and child applicants, the hematological test for anemia will be performed not more than 90 days prior to certification for Program participation (see Policy 2.13 Hematological Measurements).

Note: the hematological test must be reflective of an applicant’s category, meaning the test must have been taken for a pregnant woman during pregnancy and for postpartum or breastfeeding women following end of pregnancy.

West Virginia WIC Policy & Procedure 2.11 Effective Date: 4/21/2021 2.11

Nutritional Risk Criteria

2 of 4 3. Nutritional risk data will be documented in the participant’s file in Crossroads by the Nutritionist/Nutrition Associate (CPA) and will be used to assess an applicant’s/participant’s nutritional status and risk, tailor the food package to address nutritional needs, design appropriate nutrition education, including breastfeeding promotion and support, and make referrals to health and social services for follow- up, as necessary.

a. Document all referrals on the Crossroads Referral Program Screen.

B. Other Determinations of Nutritional Risk

1. Breastfeeding dyads (Nutrition Risk Codes 601 and 702)

a. A breastfeeding woman may be determined to be a nutritional risk if her breastfed infant has been determined to be a nutritional risk (Nutrition Risk Code 601).

b. A breastfed infant can be certified based on the mother’s nutritional assessment (Nutrition Risk Code 702).

c. A breastfeeding mother and her infant will be placed in the highest priority level for which either is qualified.

2. Infants born to WIC mothers or women who were eligible to participate in WIC (Nutrition Risk Code 701)

a. An infant under six (6) months of age may be determined to be at nutritional risk if the infant’s mother was a WIC Program participant during pregnancy or if medical records document that the woman was at nutritional risk during pregnancy because of detrimental or abnormal nutritional conditions detectable by biochemical or anthropometric measurements or other documented nutritionally related medical conditions.

3. Regression (Nutrition Risk Code 501)

a. A WIC participant reapplying for WIC benefits may be considered at nutritional risk in the next certification period if the Nutritionist/Nutrition Associate (CPA) determines that the applicant’s nutritional status may regress to the nutritional risk condition(s) certified for in the previous certification period without supplemental foods and/or WIC nutrition services, and if the nutritional risk condition(s) certified for in the previous certification period is/are appropriate to the category of the participant in the subsequent certification based on regression.

b. These participants will not be considered at nutritional risk based on the possibility of regression for consecutive certification periods.

West Virginia WIC Policy & Procedure 2.11 Effective Date: 4/21/2021 2.11

Nutritional Risk Criteria

3 of 4 c. Applicants who are certified based on the possibility of regression should be placed in the same priority for which they were certified in the previous certification period.

d. The Nutritionist/Nutrition Associate (CPA) will document the use of regression in the participant’s Nutrition Care Plan in Crossroads.

4. Nutritional risk data will be documented in the participant’s file in Crossroads by the Nutritionist/Nutrition Associate (CPA) and will be used to assess an applicant’s/participant’s nutritional status and risk, tailor the food package to address nutritional needs, design appropriate nutrition education, including breastfeeding promotion and support, and make referrals to health and social services for follow- up, as necessary.

a. Document all referrals on the Crossroads Referral Program Screen.

C. Nutritional Risk Criteria

1. The following are examples of nutritional risk conditions which may be used as a basis for certification.

a. Detrimental or abnormal nutritional conditions detectable by biochemical or anthropometric measurements, such as anemia, underweight, overweight, abnormal patterns of weight gain in a pregnant woman, low birth weight in an infant, or stunting in an infant or child;

b. Other documented nutritionally related medical conditions such as clinical signs of nutritional deficiencies, metabolic disorders, pre-eclampsia in pregnant women, failure to thrive in an infant, chronic infections in any persons, alcohol or drug abuse or mental retardation in women, lead poisoning, history of high risk pregnancies or factors associated with high risk pregnancies (such as smoking; conception less than 18 months postpartum; history of low birth weight, premature births or neonatal loss; adolescent pregnancy; or current multiple pregnancy) in pregnant women, or congenital malformations in infants or children, or infants born of alcohol or drug abuse histories or mental retardation.

c. Dietary deficiencies that impair or endanger health; and/or

d. Conditions that predispose persons to inadequate nutritional patterns or nutritionally related medical conditions, such as homelessness or migrancy.

2. When a complete nutrition assessment has been completed and the Nutritionist/Nutrition Associate (CPA) has not identified any risk factor, one of the following presumed nutrition risk codes will be assigned:

a. Risk 401 Failure to Meet Dietary Guidelines (used for women and children two years and older).

West Virginia WIC Policy & Procedure 2.11 Effective Date: 4/21/2021 2.11

Nutritional Risk Criteria

4 of 4 b. Risk 428 Dietary risk Associated with Complementary Feeding Practices (used for infants 4 to12 months and Children 12 through 24 months).

3. The Nutritionist/Nutrition Associate (CPA) will document all applicable Nutrition Risk Criteria for an applicant/participant on Crossroads Assigned Risk Factors Screen during each certification to determine nutrition risk eligibility, to record that the applicant is certified or ineligible, for placement on a waiting list (see Policy 1.09, Waiting List Management), and for nutrition education and referrals.

D. Following Eligibility Determination

1. Once an applicant is found to be eligible to receive Program benefits, the Nutritionist/Nutrition Associate (CPA) will do the following:

a. Complete and document nutrition education according to the participant’s record, dietary history, health history and/or participant’s questions and concerns. Document the nutrition education contact on the Crossroads Nutrition Education Screen (see Policy 5.05 Nutrition Education Contacts and Documentation);

b. Refer the participant, when appropriate, using the Crossroads Referral Program Screen;

c. Complete a Nutrition Care Plan (see Policy 5.03 The Nutrition Care Plan); and

d. Prescribe the appropriate food package on the Crossroads Prescribe Food Screen.

REFERENCES:

1. WIC Regulations, 7 CFR 246.2 Definitions 2. WIC Regulations, 7 CFR 246.7 Certification of Participants 3. WIC Regulations, 7 CFR 246.10 Supplemental Foods 4. Risk Code Chart, West Virginia WIC 5. Nutrition Service Standards, Standard 6, Nutrition Assessment

West Virginia WIC Policy and Procedure 2.12 2.12 Anthropometric Measurements Effective Date:7/18/24 POLICY: Height or length and weight measurements will be obtained for all participants, including those determined at nutritional risk based solely on the established nutritional risk status of another person (i.e. infants born to WIC mothers or women who were eligible to participate in WIC). Pregnant, breastfeeding, and non-breastfeeding postpartum women must be offered the option to be weighed facing away from the scale. Height or length and weight measurements obtained from a healthcare provider must have been measured no more than sixty (60) days prior to certification for program participation. The Competent Professional Authority (CPA) may request updated measurements on the date of the visit but it is not a requirement for certification. PROCEDURE A. Weight 1. Appropriate scales will be used. Infants and children less than 24 months of age will be weighed on accurately calibrated infant digital scales. Children more than 24 months of age, pregnant women and postpartum women will be weighed on accurately calibrated adult digital scales. 2. Dress allowed during weighing will be appropriate to the age and category of the participant, as below. Shoes should be removed prior to obtaining weight. Note: Do not subtract the weight of any clothing worn, including dry diapers. a. The parent or guardian will have the most contact with the infant/child when obtaining measurements. b. If a WIC employee must undress the infant/child, the employee must have the parent or guardian’s permission. 3. Weighing infants and children under 24 months of age: a. Infants and children less than 24 months old will be weighed in no more than a dry diaper. b. Cover the scale with scale liner or table paper. Change the liner for each participant. c. Ask the parent/guardian or caretaker to place the infant or child on his/her back in the center of the covered scale bed. The infant should be placed lying down in a comfortable position unless he/she can sit up alone. The child should not touch any surface but the scale. d. Read the measurement in pounds and ounces and enter the measurement data in the Crossroads Anthro/Lab Screen. 4. Weighing children older than 24 months: 1 of 7

West Virginia WIC Policy and Procedure 2.12 2.12 Anthropometric Measurements Effective Date:7/18/24 a. Children will be weighed in no more than light undergarments which can include t-shirt, shorts, and socks. b. Have the participant step onto the center of the scale platform. c. Read the measurement in pounds and ounces and enter the measurement data in the Crossroads Anthro/Lab Screen. 5. Weighing pregnant, breastfeeding, and non-breastfeeding postpartum women: a. Women must remove shoes and heavy outer clothing (including purse, cellphone, and keys). b. Offer each participant the option to be weighed facing away from the scale. c. Read the measurement in pounds and ounces and enter the measurement data in the Crossroads Anthro/Lab Screen. i. The participant can opt out of hearing their weight measurements. ii. Only the Nutritionist/Nutrition Associate (CPA) will discuss measurements with the participant. The participant may opt out of education/counseling regarding measurements which should be documented in the Nutrition Care Plan. B. Height or Length 1. Equipment appropriate for age and category will be used. a. Infants and children less than 24 months of age will be measured lying down using a recumbent measurement board. b. Children older than 24 months of age who cannot stand up, or are too short to be measured standing up, or those whose measurements cannot be plotted on the Crossroad’s 2- to 5-year-old growth chart will be measured using the recumbent measurement board. i. The correct measurement type must be chosen in the Crossroad’s Anthro/Lab Screen. c. Children older than 24 months of age will be measured in a standing position using a stadiometer (adult digital scale) (see Policy 2.12 D. for equipment requirements). 2. Dress allowed during height and length measurements will be appropriate to the age and category of the participant, as below. Shoes should be removed prior to obtaining weight. 2 of 7

West Virginia WIC Policy and Procedure 2.12 2.12 Anthropometric Measurements Effective Date:7/18/24 a. The parent or guardian will have the most contact with the infant/child when obtaining measurements. b. If a WIC employee must undress the infant/child, the employee must have the parent or guardian’s permission. 3. Measuring infants and children under 24 months of age: a. Infants and children less than 24 months of age will be measured without shoes or hair ornaments that could prevent an accurate measurement from the crown of the head. Only light underclothing or a diaper should be worn. b. Cover the recumbent measuring board with scale liner or table paper. Change the liner for each participant c. The parent/guardian will place the infant or child on his/her back on the recumbent measuring board and parallel to the measuring tape, so that the crown of the head is in contact with the immobile headboard; make certain the head, trunk and legs are in a straight line. i. Have the parent/caretaker hold the infant’s head so that the infant’s eyes are looking straight up. ii. With one hand, hold the child’s legs together just above the knees and gently push both legs down against the recumbent measuring board, fully extending the child. Both legs are required to be used to ensure an accurate measurement. iii. With the other hand, pull the moveable footboard forward until it is in contact with the child’s heel, toes pointing straight up and heel in contact with the base of the measuring board. iv. Sighting directly over the measurement indicator, read the measurement in inches and 1/8th inches, rounding up or down to the nearest 1/8th inch and enter the measurement data in the Crossroads Anthro/Lab Screen. 4. Measuring children older than 24 months of age: a. Children older than 24 months of age will be measured without shoes or hair ornaments that could prevent an accurate measurement from the crown of the head. b. Have the participant stand with his/her back against the stadiometer. Heels should be in a vertical line with the backboard of the stadiometer. Feet should be positioned comfortably without altering the natural stance of the body. Knees should not be bent. Buttocks and shoulders should touch the surface of the measuring board. The head should be held erect, eyes level, looking straight ahead 3 of 7

West Virginia WIC Policy and Procedure 2.12 2.12 Anthropometric Measurements Effective Date:7/18/24 c. Lower the stadiometer head piece until it snugly contacts the crown of the head, with sufficient pressure to compress the hair. d. Read the measurement at eye level, in inches and 1/8th inches. Round up or down to the nearest 1/8 inch and enter the measurement data on the Crossroads Anthro/Lab Screen. 5. Measuring pregnant, breastfeeding, and non-breastfeeding postpartum women: a. Women will be measured without shoes or hair ornaments that could prevent an accurate measurement from the crown of the head. b. Have the participant stand with her back against the stadiometer. Heels should be in a vertical line with the backboard of the stadiometer. Feet should be positioned comfortably without altering the natural stance of the body. Knees should not be bent. Buttocks and shoulders should touch the surface of the measuring board. The head should be held erect, eye level, looking straight ahead c. Lower the stadiometer head piece until it snugly contacts the crown of the head, with sufficient pressure to compress the hair. If the individual is taller than the measurer, the measurer should use a stool to read the measurement at eye level. d. Read the measurement at eye level, in inches and 1/8th inches. Round up or down to the nearest 1/8 inch and enter the measurement data on the Crossroads Anthro/Lab Screen. C. Special Considerations 1. If a participant has a cast(s), brace(s), or missing limb(s), a congenital or metabolic disorder, or other conditions that could result in highly unusual measurements, weigh and measure as usual, and note the nature of the condition in the participant Nutrition Care Plan. 2. Premature infants are weighed and measured using the same equipment and procedures as full-term infants. 3. The Local Agency may reschedule a participant who is not cooperative during an appointment in which anthropometric measurements are required. a. If a parent/guardian refuses to allow the WIC Clinic to obtain accurate anthropometric measurements during an appointment, WIC benefits cannot be denied. Furthermore, WIC benefits cannot be denied at any point throughout the certification period. 4. Anthropometric measurements obtained from a healthcare provider must be measured no more than sixty (60) days prior to certification for program participation. 4 of 7

