Regular Session 2021-2022 Senate Bill 0967 P.N. 1771

PRIOR PRINTER'S NO. 1266

PRINTER'S NO. 1771

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

967

Session of

2021

INTRODUCED BY SCHWANK, BROOKS, HUGHES, MENSCH, FONTANA, COSTA,

KEARNEY, SANTARSIERO, COMITTA, STREET, BAKER, CAPPELLETTI AND

COLLETT, DECEMBER 10, 2021

AS AMENDED ON THIRD CONSIDERATION, JUNE 15, 2022

AN ACT

Establishing the Women, Infants and Children State Advisory

Board.

The General Assembly finds and declares as follows:

(1) The Commonwealth intends to maximize the Federal

funding available for the Pennsylvania Special Supplemental

Nutrition Program for Women, Infants and Children by

maximizing PARTICIPATION AND enrollment in the program in

order to support healthier pregnancies and births and

improved health in children in our Commonwealth and

coordinate, MATERNAL OUTCOMES, BIRTHS AND BIRTH OUTCOMES,

IMPROVING HEALTH IN PREGNANT WOMEN, POSTPARTUM WOMEN,

CHILDREN AND INFANTS IN THIS COMMONWEALTH AND COORDINATING

WITH other programs that support women, infants and children.

(2) Immediate action is needed to halt the steady

decline in WIC PARTICIPATION AND enrollment and the resultant

decrease in Federal funding and nutritional assistance for

Pennsylvania's lower-income women, infants and children, by

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increased INCREASING THE use of technology, AND

administrative organization, AND BY greater transparency in

operation and use of Federal funding.

(3) It is necessary to steadily increase PARTICIPATION

AND enrollment in programs that support women, infants and

children, eliminate enrollment barriers, coordinate and

connect with related programs and maximize technology to

improve maternal and infant birth outcomes and the health of

children eligible for participation in the program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the WIC State

Advisory Board Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board." The Women, Infants and Children State Advisory

Board established in section 3.

"Department." The Department of Health of the Commonwealth.

"SNAP." Supplemental Nutrition Assistance Program.

"ENROLLMENT." THE NUMBER OF ACTIVE WIC PARTICIPANTS WHO ARE

ELIGIBLE TO RECEIVE FOOD BENEFITS.

"FOOD INSTRUMENT." A VOUCHER, CHECK, ELECTRONIC BENEFITS

TRANSFER (EBT) CARD, COUPON OR OTHER DOCUMENT THAT IS USED BY A

PARTICIPANT TO OBTAIN SUPPLEMENTAL FOODS.

"PARTICIPATION." THE NUMBER OF INDIVIDUALS WHO HAVE RECEIVED

WIC FOOD BENEFITS ON A FOOD INSTRUMENT.

"WIC." The Pennsylvania Special Supplemental Nutrition

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Program for Women, Infants and Children.

Section 3. Establishment.

The Women, Infants and Children State Advisory Board is

established in the department.

Section 4. Duties TOPICS.

(a) Advising.--The board shall advise the department and

other agencies providing nutrition services in health care to

lower-income and other eligible women and children in this

Commonwealth on the following topics:

(1) On the THE operation of the programs, to:

(i) Increase enrollment and utilization of the

programs, including:

(A) A study on the feasibility to implement a

memorandum of understanding with the Department of

Human Services to streamline the enrollment process

for eligible participants who are applying for SNAP

or medical assistance.

(B) Utilizing the COMPASS app to apply for

health and human services programs and manage benefit

information. PROGRAMS.

(ii) Improve the quality of services to support

connections between WIC and comprehensive services to

address the social, health, educational and other needs

of pregnant individuals, mothers, infants and toddlers

CHILDREN.

(2) To develop an annual plan for outreach, including

targeted outreach to immigrants and other underserved

populations, and to increase enrollment by promoting outreach

and enrollment in each region through public-private

partnerships.

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(3) To advise on technology improvements and

enhancements to be made using the American Rescue Plan Act of

2021 (Public Law 117-2, 135 Stat. 4) funds, including:

(i) Using a smart card that allows remote loading

and increased capacity for additional benefits.

