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Agreement for WIC Dual Participation Detection and Prevention between Kentucky and West Virginia WIC Programs Consistent with the intent of $246.7(1) of the USDA-FNS WIC Regulations, the Kentucky WIC Program and the West Virginia WIC Program are entering into this Memorandum of Understanding (MOU) for the purpose of detecting and preventing dual participation between the participants of both WIC Programs. Responsibilities of the programs include: 1. Local WIC staff operating clinics in contiguous local service.areas located across state agency borders agrees to contact the neighboring state WIC office or the bordering WIC clinic when a participant is suspected to be participating in the WIC Programs of both states. 2. If dual participation is found to occur, $246.7(1) specifies the following action be taken: a. The participant(s) found committing dual participation shall be terminated from one of the Programs immediately. §246.7(1)(3) b. Where intentional misrepresentation is involved, the state WIC office or the bordering WIC clinic will: Establish a claim against the participant for the full value of benefits received. ($ 246.7 (1) (4) and $246.23(c) (1)) Disqualify participant(s) from participation in both programs for one year unless exceptions stated in $246.12(~)(2) apply. ($246.7(1)(4) and $246.1 2(u)(2)) $246.12(~)(2) states that disqualification may be waived for infants, children and those participants under age eighteen, if the StatelLocaI Agency approves the designation of a proxy and the competent professional authority determines that a serious health risk may result from Program disqualification. Warning may be given prior to the imposition of state sanctions. Participant(s) shall be advised of the procedures to follow to obtain a fair hearing pursuant to S246.9. This agreement shall remain valid from the effective date of the agreement until canceled or terminated by mutual consent, for cause or default, or for convenience by either party. The party desiring to terminate or cancel must give written notice of their intention thirty (30) days prior to the date of the cancellation or termination, setting forth the reasons and conditions of said termination. Kentucky WIC Program West Virginia WIC Program Fran Hawkins, MS, RD, LD Branch Manager, Nutrition Services a== a&-.- ,&A&/// Signature Date