West Virginia WIC Policy and Procedure 2.12 2.12 Anthropometric Measurements Effective Date:7/18/24 a. Documentation of measurements obtained from a healthcare provider must be provided to the WIC Clinic; hard copy or electronic copy is acceptable. The healthcare provider’s verbal verification by phone is also acceptable. b. Measurements will be entered in the Crossroad’s Anthro/Lab Screen with the correct “Collected By” and “Source of Measures” selected. c. Do not scan anthropometric documentation into the Crossroads Computer System. D. Equipment 1. Weight should be obtained with digital scales. Infants and children under 24 months of age will be weighed on an infant digital scale, and children over 24 months and adults will be weighed on an adult digital scale. The scales must have following characteristics: a. Infant scales must have at least a forty-pound capacity and weigh in ½ ounce increments, with a tray large enough to support the infant. The scale should be placed on a sturdy table. b. Scales for adults and children over 24 months of age must weigh in at least quarter pound increments and be placed on a flat stable surface. If there is high pile carpet or if the floor tiles cause the floor to be uneven, then a solid board should be used under the scale. c. Digital scales must have a motion detector/stabilizer, it must lock weight in, it must be easily tared to zero and be easily calibrated. It should maintain accuracy even when affected by electronic fields or wide temperature variations. d. No spring-type scales are suitable. 2. Length will be obtained using a recumbent measuring board (infant-o-meter) will be for an infant or child under 24 months of age. A pediatric exam table or other dual use equipment is not acceptable for measuring length. Infant-o-meters consist of: a. A rigid flat horizontal surface with an attached rigid measuring tape calibrated in 1/8-inch increments. b. The tape shall be “zeroed” exactly at the point where the infant's crown meets the headboard. c. A stationary headboard at a right angle to the tape. 5 of 7

West Virginia WIC Policy and Procedure 2.12 2.12 Anthropometric Measurements Effective Date:7/18/24 d. A movable footboard perpendicular to the tape. e. The measurement should be readable while the infant is on the board. 3. Standing height (stature) will be obtained using a stadiometer for women and children over 24 months of age. A stadiometer has the following characteristics: a. A rigid vertical board with an attached rigid measuring tape calibrated in 1/8-inch increments. b. An easily moveable, horizontal headboard that can be brought into contact with the crown of the head. c. A wide and stable platform or firm uncarpeted floor as the base. d. The platform or floor must allow vertical alignment of the heels with the vertical surface of the stadiometer. Buttocks should be vertically aligned with the vertical surface as well. e. Preferably the stadiometer is permanently mounted on a stable wall. Portable stadiometers are acceptable if the stadiometer base is large enough to provide stability. Use of a stadiometer attached to digital scales is acceptable. f. The measuring tape shall be “zeroed” exactly at the point where the platform or floor meets the heels. E. Equipment Maintenance 1. Equipment will be maintained in an accurate condition: a. All scales will be checked for zero balance before each clinic day. b. Calibration for the digital scales will be performed per the manufacturer’s instructions. c. Scales, stadiometers and recumbent measuring boards (infant-o-meters) will be checked for accuracy on at least a quarterly basis (as to be documented on this policy attachments) and each time the equipment is moved. d. Follow manufacturer’s instructions for operation and care of the equipment. F. Documentation and Charting of Anthropometric Measurements in Crossroads 1. The Crossroads Computer System will plot documented anthropometric data. 2. Premature infants and children will have age-adjusted plots for their prematurity, until 24 months of age. 6 of 7

West Virginia WIC Policy and Procedure 2.12 2.12 Anthropometric Measurements Effective Date:7/18/24 3. If an infant or child is too small or too large to plot on their age-appropriate growth chart, it must be documented in the Nutrition Care Plan. 4. Unusual circumstances, such as the presence of casts, or missing limbs must be documented in the Nutrition Care Plan. Attachments 1. Health O Meter 2. Seca Calibration Instructions 3. Pediatric Recumbent Board Check Log 4. Adult Stadiometer Accuracy Check Log REFERENCES: 1. WIC Regulations 246.7 Certification of participants 2. Kuczmarski RJ, Ogen CL, Guo SS, et al. 2000 CDC Growth Charts for the Untied States: Methods and Development. NCHS, Vital Health Statistics 11 (246). 2002 3. Use and Interpretation of the CDC Growth Charts, An Instructional Guide, CDC, National Center for Chronic Disease Prevention and Health Promotion, Nutrition and Physical Activity, http://www.cdc.gov/nccdphp/dnpa/growthcharts/guide_intro.htm 4. CDC Growth Charts Interactive Training modules, http://www.cdc.gov/growthcharts/ 5. Anthropometric Standardization Reference Manual (Lohman, T., Roche A., Martorel, R., eds., 1988, Human Kinetic Books) 6. National Health and Nutrition Examination Survey (NHANES) III, Anthropometry Manual, 1988, Westat, Inc. 7. Kuczmarski RJ, Ogden C, Grummer-Strawn LM, et al. CDC Growth Charts: United States. Hyattsville, MD: U.S. Department of Health and Human Services, 2000. NCHS Advance Data Report No. 314. 8. Institute of Medicine: Weight gain during pregnancy: reexamining the guidelines. National Academy Press, Washington D.C.; 2009 9. WHO Growth Chart 7 of 7

West Virginia WIC Policy & Procedure 2.13 2.13

Hematological Testing Effective Date: 6/10/22

Page 1 of 6

POLICY:

In order to complete the certification, each WIC applicant/participant is required to have their hemoglobin tested according to the procedures listed below to identify individuals at risk of becoming anemic, to assure appropriate WIC Program benefits for those in greatest need, and to protect the safety of applicants/participants and WIC personnel performing the tests. The value must be collected in clinic or provided by a healthcare provider at the certification appointment.

PROCEDURE:

A. Categorical Hematological Testing

1. Infants:

a. Under nine (9) months of age at the time of initial certification and follow-up visit are not required to have a hematological test performed.

i. There is no adjustment for age due to prematurity.

b. Blood work must be collected on infants between nine (9) months of age and prior to thirteen (13) months of age.

i. Hemoglobin collected prior to 12 months of age must be done via heel stick. West Virginia does not train for completion of a heel stick.

ii. It is recommended by USDA to defer the blood test until age 12 months so that a finger stick may be used for collection.

iii. There is no adjustment for age due to prematurity.

2. Children:

a. Children between 1 and 2 years of age must have at least (1) hematological test performed, preferably 6 months after the infant screening.

b. Children between 2 and 5 years of age with a normal hemoglobin value are required to have a hematological test once every 12 months.

3. Pregnant Women must have a hematological test performed during the pregnancy certification.

4. Breastfeeding Women must have a hematological test performed when they are initially certified as breastfeeding.

a. If a hematological test is performed when a woman is initially certified as breastfeeding, and then breastfeeding is discontinued, a hematological

West Virginia WIC Policy & Procedure 2.13 2.13

Hematological Testing Effective Date: 6/10/22

Page 2 of 6

test does not have to be performed when there is a category change to non-breastfeeding postpartum.

5. Postpartum Non-Breastfeeding Women must have a hematological test performed at the time they are certified under that category.

B. Collection of Hematological Value

1. The WIC Staff will use a single use lancet that is completely disposable. No spring-loaded lancet devices are to be used in clinic sites to obtain blood samples for hemoglobin measurements.

2. Hematological measurements are taken in grams per deciliter (g/dL). All clinic staff must complete a Source of Measurement form (Attachment #1) at the beginning of employment to acknowledge their understanding of how blood will be measured. Signed copies of Attachment #1 will be kept on site for each Local Agency.

3. Hemoglobin testing is required to complete a certification.

a. The value must be collected in the clinic or provided by a healthcare provider at the certification appointment.

b. Hemoglobin testing documentation from a healthcare provider will be accepted as:

i. Written documentation on the healthcare provider’s prescription pad or letterhead ii. Verbal verification (i.e. over the phone) iii. Official medical records, hard copy, or electronic copy

c. Hemoglobin testing documentation must:

i. Be reflective of the applicant’s category ii. Conform to anemia screening schedule for infants and children iii. Must be no more than ninety (90) days old iv. Be documented on the Crossroads Anthro/Lab Screen with the date and source of measurement of where or by whom the blood test was conducted.

d. A participant who does not have hemoglobin testing documentation and is not cooperative during an appointment in which hematological testing is required to be rescheduled.

4. Hematological values will be documented on the Crossroads Anthro/Lab Screen.

a. Do not scan referral documentation into the Crossroads Computer System.

West Virginia WIC Policy & Procedure 2.13 2.13

Hematological Testing Effective Date: 6/10/22

Page 3 of 6

C. Referral and Follow-up of High-Risk Hemoglobin Values

1. The Competent Professional Authority (CPA) must make an immediate referral to the participant’s healthcare provider when a hemoglobin value generates a high-risk status.

a. The referral will be documented by the Nutritionist/Nutrition Associate (CPA) in Crossroads.

2. Repeat the test during the high-risk follow-up appointment if there is no evidence of a course of treatment (i.e. healthcare provider test results, observation of iron prescription).

a. A repeated test is not required when the healthcare provider documents an improved hemoglobin value and/or a course of treatment following the referral. The improved value and/or course of treatment will be documented by the Nutritionist/Nutrition Associate (CPA) in the Nutrition Care Plan.

b. The Crossroads Referral Program Screen must be updated.

3. High-risk nutrition education will be provided by the Nutritionist (CPA) and the initial and follow-up contacts will be documented in the Nutrition Care Plan.

D. Referral and Follow-up of Abnormal (Low, Not High-Risk) Hemoglobin Values

1. Repeat the test during the mid-certification follow-up appointment for a participant with a low hemoglobin value that does not generate a high-risk status. Nutrition education will be provided by the Nutritionist/Nutrition Associate (CPA).

2. Non-breastfeeding postpartum women will not require a follow-up unless their blood value is less than or equal to 10.0.

a. The Nutritionist/Nutrition Associate (CPA) will document the referral on the Crossroads Referral Program Screen.

3. When the second hemoglobin value is lower than or equal to the first, the Nutritionist/Nutrition Associate (CPA) will make a referral to the participant’s healthcare provider.

a. The hematological test will be repeated at the next certification visit.

4. When the second value is higher than the first, though continues to be below normal, repeat the test at the next certification visit.

5. When the second value is in the normal range, the hematological test does not need to be repeated until the next certification visit.

West Virginia WIC Policy & Procedure 2.13 2.13

Hematological Testing Effective Date: 6/10/22

Page 4 of 6

E. When Hematological Testing is Not Required

1. Hematological testing is not required when religious beliefs will not allow applicant/participant to have blood drawn.

a. A written statement of the refusal to have blood drawn will be scanned into the participant’s chart.

b. The applicant/participant may be certified based on other identified risk criteria.

2. Hematological testing is not required when an applicant/participant has a medical condition such as hemophilia, fragile bones (osteogenesis imperfecta), sickle cell anemia, thalassemia, or a serious skin disease in which the testing procedure could cause harm to the applicant/participant.

a. Documentation from a healthcare provider verifying the medical condition and specifying whether it is “short term” or “lifelong” will be scanned into the participant’s chart.

b. If the condition is treatable (short term), a new statement from the healthcare provider is required at each subsequent certification.

c. If the condition is considered "lifelong", a new statement from the healthcare provider is not required at each subsequent certification.

d. WIC personnel should try to obtain hematological values (if they exist) from the applicant's/participant's healthcare provider. The hemoglobin value must:

i. Be reflective of the applicant’s category ii. Conform to anemia screening schedule for infants and children iii. Must be no more than ninety (90) days old iv. Be documented on the Crossroads Anthro/Lab Screen with the date and source of measurement of where or by whom the blood test was conducted.

3. Crossroads will allow the bypass of the hematological testing when one of the above conditions exists. It must be entered into the Anthro/Lab Screen as an “Exempt Reason.”

a. Crossroads will not assign any risk codes related to anemia b. The Nutritionist/Nutrition Associate (CPA) will not be able to manually assign risk codes related to anemia.

c. The exemption reason for bypassing the hematological testing will be documented by the Nutritionist/Nutrition Associate (CPA) in the participant’s Nutrition Care Plan.

West Virginia WIC Policy & Procedure 2.13 2.13

Hematological Testing Effective Date: 6/10/22

Page 5 of 6

F. Persons Infected with Human Immunodeficiency Virus (HIV)

1. Persons infected with human immunodeficiency virus (HIV) must have hematological testing for WIC certification performed on site if it is the normal operating procedure of the WIC clinic to perform hematological testing on site.

2. If it is determined that the health and safety of WIC personnel is severely at risk, other means would be justified in providing the service.

Example: If the applicant/ participant is known to be HIV-infected and is hostile and physically abusive, they could be referred to another location to have blood drawn.

a. There will be no cost to the applicant/participant for the testing. b. The situation will be documented by the Nutritionist/Nutrition Associate (CPA) in the participant’s Nutrition Care Plan.

G. Training

1. Initial training of each WIC personnel will be conducted at the State Agency during Crossroads training within four (4) months of employment.

a. WIC personnel should review the Hematological Collection Manual 2021, and the HemoCue 301 training (https://hemocueoncue.education/) when the WIC personnel must perform the task of hemoglobin testing prior to their attending training at the State Agency.

2. Annual training of each WIC personnel performing hemoglobin testing will be conducted by:

a. A person assigned by the State Agency during the biennial State WIC Meeting; or

b. A person assigned by the Local Agency Director to be performed at the Local Agency.

3. Annual training will include HemoCue machine procedure, maintenance, and problem prevention.

4. Annual training will be documented on the Training or Continuing Education Activities form (see Attachment #1, Policy 11.01 WIC Staff Training).

H. Hematology Training and Reference Manual

1. Refer to the Hematological Collection Manual 2021 for the complete protocol for hematological testing.

REFERENCES:

West Virginia WIC Policy & Procedure 2.13 2.13

Hematological Testing Effective Date: 6/10/22

Page 6 of 6

1. WIC Regulations 264.7, Determination of Nutritional Risk 2. SFP 91-032, Implementation of WIC Minimum Data Set 3. SFP 01-041, WIC Final Policy Memorandum, WIC Bloodwork Requirements 4. SFP 09-046 WIC Hematological Data Requirements: Clarification 5. Hematological Collection Manual 2021 (West Virginia)

West Virginia WIC Policy & Procedure 2.14 Effective Date: 3/27/2017 2.14

Verification of Certification (VOC)

1 of 3 POLICY:

The Local Agency will issue a fully completed Verification of Certification (VOC) to each participant who is a member of a migrant family or to each participant who is relocating to another State during their current certification period. The card is valid until the certification period expires and will be accepted as proof of eligibility for WIC Program benefits when a person moves from one area to another area in which the WIC Program operates.

PROCEDURE:

A. Completion of the VOC

1. The VOC will be generated by the Crossroads Computer System prior to issuance to the participant.

B. Issuing VOC

1. Only the VOC generated from the Crossroads Computer System will be issued by the Local Agency to participants.

2. Instruct the participant on the use of the VOC during issuance.

3. If a VOC is not issued to a participant before they relocate to another state, at the participant’s request, the Local Agency may complete a VOC and fax it to the participant’s new Local Agency.

4. Do not issue a VOC to a participant who changes WIC clinics within a Local Agency or within the State.

a. When a participant notifies WIC personnel that they are relocating to another site within the State, the participant will be instructed to contact the WIC clinic in which they are moving once their move is complete.

b. The receiving WIC clinic will transfer the records from the previous site.

C. Issuing a VOC to Military Who Will Be Transferred

1. A VOC will be issued to WIC Participants who are affiliated with the military and will be transferred overseas.

2. Participants issued a VOC for WIC-Overseas Programs, must be instructed on the following:

West Virginia WIC Policy & Procedure 2.14 Effective Date: 3/27/2017 2.14

Verification of Certification (VOC)

2 of 3 a. There is no guarantee that the WIC Overseas Program will be available where they will be transferred to.

b. By law, only certain individuals are eligible for the WIC Overseas Program (OR29, The WIC Overseas Program).

D. Accepting a VOC

1. A participant with a valid VOC must present it to the WIC clinic in person. The Local Agency must accept a VOC as long as it is a recognized VOC, including a valid WIC Overseas Program VOC, and it contains a minimum of the following information: a. The participant’s name b. The date of certification c. The date that the current certification period expires

The VOC must be scanned in to the Income Information Screen.

2. The receiving Local Agency will accept the full certification period documented on the VOC.

3. A Participant Agreement (WIC-05) will be completed and scanned in to the Income Information Screen at the time a participant requests a VOC transfer into West Virginia.

4. Infant transfers will be handled as follows:

a. Infants under six (6) months of age with a valid VOC are to be certified until the first birthday, regardless of the ending date noted on the VOC; or

b. Infants six (6) months of age or older are to be certified for the remaining portion of the six (6) month certification period.

5. The receiving Local Agency will accept a prescription formula form from the transferring agency. This documentation will be valid until the documented expiration date, or the end of the participant’s certification; whichever happens first.

a. The prescription formula form must be scanned into the Medical Documentation Screen.

West Virginia WIC Policy & Procedure 2.14 Effective Date: 3/27/2017 2.14

Verification of Certification (VOC)

3 of 3 i. “Nines” (9) will be used for the ICD Code and any additional fields on the Medical Documentation Screen that may be missing from the VOC.

b. The CPA will contact the transferring agency, or the transferring state’s VOC Point of Contact, if the participant does not have a prescription formula form, or if the prescription form lacks required information on the Medical Documentation Screen, such as physician’s name or phone number. The participant may also contact their former doctor for the requested information. If the CPA is unable to obtain the requested information, or the prescription formula form is expired, the special formula cannot be issued. The CPA will give the participant a new WIC- 53 for completion.

5. The receiving Local Agency will not deny or delay WIC Program benefits to a participant with a valid VOC, even if eligibility requirements are not met. The participant will continue to receive benefits for the remainder of the certification period during which they relocate.

a. When the certification period expires, the participant will be evaluated according to policy (see Policy 2.10, Certification of WIC Participants), and if eligible, continue to receive WIC Program benefits.

b. If found to be ineligible, standard termination procedures will be followed (see Policy 2.09, Notification of Ineligibility).

6. The receiving Local Agency will destroy the unused food instruments or EBT card

from the transferring agency.

7. When the Local Agency is at maximum caseload and is not certifying new applicants, the participant with a valid VOC will be placed at the head of the waiting list for applicants (see Policy 1.09, Waiting List Management).

REFERENCES:

1. WIC Regulations 246.7, Certification of Participants 2. FNS Instruction 803-11, Verification of Certification (VOC) Cards 3. FNS Memorandum 2016-4, Verification of Certification

West Virginia WIC Policy & Procedure 2.15 Effective Date: 1/29/2026 2.15

Certification of Priority II Infants

POLICY:

Priority II infants are considered at nutritional risk solely based on the health status of the birth mother.

PROCEDURE:

A. Priority II Includes:

1. Infants up to six (6) months of age of Program participants who participated during pregnancy.

2. Infants up to six months of age born to women who were not WIC participants during pregnancy, but whose medical records document that they were at nutritional risk during pregnancy.

B. Certification of Infants

1. The infant must be physically present and complete a WIC certification appointment in order to be eligible as a Priority II participant. Along with the infant’s physical presence, another form of identification must be provided such as (see Policy 2.17 Identification of WIC Applicant/Participant and Parent, Guardian or Caretaker):

a. Birth certificate (state-issued) b. Crib card c. Home birth certificate d. Hospital identification bracelet e. Labor and delivery hospital discharge papers f. Medicaid verification g. WVHIN records (if ARHI Form is accepted and signed see Policy 5.16 WVHIN Authorization for Release of Health Information)

2. To ensure certification of newborn infants as soon as possible after birth, infants born to an individual who is enrolled in SNAP or Medicaid, or into a family receiving TANF is considered adjunctively income-eligible without any additional income documentation needed for the infant, as long as the infant is being certified within sixty (60) days of their date of birth.

3. If the infant is not able to attend their appointment because of a home confinement condition, the parent, guardian or caretaker will attend the certification appointment and provide the following documentation:

a. On hospital/physician letterhead: i. Diagnosis and duration of confinement; and ii. Anthropometric measurements that are less than sixty (60) days old. b. Certification information: i. Proof of identification 1 of 2

West Virginia WIC Policy & Procedure 2.15 Effective Date: 1/29/2026 2.15

Certification of Priority II Infants

ii. Proof of residency iii. Proof of income c. The medical excuse must be scanned into Crossroads on the Income Information Screen.

REFERENCES: 1. WIC Regulations 246.7, Certification of Participants 2. FNS Instruction 803-10, Certification of Priority II Infants 3. WV WIC Policy and Procedure Manual, Policy 2.17 Identification of WIC Applicant/Participant and Parent, Guardian or Caretaker 4. WV WIC Policy and Procedure Manual,Policy 5.16 WVHIN Authorization for Release of Health Information) 5. WIC Policy Memorandum 2023-6: Streamlining Certification – Documentation Guidance

2 of 2

West Virginia WIC Policy & Procedure 2.16 Effective Date: 5/03/2022 2.16 Mid-Certification Follow-Up for Breastfeeding Women, Infants and Children POLICY: The certification period for fully and partially breastfeeding women ends on the day before the infant’s first birthday, unless breastfeeding is discontinued. The certification period for infants enrolled in WIC before six (6) months of age ends on the day before their first birthday. The certification period for children ends one-year after the certification begins. Note: see Policy 2.08 Certification Periods The breastfeeding woman, infant, or child must complete a mid-certification follow-up appointment to assess their nutritional status. PROCEDURE: A. Scheduling the Mid-Certification Follow-Up Appointment 1. The breastfeeding woman, infant, or child must be scheduled for a follow-up appointment six (6) months after the beginning of their certification period. B. Collection of Information 1. The Crossroads Demographics Screen will be reviewed to ensure that all the household information is correct (address, phone number, other contact information etc.). a. Identification of the Parent/Guardian/Caretaker and/or Participant can be verified verbally. b. Residency can be verbally verified while reviewing household information. c. Proof of income will not be reviewed or changed. i. If another family member is found to be over income during the certification period, the breastfeeding woman, infant, or child will also be ineligible for exceeding income guidelines. If the participant is a current Medicaid recipient, they will retain automatic adjunct income eligibility for WIC (see Policy 2.06, Income Eligibility Requirements). 2. The Crossroads Anthro/Lab Screen will be completed with current anthropometric data (see Policy 2.12 Anthropometric Measurements) and hematological data if required by policy (see Policy 2.13 Hematological Testing). Note: All children between the age of 13 and 23 months old must have a hematological test at the mid-certification follow-up visit. a. Current measurements taken by the physician may be used for the mid-certification appointment. 1 of 2

West Virginia WIC Policy & Procedure 2.16 Effective Date: 5/03/2022 2.16 Mid-Certification Follow-Up for Breastfeeding Women, Infants and Children i. Anthropometric measurements must not be older than 60 days (see Policy 2.12 Anthropometric Measurements). ii. Hematological data must not be older than 90 days and must reflect the participant’s current WIC category (see Policy 2.13 Hematological Testing). 3. The Nutritionist/Nutrition Associate (CPA) should add nutrition risk codes to the Crossroads Assigned Risk Factors Screen following completion of a health/nutrition assessment. 4. A Nutrition Care Plan must be completed by the Nutritionist/Nutrition Associate (CPA) (see Policy 5.04 The Nutrition Care Plan). C. Individual Nutrition Education Contact 1. The Nutritionist/Nutrition Associate (CPA) will discuss the participant’s nutritional needs with the participant, parent/guardian or caretaker and document the individual nutrition education contact in the Crossroads Nutrition Education Screen. D. Missed Appointment 1. eWIC benefits will not be denied if the follow-up appointment is missed. a. Staff must attempt to contact the parent/guardian before issuing benefits. 2. The Local Agency should reschedule missed appointments. REFERENCES: 1. WIC Regulations 7 CFR 246.7 Certification of Participants 2 of 2

West Virginia WIC Policy & Procedure 2.17 Effective Date: 1/29/2026 2.17 Identification of WIC Applicant/Participant and Parent, Guardian or Caretaker

POLICY:

The Local Agency will verify the identification of each applicant/participant and parent, guardian or caretaker applying for benefits on behalf of an infant and/or child at each certification and/or follow-up appointment and when issuing benefits.

PROCEDURE:

A. Required Identification

1. At each contact the local agency staff will verify the identification of each WIC applicant/participant and of the parent, guardian or caretaker.

a. For certification appointments, including initial and subsequent certifications, documentation of the identification verification must be entered into the Crossroads Computer System.

b. A copy of the documents used for proof of identity should not be scanned into the Crossroads Computer System.

c. Acceptable forms of identification can be the original or viewed on an electronic device.

d. Verbal verification (see Section C.) will only be used for follow-up, nutrition education, breastfeeding contacts and other food benefit issuance appointments (i.e. formula change appointment).

e. Verbal verification (see Section C.) cannot be used for Verification of Certification (VOC) or custody or foster care changes.

f. Visual verification is not allowed in any circumstance.

2. The following will be accepted as proof of identification:

● Birth certificate (state-issued) ● CHIP Eligibility(verification)(current) ● Citizenship papers ● Concealed carry permit ● Crib card (infants only) ● Custody or foster care documents ● Driver’s license or state identification card with photo(Current) ● Employee check stub with name printed on it (current) ● Employee identification card ● Home birth certificate (infants only) ● Hospital identification bracelet (infants only) ● Immigration record ● Immunization record ● Labor and delivery hospital discharge papers (infants only) ● Marriage license/certificate ● Medicaid Eligibility(Current) 1 of 3

West Virginia WIC Policy & Procedure 2.17 Effective Date: 1/29/2026 2.17 Identification of WIC Applicant/Participant and Parent, Guardian or Caretaker

● Military identification card ● Passport ● School identification card ● Social Security card ● Voter registration card ● WVHIN if ARHI is signed and on file at local agency ● Self-Declaration Form(STATE AGENCY APPROVAL ONLY)* (see section B.) Note: See Policy 2.17 Attachment #2, WIC Proof of Identity, Residency and Income

B. Applicant/Participant and/or Parent, Guardian or Caretaker Unable to Provide

Proof of Identification

1. An applicant/participant and/or parent, guardian or caretaker that has no proof of identification must provide a signed statement attesting their identification (see Policy 2.17 Attachment #1).

2. The only acceptable uses of Attachment #1 include: a domestic violence victim,

a victim of theft, loss or disaster, a homeless individual or a migrant.

a. A misplaced or lost proof of identification is not an acceptable use of Attachment #1.

3. Attachment #1 will be scanned into the Crossroads Computer System, titled Family ID number Self-Declaration Form-Date scanned into Crossroads. 4. Use of Attachment #1 must have State-Agency approval. The State-Agency will document approval for self-declared proof of identity in the Crossroads Computer System.

C. Verbal Verification

Verbal verification may be used for contacts other than certification appointments, including initial and subsequent certifications. The applicant/participant, parent, guardian or caretaker will provide verbal verification of identification, by providing at least 3 of the following: parent/guardian name and birth date, participant’s name(s) and birth date(s), address, or other identifiable information.

1. Verbal verification can be used in clinic for follow-up appointments, nutrition education, breastfeeding contacts and other food benefit issuance appointments (i.e. formula change appointment).

2. Verbal verification can be used for over the phone nutrition education breastfeeding contacts and other food benefit issuance appointments (i.e. formula change appointment).

3. Verbal verification cannot be used for certification appointments, including initial and subsequent certifications.

2 of 3

West Virginia WIC Policy & Procedure 2.17 Effective Date: 1/29/2026 2.17 Identification of WIC Applicant/Participant and Parent, Guardian or Caretaker

4. Verbal verification cannot be used for Verification of Certification (VOC) or custody or foster care changes. REFERENCES:

1. WIC Regulations & CFR 246.7, Certification of Participants 2. WIC Policy Memorandum 2016-4, Verification of Certification 3. Final WIC Policy Memorandum 99-4, Strengthening Integrity in the WIC Certification Process

ATTACHMENTS:

1. Self-Declaration Form – State Agency Approval Required 2. WIC Proof of Identity, Residency and Income 3 of 3

1 of 2 West Virginia WIC Policy & Procedure 2.18 Effective Date: 12/05/2011

2.18 Services to Persons Affiliated with Institutions and Homeless Facilities

POLICY:

Persons affiliated with institutions, such as schools, maternity homes, temporary shelters or any other residential facility where meals are provided as part of the usual service are eligible to participate in the WIC Program when they meet WIC Program eligibility criteria.

PROCEDURE:

A. Participation Criteria

To assure that the WIC Program benefits the participant rather than the institution and to ensure that the person participates in the WIC Program in the same manner and to the same degree as those without institutional affiliation, the following criteria must be met:

1. The institution may not accrue financial or in-kind benefit from a person’s participation in the WIC Program, such as transferring WIC food to general inventory or reducing the quantity of food provided to WIC participants;

2. Foods purchased with food benefits may not be used in communal food service, but will be available only to the participant for whom they were issued;

3. No institutional constraints may be placed on the ability of the participant to receive supplemental foods and all associated services made available by the Local Agency.

B. Monitoring Institution Compliance with Policy

1. The Local Agency Director must contact the institution by phone or by site visit annually or whenever a participant reports a problem to assure the above criteria are being followed.

2. The Local Agency will request that the institution and the homeless facility inform the Local Agency when the above conditions are not in compliance.

3. The Local Agency will discontinue issuance of WIC foods, except infant formula, when an institution has been determined to be noncompliant during the participant’s certification period until compliance is achieved or alternative shelter arrangements are made. The participant will continue to receive all other WIC benefits and may be certified again.

4. When the State or Local Agency determines that an institution fails to meet the conditions of this policy during a follow-up contact within ten (10) days after noncompliance is detected or the site declares that it will not attempt to comply with policy, it will refer all participants using the facility to any other facility in the area which meets these conditions.

2 of 2 West Virginia WIC Policy & Procedure 2.18 Effective Date: 12/05/2011

2.18 Services to Persons Affiliated with Institutions and Homeless Facilities

5. The Local Agency Director will keep on file the Institution/Homeless Facility Compliance Contact form (see Attachment #1 2.18) for each institution serving WIC participants in the Local Agency area.

C. Food Package Prescription

1. Participants residing in an institution which provides refrigeration, food storage/preparation facilities will be issued the standard food package which is appropriate for their category or one that is tailored for their individual needs.

2. The homeless food package may be issued to those participants who do not have access to refrigeration and food storage/preparation facilities.

REFERENCES:

1. WIC Regulations 246.7, Certification of Participants 2. FNS Instruction 803-13, Eligibility of Persons Affiliated with Institutions 3. SFP 92-178, WIC: Final Homeless Rule

ATTACHMENTS:

1. Institution/Homeless Facility Compliance Contact

1 of 2 West Virginia WIC Policy & Procedure 2.19 Effective Date: 08/01/97

2.19 Electronic Signatures for the Competent Professional Authority (CPA)

POLICY:

The CPA may use an electronic signature in lieu of a hand-written one for documenting an individual’s nutritional risk condition(s), food package prescription and clinical assessment/plan.

PROCEDURE:

A. Accountability and Security

The State Agency must ensure adequate accountability and security measures.

1. The State Agency will establish a system for the management and issuance of access codes and signature keys including procedures for changing access codes and signature keys on a periodic basis.

2. The State Agency will establish controls which limit access to information which identifies each CPA’s access code and signature key.

3. The State Agency will require that CPAs sign an Affidavit before a notary public (see Policy 2.03, Competent Professional Authority).

B. Electronic Signatures Meet Signature Requirements

As outlined in the Memorandum Opinion Regarding Computerized Progress Notes, dated August 1, 1994 by Geri Guerin, Senior Assistant Attorney General (WV) (see Attachment #1 2.19):

1. The Comptroller General of the United States has held that electronic signatures fulfill the characteristics of a signature.

2. Computerization of the STORC system appears to meet or exceed the Federal standards for computer data authentication, encryption of signatures, access control and password management.

a) The system appears to have adequate safeguards to protect client confidentiality and to ensure permanency of a record once filed in the system.

b) Security and access control are at least equal to that afforded paper records available at a CPA’s work area.

c) The STORC system requires a user to change his/her password every thirty (30) days.

2 of 2 West Virginia WIC Policy & Procedure 2.19 Effective Date: 08/01/97

2.19 Electronic Signatures for the Competent Professional Authority (CPA)

C. Responsibilities of the System Administrator

The System Administrator will be responsible for the security and confidentiality regarding codes and signature keys.

1. The STORC system allows only the System Administrator to change a user’s password.

2. The System Administrator will ensure that once codes and keys are entered, that this information is not reproduced and that the original hard copy of these lists be kept confidential and secured under lock.

3. The System Administrator will be responsible for reinforcement of the security and confidentiality requirements afforded codes and signature keys at the time new passwords are issued and document this action.

D. Affidavit

The CPA must sign an Affidavit before a notary public acknowledging receipt of an individualized access code and signature key for the CPA’s confidential, exclusive and solitary use and that such use has the same force and effect as a signature for documentation purposes (see Policy 2.03, Competent Professional Authority).

E. Security Against Unauthorized Use of Access and Signature Codes

To ensure against authorized use of a CPA’s access and signature codes which could result in the creation of bogus cases and unauthorized issuance of food instruments, the STORC system uses computer security features described in NIST Special Publication 800-4 (see Attachment #1 2.19, Memorandum Opinion Regarding Computerized Progress Notes).

REFERENCES:

1. WIC Regulations 246.7, Certification of Participants

ATTACHMENTS:

1. Memorandum Opinion Regarding Computerized Progress Notes

West Virginia WIC Policy & Procedure 2.20 Effective Date: 04/01/03

2.20

Immunization Screening and Referral

1 of 2 POLICY:

The local agency will provide immunization screening and referrals to all WIC infants and children under the age of two using a documented history.

PROCEDURE:

A. Minimum Immunization Screening and Referral Protocol

1. Scheduling WIC certification appointments for children under the age of two:

a) Advise parents and caretakers of infant and child WIC applicants that immunization records are requested as a part of the WIC certification and health screening process.

b) Explain to parent/caretaker the importance that WIC places on making sure that children are up to date on immunizations and;

c) Assure applicants that immunization records are not required to obtain WIC benefits.

2. At initial certification and all subsequent certification visits for children under the age of 2, screen the infant/child’s immunization status using a documented record.

a) A documented record is a record (computerized or paper) in which actual vaccination dates are recorded and includes:

1) A parent’s hand-held immunization record (from the provider),

2) An immunization registry, an automated data system or;

3) A client chart (paper copy).

3. At a minimum, screen the infant/child’s immunization status by counting the number of doses of doses of DtaP (diphtheria and tetanus toxoids and acellular pertussis) vaccine they have received in relation to their age, according to the following table:

 By 3 months of age, the infant/child should have at least 1 dose of DtaP.  By 5 months of age, the infant/child should have at least 2 doses of DtaP.  By 7 months of age, the infant/child should have at least 3 doses of DtaP.  By 19 months of age, the infant/child should have at least 4 doses of DtaP.

4. If the infant/child is under-immunized:

a) Provide information on the recommended immunization schedule appropriate to the age of the infant/child;

West Virginia WIC Policy & Procedure 2.20 Effective Date: 04/01/03

2.20

Immunization Screening and Referral

2 of 2 b) Provide referral for immunization services, ideally to the child’s usual source of medical care.

5. If a documented immunization record is not provided by the parent/caregiver:

a) Provide information on the recommended immunization schedule appropriate to the

age of the infant/child;

b) Provide referral for immunization services, ideally to the child’s usual source of medical care; and

c) Encourage the parent/caregiver to bring the immunization record to the next certification visit.

REFERENCES:

1) SFP 01-111, Immunization Screening and Referral in WIC.

West Virginia WIC Policy & Procedure 2.21 2.21 Lead Screening and Referral Effective Date: 11/21/2022 POLICY: All infants, age six (6) months and older, and children will be provided a lead screening (questionnaire); when necessary, a referral will be sent to the healthcare provider. PROCEDURE: A. Lead Screening – On the Crossroads Dietary Assessment Screen 1. Infants, age six (6) months and older a. At the one (1) year certification appointment, between twelve (12) and thirteen (13) months of age, the Nutritionist/Nutrition Associate (CPA) must complete the Lead Screening Question on the Crossroads Dietary Assessment Screen with the parent, guardian or caretaker: “Has your infant/child had a blood test for lead within the past 12 months?” i. Utilize medical documentation (electronic or hard copy) from the healthcare provider, when available. b. If the parent, guardian or caretaker answers “no” or “unknown”, a referral to the healthcare provider is required. i. Document the referral on the Crossroads Referral Program Screen. ii. The Nutritionist/Nutrition Associate (CPA) will follow-up on the referral at the infant/child’s mid-certification follow-up appointment. 2. Child: a. At every child certification appointment (age 2 – 5 years old), the Nutritionist/Nutrition Associate (CPA) must complete the Lead Screening Question on the Crossroads Dietary Assessment Screen with the parent, guardian or caretaker: “Has your infant/child had a blood test for lead within the past 12 months?” i. Utilize medical documentation (electronic or hard copy) from the healthcare provider, when available. b. If the parent, guardian or caretaker answers “no” or “unknown”, a referral to the healthcare provider is required. i. Document the referral on the Crossroads Referral Program Screen. ii. The Nutritionist/Nutrition Associate (CPA) will follow-up on the referral at the child’s mid-certification follow-up appointment. B. Nutrition Education and Counseling 1 of 2

West Virginia WIC Policy & Procedure 2.21 2.21 Lead Screening and Referral Effective Date: 11/21/2022 1. Encourage all participants, including women participants, to speak with their healthcare provider about getting a lead test, especially if they reside in an area with a known lead issue. 2. Encourage the WIC food package which provides key nutrients that contribute to decreased lead absorption. a. Calcium – milk, yogurt and cheese b. Vitamin C – fresh, frozen and/or canned: citrus, strawberries, broccoli, brussels sprouts, potatoes and peppers. c. Vitamin D – egg yolks, some fortified cereals d. Vitamin E – spinach, broccoli, butternut squash e. Zinc – whole grains, milk, yogurt, cheese f. Iron – beans (dried or canned), WIC cereals, spinach, tuna 3. Offer a lead safety pamphlet or at a minimum summarize the information in the pamphlet. REFERENCES: 1. WIC Final Policy Memorandum 2001- 1, WIC Allowable Costs – Clarification of WIC’s FY 2001, Appropriations Act Provision Regarding Blood Lead Screening 2. Revised/Reissued Policy Memorandum 93-3A, WIC’s Role in Screening for Childhood Lead Poisoning 3. CDC Lead Poisoning Prevention Program 4. West Virginia Childhood Lead Poisoning Prevention Program 2 of 2

West Virginia WIC Policy & Procedure 2.22 Effective Date: 3/21/25

2.22 Emergency Certifications and WIC Operations ___________________ POLICY:

In certain emergencies, including but not limited to disasters, inoperable clinic facilities, and critical staffing shortages, the Nutritionist/Nutrition Associate (CPA) can complete certifications, including initial certifications and subsequent certifications, without physical presence. See Policy 2.01 Certification of WIC Participants. An emergency is an event that is outside of the Local Agency’s control and creates ongoing barriers to in-person service. It is the State Agency's discretion to waive physical presence and approve length of time, for providing clinic services.

This policy can ONLY be utilized with State Agency Approval. The Local Agency Director must keep the completed Request for Emergency Certifications and WIC Operations approval form (see Attachment #1, Emergency Services Certification and Operations Approval Form) on file at the Local Agency. The following steps must be taken in order to seek approval for Emergency Certification:

1. The Local Agency Director must complete Attachment #1, 2.22 Emergency Services Certification and Operations Approval Form. 2. The form must be sent to the State Agency Deputy Director for approval. 3. Once it is granted by the State Agency, the Local Agency Director and the SA Help Desk will be notified of the approval.

All face-to-face follow-up appointments, including mid-certification follow-ups and high-risk follow-ups, can be completed without physical presence.

1. The Nutritionist/Nutrition Associate (CPA) will complete nutrition counseling over the phone. For example, when conducting an appointment for a high-risk follow-up participant due to low hemoglobin, the nutritionist may discuss the importance of consuming iron-rich foods, foods high in vitamin C, etc. OR using VENA principles, allow the participant, parent/guardian or caretaker to determine the topic of discussion for nutrition education.

2. Food benefits will be issued, and the next appointment will be scheduled.

3. The Nutritionist/Nutrition Associate (CPA) will document in the care plan that the appointment was completed without physical presence due to Emergency Certification approval.

Nutrition Education and breastfeeding contacts can be done remotely, either online or over the phone. Note: Any refusal of Nutrition Education must be documented on the Nutrition Education screen in Crossroads.

PROCEDURE:

A. WIC staff will use a state-approved phone system (i.e. Google Voice, agency issued cell phone or iPad, etc.) to complete the certification.

West Virginia WIC Policy & Procedure 2.22 Effective Date: 3/21/25

2.22 Emergency Certifications and WIC Operations ___________________ 1. Before starting any appointment, WIC Staff must verbally verify that they are speaking with the participant, parent/guardian, or caretaker.

a. Staff must ask three (3) identifying questions – birthday, child or children’s birthdays, address, last four (4) digits of Social Security Number, etc.

2. WIC staff will explain to the participant/parent/guardian that you will be asking questions about income and other personal information to complete the certification.

3. WIC will explain to the participant/parent/guardian that you will be entering information into the Crossroads Computer System, so they are aware of what is happening during the appointment.

4. The CPA will contact the interpreter service for a participant with Limited English Proficiency (LEP).

B. WIC staff will verify the identification, residency and income of the participant and parent/guardian or caretaker.

1. Documentation of Participant and Parent/Guardian or Caretaker identification, residency and income must be provided to the certifying WIC clinic at every certification appointment (initial and subsequent certifications).

a. Documentation can be mailed, emailed, faxed, photographed, and texted to a WIC-owned cell phone, etc. to the certifying WIC clinic. b. If using Medicaid for adjunct eligibility, WIC staff must utilize the West Virginia MMIS System to verify Medicaid eligibility on the day of the appointment.

2. If the participant, parent/guardian, or caretaker is unable to provide all proofs and is not adjunctively eligible, WIC staff will complete a temporary certification.

a. A temporary certification is a shortened, thirty (30) day certification period, where the applicant is lacking one (1) of the three (3) required components of determining eligibility (identification, residency and income).

b. Documentation will need to be provided to the WIC clinic within 30 days. If documentation is not provided, certification will expire.

c. A temporary certification can only be used once per certification.

i. A temporary certification can only be used again if a full certification was completed in between temporary certifications. ii. A temporary certification cannot be used again if a full certification

West Virginia WIC Policy & Procedure 2.22 Effective Date: 3/21/25

2.22 Emergency Certifications and WIC Operations ___________________ was not completed.

3. All WIC staff should review:

a. Policy 2.04 Residency Requirements b. Policy 2.06 Income Eligibility Requirements c. Policy 2.17 Identification of the Applicant/Participant and Parent, Guardian or Caretaker

C. Participant Demographics Screen

1. WIC staff will document the required information on the Participant Demographics Screen.

a. Under Physical Presence, select “no.” b. Select the Physical Presence Exemption Reason, “State Agency Approved Emergency.”

D. Complete the Income Information Screen

1. If the participant or parent/guardian or caretaker is not adjunctly eligible and cannot email income documentation (i.e. paystubs), enter “XXXXXX.”

a. Crossroads will require income source, frequency, and gross income amount; the participant will self-declare these items for temporary certification only.

b. This will give the participant a temporary, 30-day certification.

E. Issuing an EBT Card Remotely

1. If the participant or WIC family needs a new EBT card, it can be mailed:

a. The envelope cannot have any WIC logos or identifying information on it. b. The envelope cannot have a window. c. Do not put return to sender on the envelope. d. Confirm the address on file. e. Document mailing in the family record.

F. Certification Signature

1. The Remote Services Acknowledgement Form, The Participant Agreement, and the Authorization for Release of Health Information, (ARHI) will be sent to the participant or parent/guardian/caretaker via DocuSign. The participant, the parent/guardian, or caretaker must read and sign the document. Ensure for all initial certifications that the participant agreement is addressed to the parent/guardian 1 and that the signature that is on the document is the

West Virginia WIC Policy & Procedure 2.22 Effective Date: 3/21/25

2.22 Emergency Certifications and WIC Operations ___________________ parent/guardian 1. The Participant Agreement for a sub-certification appointment can be the parent/guardian 1/parent/guardian 2/caretaker.

a. WIC staff will scan The Participant Agreement into the participant’s Crossroads file.

2. WIC staff will verbally review the required parts of the Participant Agreement.

3. WIC staff will click Capture Signature and write “See Scanned Document” and sign in the Certification Signature box.

a. WIC staff must sign using their complete signature, not their initials.

5. If the participant, parent/guardian, or caretaker lacks internet access or prefers a paper copy, WIC staff will offer to mail a copy of the Participant Agreement.

G. Anthro/Lab Screen

1. Collect height/length and weight from the Health Information Network (WVHIN) or physician’s office. Height/length and weight must have been measured within the past 60 days.

2. If applicable, collect a hemoglobin (hgb) value and lead value from the Health Information Network (WVHIN) or physician’s office. Hemoglobin values must be measured within the past 90 days, and taken in the participant’s current category. Lead values must be measured within the last year.

3. Only accept any measurements that are from a healthcare provider. a. You must receive verbal or written verification from the healthcare provider; the WVHIN is written verification. b. Measurements must be documented correctly in the Crossroads Computer System. c. Do NOT scan documentation into the Crossroads Computer System.

Note: Documenting the participant as not physically present removes the requirement to enter measurements, hemoglobin values and lead values.

H. Nutrition Assessment Screens

1. The Nutritionist/Nutrition Associate (CPA) will utilize VENA to assess for all potential nutrition risk codes for the participant’s category and age.

a. Utilize the WV WIC website for handouts that can be shared electronically with participants/parents/guardians: WIC Nutrition and Breastfeeding Handouts

West Virginia WIC Policy & Procedure 2.22 Effective Date: 3/21/25

2.22 Emergency Certifications and WIC Operations ___________________

b. WIC staff will offer to mail or email nutrition education materials to participants.

c. If applicable, WIC staff will encourage downloading the WICSmart App.

2. Promote breastfeeding to pregnant participants by exploring questions and concerns about breastfeeding.

a. Offer breastfeeding peer support if available. b. Offer information to address concerns; document in the participant's file. c. WIC staff will offer to mail breastfeeding education materials to participants.

3. Immunization Documentation: All participants under the age of two (2) will be asked to show documentation of their immunization record, specifically DTaP; immunization documentation is located on the Health Information Screen. Immunization records can be electronic records (WVSIIS).

a. If documentation shows they are up-to-date, mark Up-to-date.

b. If documentation shows they are NOT up-to-date, mark them as Not Up-to-date and refer the participant to their healthcare provider or local health department.

c. If there is no documentation available, mark Unknown and if necessary, refer the participant to their healthcare provider or Local Health Department.

d. Review Policy 2.20 Immunization Screening and Referral.

4. Document answers to questions in the Crossroads Computer System.

5. Assign all appropriate Risk Factors.

6. Discuss and document referrals. a. Example: all participants age 3 and older must be referred to Head Start. Reminder: go to the pencil and mark the referral as “Kept.”

7. Discuss and assign goals.

8. Complete a Nutrition Care Plan on the Care Plan Screen. a. “Remote Certification due to State Agency Approved Emergency” must be documented in the Nutrition Care Plan.

West Virginia WIC Policy & Procedure 2.22 Effective Date: 3/21/25

2.22 Emergency Certifications and WIC Operations ___________________

I. Prescribe and Issue Food Benefits

1. Issue benefits for the appropriate number of months.

2. WIC staff will discuss the food package and the WV WIC Shopping Guide with the participant or parent/guardian/caretaker.

3. WIC staff will encourage participants to download the WIC Shopper App. a. WIC staff will also encourage the downloading of the WIC Smart App.

4. WIC staff will offer to mail WV WIC Shopping Guide, Food Benefit Shopping List and Technology Brochure (if applicable).

5. WIC staff will select their user ID for signing; sign for benefits and will write “RBI” for Remote Benefit Issuance. a. WIC staff must sign using their complete signature, not their initials.

J. Make Future Appointment

1. Make a future appointment and let the participant or parent/guardian, or caretaker know what documents will be needed.

2. Most participants will be scheduled every 3-months as: Initial Certification – Nutrition Education – Mid-Certification Follow-Up – Nutrition Education – Subsequent Certification

3. The Nutritionist/Nutrition Associate (CPA) may use slight discretion when scheduling appointments:

a. If the participant needs a follow-up appointment in place of nutrition education, the Nutritionist may schedule a remote follow-up appointment.

K. Appointment Reminders

1. Upon approval of an Emergency Certification, the Local Agency will be responsible for participant appointment reminders.

2. The State Agency will not provide notification reminders during the period where physical presence has been waived at an approved Emergency Certification and WIC Operations WIC Clinic or Local Agency

ATTACHMENTS:

1. Emergency Certification and Operations Approval Form

West Virginia WIC Policy & Procedure 2.22 Effective Date: 3/21/25

2.22 Emergency Certifications and WIC Operations ___________________ REFERENCES:

1. USDA - Certification and Eligibility Resource and Best Practices Guide 2. West Virginia Service Delivery Redesign Document, 2023.

West Virginia WIC Policy & Procedure 2.23 Effective Date: 6/18/2026 2.23 State Custody Change Notification

POLICY:

To help remove the barriers of required documentation on foster children and allow them to be served more quickly. The local agency’s (LA) designee will contact potential eligible families to notify them of their eligibility to participate in WIC and get them certified. The local agencies may contact the helpdesk if they have a foster child in the clinic who does not have the required foster documentation. The helpdesk can verify if that child is in foster care.

PROCEDURE:

1. Definitions

a. Custody: Physically in the possession of a parent or legal guardian

b. Family: Persons residing together as an economic unit, excluding residents of institutions.

c. Foster Child: A foster child who is the legal responsibility of the Department of Human Services or other agency is considered a family of one (1) for WIC purposes.

d. Documentation: Paperwork that is from the state or a placement agency that contains the following: i. The child’s name ii. Parent or legal guardian name iii. Date signed iv. Signature of case worker

e. Helpdesk: State Agency staff who take calls from clinics with questions f. Tracker Report: Report updated Daily by the State Agency with data on potentially eligible children g. Mass Messaging system: A notification system that alerts participants of appointments and other important information

2. Implementation of Policy a. LA Designee will contact the participant by phone and schedule the certification appointment. If contact is made and staff are scheduling an appointment, staff should transfer the child to the existing foster parent account or create a new foster parent account in Crossroads so the Mass Messaging System appointment

Page 1 of 2

West Virginia WIC Policy & Procedure 2.23 Effective Date: 6/18/2026 2.23 State Custody Change Notification

reminder will be sent to the correct family. If the child is within your agency, enter a family alert stating “Child’s Name” is no longer in the family. If the child is not in your agency, contact Helpdesk for an alert to be entered. If contact is not made, LA Designee will mail a foster care outreach letter and foster brochure (Foster Children and WIC Brochure (OR-010). Documenting results in the Tracker Report. b. The following week, LA Designee will review the data in the Tracker Report, look up any records that do not have an appointment scheduled or certified, attempt to contact by phone and document the result in the Tracker Report. c. The third week, they will look up any records that do not have an appointment scheduled or certified d. Two attempts to contact the family are required e. If the foster parent chooses not to participate in the program, staff will document the reason why they chose not to participate on the Tracker Report. 3. Processing standards of 10 days from contact for an initial certification and 20 days from contact for other appointments would start at the time the clinic actually makes contact with the parent or legal guardian (Outlined in Policy 2.05) 4. If the WIC Office is notified that the foster child is no longer in the home, the foster child’s EBT card must be deactivated in Crossroads. This is to eliminate the chance of benefits being redeemed and to ensure acceptable documentation has been provided to the WIC Office and the transfer to the new foster family has been completed in Crossroads. Enter a family alert in Crossroads stating that the child is no longer in the home. (Outlined in policy 2.07) a. If staff is unable to deactivate the EBT card or enter a family alert within Crossroads, contact Helpdesk for the EBT card to be deactivated and for the family alert to be entered.

REFERENCES:

1. WIC 1. Regulations 246.7, Certification of Participants 2. FNS Instruction 803-15, Processing Time Frames

Page 2 of 2

West Virginia WIC Policy & Procedure 3.08 Effective Date: 1/29/2026 3.08

Returned WIC Formula

POLICY: The Local Agencies are responsible for the collection of returned formula, the donation of appropriate formulas and the disposal of special formulas. PROCEDURE: A. When formula is returned to WIC

Participants occasionally return formula bought with WIC benefits to the WIC Program, because WIC foods cannot be exchanged at the store for food, formula, cash or credit. All contract formula and certain special formulas (designated below) should be donated to community emergency food programs, such as food pantries. Local Agencies are directed to consult the Code of West Virginia Good Samaritan Food Donation Act, a state law enacted to encourage participation in food donation programs by providing a statutory framework to protect food donators from liability for their good faith efforts: A nonprofit organization is not subject to civil liability or criminal liability arising from the nature, age, packaging or condition of apparently wholesome food or an apparently fit grocery product which the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution without profit or gain to needy individuals: Provided, That this limitation on liability does not apply to an injury to or the death of an ultimate user or recipient of the food or grocery product which results from an act or omission of the nonprofit organization which constitutes gross negligence or intentional misconduct. B. Returned Formula

1. Local Agency staff should inspect returned formula containers for visible defects and should check the label to ensure that the “use-by-date” has not expired. Infant formula that is expired, opened or that is visibly dented or damaged should be discarded and must not be distributed to community emergency food programs.

2. Local Agency staff must document each time formula is returned from a participant (see Policy 3.06, Attachment #1 Voiding eWIC Benefits).

3. Local Agency staff must store returned formula in a secure location that is out of view to WIC participants and ensure that the formula is protected from spoilage, infestation, damage or other conditions that may damage the wholesomeness or degrade the nutritional value or safety of the formula.

C. WIC formulas appropriate for donation

1. The following formulas listed under both a. Contract Formulas and b. Exempt Infant Formula and WIC Eligible Nutritionals on the WIC formulary would be appropriate to donate: a. Contract Formulas: 1

West Virginia WIC Policy & Procedure 3.08 Effective Date: 1/29/2026 3.08

Returned WIC Formula

Similac Advance OptiGrow Similac Soy Isomil

Similac Gentle Comfort

Similac Sensitive

b. Exempt Infant Formula (special formulas) and WIC Eligible Nutritionals: Enfamil AR Similac Alimentum Nutramigen NeoSure EnfaCare Ensure

PediaSure PediaSure with Fiber Carnation Instant Breakfast Boost

2. Local Agency staff must document each time formula is donated to a community emergency food program (see Attachment #1).

3. Local Agency staff must reduce the formula in Crossroads’ inventory upon formula donation.

D. WIC formulas not appropriate for donation

1. Formulas not specifically named and included in Section C. 1. are not appropriate for donation. These formulas should be discarded and must not be distributed to community emergency food programs.

2. Local Agency staff must document each time formula is discarded (see Attachment #2).

3. Local Agency staff must reduce the formula in Crossroads’ inventory upon formula disposal.

E. Formula Warehouse (CAP) Infant Formulas and WIC Nutritionals

1. Infant formulas and WIC nutritionals that were delivered to the local agency clinic more than 30 days ago and did not leave the clinic may be reissued to another participant for a current benefit (i.e. staff cannot fill from stock for first date to spend dates past today’s date).

ATTACHMENTS:

1. Formula Donation Tracking Form 2. Formula Disposal Tracking Form

REFERENCES:

1. West Virginia Code 55-7D-1 Good Samaritan Food Donation Act 2. WIC Regulations 246.12 3. WIC Policy Memo 2020-1, Donation of Unused, Returned Infant Formula

2

West Virginia WIC Policy & Procedure 3.01 Effective Date: 03/04/13

3.01

Introduction

1 of 1 POLICY:

The West Virginia WIC Program uses a retail purchase food delivery system to provide supplemental foods free of charge to qualified WIC participants. eWIC benefits may be issued to WIC participants up to three months at a time.

PROCEDURE:

The Local Agency must implement the food delivery system according to the policies of the West Virginia WIC Program Policy and Procedure Manual.

1 of 1 West Virginia WIC Policy & Procedure 3.02 Effective Date: 3/3/2015 3.02

Security of eWIC Benefit Cards

POLICY:

The Local Agency is responsible for the security of all eWIC Benefit Cards until the time they are issued to participants, parents/guardians, or caretaker.

PROCEDURE:

A. Storage and Security of eWIC Benefit Cards

1. eWIC Benefit Cards must be stored in a secure area whenever they are not in use.

2. Access to storage closets, cabinets or drawers will be limited to designated WIC personnel.

B. Inventory of eWIC Benefit Cards

The Local Agency is responsible for maintaining an accurate inventory of all eWIC Benefit Cards at all times.

REFERENCES:

1. WIC Regulations 246.12, Food Delivery Systems

West Virginia WIC Policy & Procedure 3.03 Effective Date: 04/09/13

3.03

Food Instrument Reconciliation

1 of 1 POLICY:

The Local Agency is responsible for verifying receipt of food instruments that are distributed to each WIC participant at each Local Agency WIC clinic.

PROCEDURE:

A. End-Of-Day (EOD)

The EOD procedure involves the transfer of the STORC ASCII transactions for the day, data base file updates and STORC repositories to the appropriate destinations.

B. Food Instrument History Report

1. The Food Instrument History Report is a report that is automatically run when the EOD process is performed.

2. The Food Instrument History Report must be manually generated through the STORC Reports Screen if it is not automatically generated.

C. eWIC Benefit Reconciliation

1. The Food Instrument History Report must be reconciled once the End of Day process has been completed at the permanent site with all Benefit Balance Receipts. Once the reconciliation is completed, the Food Instrument History Report should be signed, dated and stored in a secure area with the Benefit Balance Receipts stored by date.

2. Where practical, WIC personnel responsible for issuing and voiding eWIC benefits should not conduct the eWIC benefit reconciliation by themselves. If possible, the reconciliation job should be rotated among several WIC personnel.

West Virginia WIC Policy & Procedure 3.05 Effective Date: 04/09/13

3.05

eWIC Benefit Card Issuance

1 of 2 POLICY:

The Local Agency must account for the disposition of all food instruments as either issued or voided. Redeemed food instruments must be identified as validly issued, lost or stolen. In an EBT system, evidence of matching redeemed FI to valid enrollment and issuance records may be satisfied by linking the Primary Account Number associated with electronic transaction. The Local Agency will be subject to claims as outlined in 246.23(a)(4) for redeemed food instruments that do not meet the conditions established in 246.12.(q) of the Federal Regulations.

PROCEDURE:

A. Prior to eWIC Benefit Card Issuance

eWIC Benefit Cards will not be established prior to the WIC participant’s visit to the WIC clinic.

B. eWIC Benefit Card Issuance

1. One eWIC Benefit Card will be issued to a family for all WIC participants.

2. eWIC benefits may be issued for up to three (3) consecutive months at a time.

3. Each WIC food package will be aggregated to one sum total per food category.

4. eWIC benefits will be automatically prorated when the WIC participant is late picking up benefits.

C. Signing the Benefit Balance Receipt

The WIC personnel will instruct the payee or proxy to sign and date the first page of the Benefit Balance Receipt, and if multiple pages print, then instruct payee/proxy to initial and date the last page.

D. Error on the Benefit Balance Receipt

1. White-out and similar products should not be used on the Benefit Balance Receipt because of the possibility of concealment of factual information.

2. If an error occurs, WIC personnel will draw a single line through the error and initial.

E. Retention of Benefit Balance Receipts

1. Signed Benefit Balance Receipts will be filed by date and stored in a secure area.

2. Benefit Balance Receipts should be maintained for three (3) years and one-hundred fifty (150) days. This maintenance period will be calculated from the last day to spend as indicated on the receipt.

West Virginia WIC Policy & Procedure 3.05 Effective Date: 04/09/13

3.05

eWIC Benefit Card Issuance

2 of 2 F. Instruction for the WIC Payee/Proxy

1. The WIC payee/proxy will be instructed on the use of the eWIC Benefit Card. The payee/proxy will be given the “West Virginia eWIC Benefits Card” (WIC -64), pamphlet.

2. At the first issuance of the eWIC Benefit Card, the payee/proxy must establish a PIN code which activates the card prior to shopping for benefits.

3. Benefits will be loaded onto the card upon issuance and will expire at midnight on the last date to spend. Subsequent months will be loaded at midnight on the first date to spend.

4. A current Vendor List will be provided to new participants for their area.

REFERENCES:

1. WIC Regulations 246.12 (q), Food Instrument Disposition 2. “West Virginia eWIC Benefits Card” pamphlet (WIC-64)

West Virginia WIC Policy & Procedure 3.06

Effective Date: 9/14/2016 3.06

Voiding eWIC Benefits

1 of 1 POLICY:

The Local Agency is responsible for voiding eWIC benefits for food package changes, parent/guardian changes, or replacement of food benefits (see Policy 1.10, Disaster Policy and Coordination, Section F).

PROCEDURE:

A. Documentation of Void Reason in Crossroads

The void reason must be selected on the Food Instrument List Screen when the “Confirm Action Food Instruments to be voided” confirmation box is enabled.

B. Tracking of Returned Formula

1. All formula returned to the Local Agency will be tracked on Attachment #1, Returned Formula Tracking Form. At the time a participant, parent/guardian or caretaker brings formula into the Local Agency, the staff receiving the formula will complete sections 1-6.

ATTACHMENTS:

1. Returned Formula Tracking Form

West Virginia WIC Policy & Procedure 3.07 Effective Date: 9/14/2016 3.07

Lost, Stolen and Damaged eWIC Benefit Cards

1 of 1 POLICY:

The purpose of this policy is to provide procedures for the replacement of eWIC Benefit Cards.

PROCEDURE:

A. Instruction for the WIC Parent/Guardian or Caretaker

1. The parent/guardian or caretaker will be informed to report lost, stolen or damaged eWIC Benefit Cards by calling the toll-free number on the back of the benefit card or by notifying the local WIC clinic.

2. The parent/guardian or caretaker must be informed that replacement food benefits will not be issued if the eWIC benefits have expired.

B. Replacement of eWIC Benefit Cards

1. When a participant reports a lost, stolen or damaged eWIC Benefit Card to the local WIC clinic, the clinic staff will then deactivate the participant’s eWIC Benefit Card.

2. The participant must come to the clinic to receive the replacement card.

3. All unused benefits still remaining for the current month will be loaded to the new eWIC Benefit Card.

4. Benefits purchased by unauthorized users will not be replaced.

REFERENCES:

1. WIC Regulations 246.12, Food Delivery Systems 2. SFP 95-067, WIC Disaster Policy and Coordination 3. SFP 95-135, Revision to WIC Disaster Policy and Coordination 4. SFP 96-035, Revision of WIC Disaster Policy 5. SFP 96-042, Addition of Cross Reference to SFP 96-035

West Virginia WIC Policy & Procedure 3.09 Effective Date: 5/3/2022 3.09 Remotely Issuing Electronic Benefits and Mailing the Shopping List POLICY: Food benefits can be remotely issued to the eWIC card on a case-by-case basis, for certain appointment types and situations outlined below. Food benefits can only be issued to the eWIC card without the participant’s presence in the WIC clinic for initial and subsequent certification appointments with the required documentation from the participant’s healthcare provider, waiving their physical presence requirement (see Policy 2.01 Certification of WIC Participants). Note: The issuing WIC staff must confirm food benefits were issued correctly to ensure benefits were not under-issued or over-issued, and/or to protect against fraud. PROCEDURE: A. Remotely Issuing eWIC Benefits and Mailing the Shopping List to an Individual Participant or Family Staff may issue eWIC benefits without the participant’s, parent’s, guardian’s, or caretaker’s presence in clinic as outlined below: 1. Completion of a West Virginia (WV) WIC web-based nutrition education (JPMA WIC Smart) module (see policy 5.05 Nutrition Education Contacts and Documentation). a. The local WIC office must receive proof of completion of the WV WIC web-based nutrition education contact (see policy 5.05 Nutrition Education Contacts and Documentation); b. Staff must attempt to contact the participant, parent, guardian, or caretaker to verify the food package and to notify them that food benefits have been added to their eWIC benefit card. Staff must confirm contact information and the next appointment. c. Staff will document completion of the nutrition education contact in Crossroads and load benefits to the eWIC benefit card. Staff will sign their full name with the notation “NE” for “Nutrition Education”, as the reason for signing. d. Staff will offer to mail and/or email an appointment letter and their Shopping List to the participant, parent, guardian, or caretaker. i. If applicable, staff will encourage the downloading of the WIC Shopper App. 2. Completion of a one-on-one nutrition education contact via telephone (see policy 5.05 Nutrition Education Contacts and Documentation). a. Staff will attempt to verify the food package with the participant, parent, guardian, or caretaker. 1 of 4

West Virginia WIC Policy & Procedure 3.09 Effective Date: 5/3/2022 3.09 Remotely Issuing Electronic Benefits and Mailing the Shopping List b. Staff will document completion of the nutrition education contact in Crossroads and load benefits to the eWIC benefit card. Staff will sign their full name with the notation “NE” for “Nutrition Education”, as the reason for signing. c. Staff will offer to mail and/or email an appointment letter and their Shopping List to the participant, parent, guardian, or caretaker. i. If applicable, staff will encourage the downloading of the WIC Shopper App. 3. Minor food package changes that would not require the return of any contract infant formula, exempt infant formula or WIC-eligible nutritionals. a. Food package changes must be requested by the parent, guardian, or caretaker and prescribed by a Nutritionist/Nutrition Associate (CPA). b. Staff must attempt to contact the participant, parent, guardian, or caretaker to verify the food package and to notify them that food benefits have been added to their eWIC benefit card. c. Staff will load benefits to the eWIC benefit card. Staff will sign their full name with the notation “RBI” for “Remote Benefit Issuance”, as the reason for signing. d. Staff will offer to mail and/or email an appointment letter and their Shopping List to the participant, parent, guardian, or caretaker. i. If applicable, staff will encourage the downloading of the WIC Shopper App. 4. Other reasons that staff may issue eWIC benefits without the participant’s, parent’s, guardian’s, or caretaker’s presence in clinic include, but are not limited to: ● Physical disability or family with children with special health care needs ● Illness ● Imminent childbirth ● Quarantine, communicable disease, and/or immune disorder ● Inclement weather conditions ● Distance to travel, other travel challenges or transportation ● Education requirement met and participant will not be eligible for re-certification ● Participant unable to keep appointment which would result in missing an entire month of benefits a. The local WIC office must receive proof of completion of the WV WIC web-based nutrition education (JPMA WIC Smart) contact (see policy 5.05 Nutrition Education Contacts and Documentation); 2 of 4

West Virginia WIC Policy & Procedure 3.09 Effective Date: 5/3/2022 3.09 Remotely Issuing Electronic Benefits and Mailing the Shopping List b. Staff must attempt to contact the participant, parent, guardian, or caretaker to verify the food package and to notify them that food benefits have been added to their eWIC benefit card. Staff must confirm contact information and the next appointment. c. Staff will document completion of the nutrition education contact on Crossroads Nutrition Education Screen and load benefits to the eWIC benefit card. Staff will sign their full name with the notation “NE” for “Nutrition Education”, as the reason for signing. d. Staff will document completion of the mid-certification appointment and the reason the appointment and/or eWIC benefit issuance were completed remotely in the Crossroads Nutrition Care Plan. Staff will sign their full name with the notation “RBI” for “Remote Benefit Issuance”, as the reason for signing. e. Staff will offer to mail and/or email an appointment letter and their Shopping List to the participant, parent, guardian, or caretaker. i. If applicable, staff will encourage the downloading of the WIC Shopper App. B. Group Electronic Benefits Issuance 1. In situations where it is necessary for staff to do group electronic benefits issuance, one (1) month of benefits will be issued, and the appointment will be rescheduled. Justification for group benefit issuance includes, but is not limited to: a. Seasonally inclement weather or site closure; b. Extreme hardship that may be encountered by the target population; c. Event of a natural disaster, environmental hazard or destructive incident (i.e. gas line explosion, water main break); and d. Automated system failure, internet disruption or electrical problems that prohibit the issuance of food benefits on a given day. 2. Staff must attempt to contact the participant, parent, guardian, or caretaker to verify the food package and to notify them that food benefits have been added to their eWIC benefit card. 3. Staff will load benefits to the eWIC benefit card. Staff will sign their full name with the notation “RBI” for “Remote Benefit Issuance”, as the reason for signing. a. The Nutritionist/Nutrition Associate (CPA) will note the “Remote Benefit Issuance” reason in the Nutrition Care Plan. 4. Staff will offer to mail and/or email an appointment letter and their Shopping List to the participant, parent, guardian, or caretaker. 3 of 4

West Virginia WIC Policy & Procedure 3.09 Effective Date: 5/3/2022 3.09 Remotely Issuing Electronic Benefits and Mailing the Shopping List a. If applicable, staff will encourage the downloading of the WIC Shopper App. 5. Group food benefits issuance will be discontinued as soon as the reason for the group benefit issuance is resolved. C. Emailing Appointment Letters and/or Shopping Lists 1. When emailing the appointment letter and the Shopping List, the email shall contain the confidentiality notice and the USDA Nondiscrimination Statement: “This message, including any attachments, is for the sole use of the individual or entity named above. The message may contain confidential health and/or legally privileged information. If you are not the above-named recipient, you are hereby notified that any disclosure, copying, distribution, or action taken in reliance on the contents of this message is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy all copies of the original message”. “This institution is an equal opportunity provider.” 2. Staff will verify contact information in Crossroads before mailing and/or emailing appointment letters or the Shopping List. REFERENCES: 1. WIC Regulations 246.12, Food Delivery Systems 2. WIC Regulations 246.14, Program Costs 4 of 4

1 of 2 West Virginia WIC Policy & Procedure 3.11 Effective Date: 04/09/13

3.11

eWIC Card Holder

POLICY:

An eWIC Card Holder (FD-11) will be issued by the Local Agency to each WIC payee or participant as identification of the WIC payee or their proxy(ies) during WIC clinic visits and for eWIC benefit issuance and redemption.

PROCEDURE:

A. Issuance of the eWIC Card Holder (FD-11)

1. The eWIC Card Holder will be issued to the WIC participant at initial certification and continue to be valid for the duration of their participation in the WIC Program.

2. The number of eWIC Card Holders issued per payee will be according to the following:

• One (1) eWIC Card Holder will be issued to each payee. Therefore, if there is more than one member of a family on the WIC Program, only one eWIC Card Holder will be issued; or

• Since each foster child is considered to be a family of one (1), the payee will receive one eWIC Card Holder for each child in foster care status (see Policy 2.07, Certification of Foster Children).

• When children are returned to original payee after being in foster care, one (1) eWIC Benefit Card will be issued for all active participants. Children will be placed back under the original family identification number issued in the computer system (see Policy 2.07, Certification of Foster Children).

3. If the payee or proxy name should change during the certification period, a new eWIC Card Holder will be issued. The old eWIC Card Holder will be collected and destroyed.

4. If the eWIC Card Holder is no longer in usable condition, it will be collected and destroyed and a new eWIC Card Holder will be issued.

5. When a payee/proxy does not bring the eWIC Card Holder to an appointment, proper identification must be presented in order for services to be provided. Failure to present proper identification will result in the rescheduling of the appointment.

B. Information on the eWIC Card Holder (FD-11)

1. The signature line and the WIC identification number in the eWIC Card Holder provide the official WIC identification.

2. Inside the eWIC Card Holder are instructions for use of the eWIC Benefit Card.

2 of 2 West Virginia WIC Policy & Procedure 3.11 Effective Date: 04/09/13

3.11

eWIC Card Holder

3. WIC participant appointments may be written by WIC personnel on the eWIC Card Holder

4. The eWIC Benefit Card should be stored inside the eWIC Card Holder .

C. Instruction for the WIC Payee/Proxy

1. WIC personnel will verbally instruct the WIC payee/proxy during each certification appointment of the correct use of eWIC Benefit Cards, the WIC-Approved Food List (FD-09) and eWIC Card Holders (FD-11).

2. If the proxy is not present for instruction, it is the responsibility of the payee to inform the proxy of proper use.

West Virginia WIC Policy & Procedure 3.12 Effective Date: 10/16/2015 3.12 Parent/Guardian Two (2), Caretaker and Proxy Authorization

1 of 2 POLICY:

The Local Agency will permit the parent/guardian one (1) to authorize a parent/guardian two (2) and/or a caretaker to receive and/or redeem benefits and to attend certification and/or nutrition education appointments. The parent/guardian one (1) may designate up to two (2) proxies to receive and/or redeem benefits.

PROCEDURE:

A. Parent/Guardian Two (2)

1. The parent/guardian two (2) may be designated by the parent/guardian one (1). The parent/guardian two (2) must have custodial rights to the infant(s) and/or children in the record. However, proof of custodial rights is not required.

2. The parent/guardian two (2) will remain in the record until the parent/guardian one (1) requests removal from the record.

3. The parent/guardian two (2) may attend WIC appointments and/or nutrition education appointments with their infant(s) and/or children for the parent/guardian one (1). The parent/guardian two (2) may attend nutrition education appointments for the parent/guardian one (1).

4. WIC staff should verify any changes with the parent/guardian one (1) at each clinic visit.

B. Caretaker

1. The caretaker may be designated by the parent/guardian one (1).

2. The caretaker will remain in the record until the parent/guardian one (1) requests removal from the record.

3. The caretaker may attend WIC appointments and/or nutrition education for infant(s) and children in the record. The caretaker may attend nutrition education appointments for the parent/guardian one (1).

4. WIC staff should verify any changes with the parent/guardian one (1) at each clinic visit.

C. Proxy(ies)

1. Up to two (2) proxy(ies) may be designated by the parent/guardian one (1).

2. The proxy(ies) will remain in the record until the parent/guardian one (1)

West Virginia WIC Policy & Procedure 3.12 Effective Date: 10/16/2015 3.12 Parent/Guardian Two (2), Caretaker and Proxy Authorization

2 of 2 requests removal from the record. 3. The proxy(ies) may redeem benefits only, including eWIC benefits and Farmers’ Market vouchers.

4.

WIC staff should verify any changes with the parent/guardian one (1) at each clinic visit.

C. Instruction for the Parent/Guardian Two (2) and Caretaker

1. When the parent/guardian two (2) or caretaker is present for a certification appointment, WIC personnel will verbally instruct during each certification appointment of the correct use of eWIC benefits, the WIC-Approved Food List (FD-09) and the eWIC Benefit Card Holder (FD-11).

2. If the parent/guardian two (2) or the caretaker is not present for instruction, the parent/guardian one (1) will be instructed that it is their responsibility to inform the parent/guardian two (2) or the caretaker of proper eWIC benefit use.

3. Parent/Guardian Two (2) or caretaker will be responsible for reviewing and signing the Participant Agreement (WIC-05) when parent/guardian one (1) is not present.

C. Parent/Guardian Two (2) and Caretaker Responsibilities

1. In the absence of the parent/guardian one (1), the parent/guardian two (2) or caretaker must provide the parent/guardian one’s income and residency information and child’s medical/nutritional information during certification appointments.

2. In the absence of parent/guardian one (1), parent/guardian two (2) or caretaker will sign the Participant Agreement (WIC-05). It is the responsibility of parent/guardian one (1), parent/guardian (2) and caretaker to be informed of proper WIC benefit use, participant rights and responsibilities.

REFERENCES:

1. WIC Regulations 246.12, Food Delivery Systems

West Virginia WIC Policy & Procedure 3.14 Effective Date: 06/10/2013

3.14

eWIC Benefit Inventory

1 of 1 POLICY:

The Local Agency is responsible for verifying receipt of the eWIC Benefit Cards that are shipped to each permanent Local Agency WIC clinic by the State Agency.

PROCEDURE:

A. Request for eWIC Benefit Cards

1. The WIC clinic must order eWIC Benefit Cards through the DHHR (Department of Health and Human Resources) Warehouse, using the WIC order forms.

2. If the eWIC Benefit Cards are not received in 7-10 days, the clinic will contact the DHHR warehouse.

B. Receipt of eWIC Benefit Cards

eWIC Benefit Cards are to be stored in a secure area upon receipt.

C. Inventory of eWIC Benefit Cards

WIC clinic staff will conduct a monthly inspection of eWIC Benefit Cards available to ensure the presence of sufficient supply at each Local Agency WIC clinic.

REFERENCES:

1. STORC Users Guide VI, page 55-63

1 of 1 West Virginia WIC Policy & Procedure 3.15 Effective Date: 04/09/13

3.15

eWIC Benefits for the Breastfed Infant

POLICY:

eWIC Benefits must be generated in order for the fully breastfed infant to be counted as a WIC participant.

PROCEDURE:

A. Food package #3000 will be entered into the STORC Food Prescription Screen for infants who are fully breastfed.

B. “Breastfed is Bestfed” benefits will be generated by STORC for this infant. This benefit will not show on the Benefit Balance Receipt but will show on the FI history report.

C. The STORC system will automatically add cereal and infant foods(fruits, vegetables, and meats) at six months of age to the eWIC benefits. These benefits will show on the Benefit Balance Receipt when issued.

REFERENCES:

1. West Virginia Food Code Book

West Virginia WIC Policy & Procedure 3.16 Effective Date: 11/7/2024 3.16 Special Formula Distribution System POLICY: Special formula will be provided by the State contracted distribution center. The distribution center will ship requested special formula to either the Local Agency clinic or the participant’s home considering which one is more appropriate. DEFINITIONS: Out-of-Date Formula: Formula is considered out-of date on the first day of the month labeled as the expiration date. PROCEDURE: A. Local Agency Determination of Special Formula Need The Local Agency will determine:

Participant eligibility to receive special formula;

Quantity and type of special formula to be issued to the participant; < Review whether formula is to be issued to the EBT card or the CAP Warehouse from the Food Package Reference Guide;

Location to which special formula will be shipped. B. Local Agency Special Formula Order The Local Agency Staff will:

Order the CAP Warehouse order through the Formula wizard button on the Crossroads Food Issuance Screen;

Ensure the WIC 53 is completely filled out and that it has not expired;

Obtain the participant’s signature on all formula food benefits issued to the participant;

Determine if the formula is to be shipped directly to the client’s physical address or clinic;

Will scan the WIC-53 into Crossroads on the Food Prescription Screen. C. Special Formula Shipment to Participant’s Home 1. When formula is sent to participant’s home, the distribution center must have a physical address (not a Post Office Box). A physical address must be documented in Crossroads for that participant. For special formula only, a rural route and box number is permissible as a physical address in Crossroads. 2. Local Agency clinic staff should inform the participant when to expect delivery. This will normally be 2-4 business days after the order is placed. 3. The participant should be instructed that if the order is not received within five (5) business days, the Local Agency clinic should be contacted. The clinic will then contact the distribution center to trace the order. Do not give the distribution center phone number to the participants. 1 of 5

West Virginia WIC Policy & Procedure 3.16 Effective Date: 11/7/2024 3.16 Special Formula Distribution System 4. Instruct the participant that should the need for special formula change or be discontinued, they must immediately notify the Local Agency and return the unused portion of the discontinued formula before receiving food benefits for a new formula. 5. Unused returned formula must be entered into the Crossroads System Inventory and also recorded on the Formula Tracking Form. 6. Notify the participant that if formula is out-of-date when received from the warehouse, they should return it to the Local Agency clinic for replacement. D. Special Formula Shipment to Local Agency Clinic 1. The special formula will be delivered to the Local Agency clinic when it is not feasible to send it to the participant’s home. 2. The participant may either contact the clinic when the product is due in (normally 2-4 business days after the order is placed) prior to picking it up or have clinic staff call when the product has been received. 3. Instruct the participant that should the need for special formula change or be discontinued they must immediately notify the Local Agency and return the unused portion of the discontinued formula before receiving food benefits for a new formula. 4. Unused returned formula must be entered into the Crossroads System Inventory and also recorded on the Formula Tracking Form. E. Damaged/Broken or Out-Of-Date Formula 1. Call the distribution center before placing a request for replacement, (717)293-0187x0. 2. Client must return formula to the clinic for disposal and reissuance. Photographs maybe used for severely damaged formula that is not easily brought into the clinic. The returned formula must be entered on the Formula Tracking Sheet. 3. The WIC Help Desk must be called for replacement. They will replace the damaged formula thru Crossroads and make a family alert stating that the formula was replaced. 4. Once documentation is completed, the labels on the infant formula should be removed and destroyed. The damaged or out-of-date special formula must then be discarded/ destroyed. 5. The Distribution Center will also track damaged formula from the shipper to insure that double reporting does not occur. F. Replacement of Special Formula 1. Special formula will only be replaced for the following reasons: 2 of 5

West Virginia WIC Policy & Procedure 3.16 Effective Date: 11/7/2024 3.16 Special Formula Distribution System

If formula is changed by the physician (providing the participant supplies a Prescription Formula Documentation Form, WIC-53) between cycles. The participant must return any unused formula prior to replacement issuance.

If formula is damaged or out-of-date; or

Non-receipt of initial order. In this case the replacement order and all future orders must be sent to the clinic site. 2. Instruct the participant that should formula need to be replaced for any of the above reasons, they must notify the Local Agency and return unused formula to the local clinic before new formula can be ordered. This must be tracked on the Formula Tracking form and non-damaged and out-of-date formula must be entered into Crossroads inventory. 3. The clinic site must contact the WIC Help Desk for replacement. G. Usage of Returned Special Formula 1. Special formula that is returned by a participant or is not needed once received from the Distribution Center can be issued to another participant. The returned formula is to be entered into the inventory within Crossroads. 2. To issue the returned formula to another client, the clinic staff will issue the formula from inventory within Crossroads on the food issuance screen. If there is not enough to fill the entire month, the remainder can be ordered thru the warehouse through the formula wizard. 3. If the product will go out of date within ninety (90) days, or if usage of the formula at the Local Agency is considered unlikely, notify the Help Desk and they can assist in finding another area that the formula may be used. a. The Local Agency, with the formula (sending Agency), will arrange with the appropriate Local Agency, needing the formula (receiving Agency) to ship the formula to that Local Agency, clinic site, or participant. b. The sending Local Agency will contact the shipper and incur shipping costs. The State Agency may be invoiced for shipping cost incurred. c. The receiving site will issue a request to transfer the formula from the original site through Crossroads. If they are in a different Local Agency, contact the WIC Help Desk staff for assistance. 3 of 5

West Virginia WIC Policy & Procedure 3.16 Effective Date: 11/7/2024 3.16 Special Formula Distribution System H. Distribution Center Processing of Orders 1. The Distribution Center will determine if requested product is in stock. 2. Distribution Center processing deadline for a business day will be 2 PM. The Distribution Center will process and ship all requests received within one business day of receipt. 3. If the product is not currently available from the warehouse, the Local Agency will contact the West Virginia State WIC Office. If the West Virginia State WIC Office approves, they will approve the authorization to the Distribution center to purchase the product. The Distribution Center staff will special order the product from the manufacturer, in a quantity equal to two (2) times the requested order. Special shipping will be authorized to expedite this process. The Local Agency clinic site which ordered the product will be notified by telephone of the expected arrival date. 3. If the product is normally stocked by the Distribution Center but is temporarily out of stock, the Distribution Center staff will research when and if the product has been ordered from the manufacturer. a. If the product has not been ordered, it will be ordered from the manufacturer. b. If the product has been ordered and is due in, the Distribution Center staff will contact the manufacturer for an expected delivery date and then notify the Local Agency clinic. c. If under any circumstances a special formula is determined to be out of stock from the manufacturer, the Distribution Center staff will notify the Local Agency clinic as soon as possible that the product is out of stock and when it is expected to become available from the manufacturer. I. Distribution Center Processing of Non-receipt of Shipped Special Formula 1. When the Distribution Center is notified by the Local Agency clinic of non-receipt of formula, the Distribution Center will pull the shipping information and trace the shipment through the carrier. The Local Agency clinic will be notified of the status of the order as reshipment must be sent to them, not the participant. 2. The Distribution Center will reconcile the original shipment with the shipper either through reimbursement, if the shipment was lost, or return of the shipment, if held for contact by participant due to unsuccessful delivery attempt. 3. The WIC Help Desk Staff will assist the clinic in reordering the formula. 4. If there are more than one instance of lost or stolen packages, the participant will be required to pick up their formula at the clinic. 4 of 5

West Virginia WIC Policy & Procedure 3.16 Effective Date: 11/7/2024 3.16 Special Formula Distribution System J. Maintenance of Documentation 1. The Local Agency clinic will maintain a copy of the Formula Tracking Log, 2. The WIC Help Desk will keep a record of all formula replacements due to damaged, out-of-date formula and lost orders. 3. The Distribution Center will maintain the following documentation:

All formula orders to the manufacturers;

All shipping receipt documents from the manufacturers;

All shipping information for shipments of formula sent by Distribution Center. K. State Agency Responsibilities 1. The Distribution Center staff will be made aware of any problems or concerns relating to the operations of the special formula Distribution Center. 2. The State Agency will maintain a special designation for the Distribution Center which will allow processing of the CAP Warehouse Payments. L. Reconciliation 1. Payment records must be reconciled with issuance files on a weekly basis. 2. Pending orders will be processed and received twice weekly. 3. Clients are required to report lost or stolen food items within 5 days of issuance. REFERENCES: 1. Pennsylvania Department of Health, WIC Policy and Procedure Number 4.05, effective 2022. 2. Prescription Formula Documentation Form (WIC-53) ATTACHMENTS: 1. Special Formula Warehouse Order Tracking Form. 5 of 5

West Virginia WIC Policy & Procedure 4.01 Effective Date: 03/30/2026 4.01 West Virginia WIC-Approved Food List

POLICY: The State and Local Agencies must comply with the prescribed requirements for providing supplemental foods to participants. The West Virginia (WV) WIC-Approved Food List will be distributed to Local Agencies and vendors prior to implementation. PROCEDURE: A. State Agency Responsibilities 1. The State Agency, via a Food Product Review Committee, will develop and maintain one standard statewide food list which will be reviewed no more than every two (2) years. 2. The Food Product Review Committee will establish a State Criteria in addition to the minimum Federal Requirements. The Criteria is based on the following: a. Current Federal Regulations b. Current Rebate Contract(s) c. Changes in the type and nutrient level of foods authorized by the Program d. Applications submitted by manufacturers requesting approval of new or existing products e. Product recalls or product discontinuation 3. The Food Product Review Committee will update the WV WIC-Approved Food List using the state defined criteria. 4. The State Agency may opt to not allow specific food items from the WV WIC-Approved Food List which meet Federal Regulations but do not meet the established State Criteria. a. The State Agency may not selectively choose which eligible fruits and vegetables are available to participants. 5. The State Agency will send all WIC approved vendors a copy of the revised WV WIC-Approved Food List with a memorandum explaining revisions prior to implementation. Note: Upon authorization, WIC-approved vendors receive training on all vendor-related aspects of the WIC Program, including the WV WIC-Approved Food List (see Policy 8.10 Vendor Training). B. Local Agency 1. The Local Agency shall provide all participants, parent/guardian(s) and/or caretakers the revised WV WIC-Approved Food List implementation and issuance of package(s).

1

West Virginia WIC Policy & Procedure 4.01 Effective Date: 03/30/2026 4.01 West Virginia WIC-Approved Food List

2. The WV WIC-Approved Food List is available as a hard copy booklet and electronically, on the WV WIC website (https://dhhr.wv.gov/wic/Pages/default.aspx) and on the WIC Shopper App.

3. The Local Agency must review the WV WIC-Approved Food List revisions with

each participant, parent/guardian and/or caretaker at their first available appointment following implementation of the effective WV WIC-Approved Food List(s) appropriate to their package(s). C. Use of the WV WIC-Approved Food List 1. The Local Agency must provide instruction for the WV WIC-Approved Food List and the use of the eWIC benefit card to all new participants, parents/guardians and/or caretakers. 2. The WV WIC-Approved Food List is available as a hard copy booklet and electronically, on the WV WIC website (https://dhhr.wv.gov/wic/Pages/default.aspx) and on the WIC Shopper App. 3. The Local Agency must advise participants, parents/guardians and/or caretakers that supplemental foods issued are only for the participant’s personal use. REFERENCES: 1. WIC Regulations 7 CFR 246.10, Supplemental Foods 2. Criteria for the WV WIC Program Food List, Effective March 30, 2026 3. USDA Nutrition Services Standards, Standard 12, WIC Food Selection and Authorization 4. USDA WIC Food Package Policy and Guidance, March 2018, Chapter - Food Vendor 5. USDA WIC Food Package Policy and Guidance, March 2018, Chapter - State Approved Food Lists and Participant Food Cards/Pamphlets

2

West Virginia WIC Policy & Procedure 4.02 Effective Date: 03/30/2026

4.02 Standard Contract Infant Formula

POLICY: The West Virginia WIC Program has a contract with an infant formula company to be reimbursed for the issuance of standard milk-based formula, standard soy-based formula, and standard milk-based formula without lactose through an infant feeding rebate system. All other standard infant formulas exempt infant formulas, WIC-eligible nutritionals and supplemental foods are considered non-contract. Note: Formula is considered out-of-date on the first day of the month labeled as the expiration date. PROCEDURE: A. Standard Contract Infant Formula 1. Only a Competent Professional Authority (CPA) is authorized to prescribe supplemental foods in quantities that meet the maximum monthly allowance (MMA) and are appropriate for the participant, taking into consideration the participant’s age and nutritional needs. 2. Standard contract infant formulas that are provided through the West Virginia WIC Program are: a. Similac Advance OptiGrow b. Similac Soy Isomil c. Similac Sensitive for Fussiness & Gas d. Similac Gentle Comfort Note: Similac Pro Advance, Similac Pro Sensitive, Similac 360 Total Care and Similac Pro Total Comfort cannot be issued to West Virginia WIC Program participants. 3. CPAs must issue all WIC formulas in concentrated liquid or powder physical forms. a. Ready-to-feed (RTF) formulas can be authorized when the Nutritionist (CPA) determines necessary (see Policy 4.03 Ready-to-Feed). 4. The CPA can issue standard contract infant formula to certified infants without the use of the Prescription Formula Form (WIC-53). B. Formula Issuance 1. Standard contract infant formula will be issued and will continue through the month of the infant’s first birthday. 2. The parent/guardian or caretaker can request a formula change to a different standard contract infant formula.