(ii) Developing online appointment scheduling.

(iii) Maximizing innovations in telehealth to reduce

the need for in-person office visits.

(iv) Easing the ability to do online purchasing of

WIC benefits.

(v) Providing seamless enrollment and data sharing

between the department and the Department of Human

Services.

(vi) Developing the ability to obtain weight and

height measurements from a primary care physician through

telehealth.

(vii) Maximizing the use of text messaging to

participants on an individual and group basis.

(viii) Other technology and data improvements to

provide a more consumer-centered administration of the

Pennsylvania Special Supplemental Nutrition Program for

Women, Infants and Children.

(ix) Streamlining eligibility by using technology to

verify income and other requirements.

(4) On coordination and collation of services, to

improve efficiency and effectiveness of those services.

(5) On planned policy, administrative changes and budget

requests, to obtain input from the board prior to

implementation.

(b) Duties.--The board shall have the following duties:

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OUTREACH INITIATIVES TO INCREASE PARTICIPATION AND ENROLLMENT IN

THE PROGRAM, INCLUDING ANY UNDERSERVED POPULATIONS.

(3) TECHNOLOGY IMPROVEMENTS OR ENHANCEMENTS FOR PROGRAM

OPERATIONS, EFFICACY AND EFFICIENCY, INCLUDING:

(I) INCORPORATING THE USE OF TECHNOLOGY AND

MODERNIZATION TOOLS THAT REMOVE BARRIERS FOR PROGRAM

PARTICIPANTS, INCLUDING THE POTENTIAL TO LOAD BENEFITS

REMOTELY AND PURCHASE WIC BENEFITS ONLINE.

(II) DEVELOPING AND MAXIMIZING THE USE OF TELEHEALTH

TECHNOLOGY FOR THE INCREASED CONVENIENCE OF PROGRAM

PARTICIPANTS.

(III) COORDINATING AND COLLATING SERVICES TO IMPROVE

EFFICIENCY AND EFFECTIVENESS OF THOSE SERVICES.

(B) OTHER TOPICS.--THE BOARD MAY ADVISE THE DEPARTMENT ON

OTHER TOPICS BEARING ON THE PROGRAM.

SECTION 5. DUTIES.

(A) BOARD DUTIES.--THE BOARD SHALL HAVE THE FOLLOWING

DUTIES:

(1) Review current aggregate data on WIC eligibility and

PARTICIPATION AND enrollment at the regional STATE level from

the department and the Department of Human Services.

(2) Set outcome goals for enrollment and retention to

collectively take action through public-private partnerships

to address improvement opportunities.

(3) Develop an annual action plan for the department and

the Department of Human Services.

(4) (2) Become familiar with the WIC Policy Manual and

WIC State plan to ensure all members are aware of the current

efforts.

(5) Research (3) ADVISE ON best practices that are used

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in other states.

(6) Consult with agencies on what stakeholders could do

to promote outreach, enrollment and connection to

comprehensive services.

(7) Develop or disseminate outreach and educational

materials to reduce the stigma around WIC.

(8) Coordinate a cohesive group across this Commonwealth

to promote WIC across many channels and organizations that

work with potential WIC participants to create a unified

message.

(9) Serve as a leverage point for ongoing initiatives

benefiting women, infants and children.

(4) CONSULT WITH ORGANIZATIONS AND OTHER AGENCIES THAT

WORK WITH WIC PARTICIPANTS IN FULFILLING DUTIES UNDER THIS

ACT.

(5) ADVISE THE DEPARTMENT ON THE TOPICS ENUMERATED IN

SECTION 4.

Section 5 6. Membership and meetings.

(a) Membership.--The board shall consist of the following

members:

(1) Ex officio members.--The following individuals shall

be ex officio members of the board:

(i) The Secretary of Health or a designee WHO SHALL

BE AN EMPLOYEE OF THE DEPARTMENT.

(ii) The Secretary of Human Services or a designee.

(iii) The Director of WIC or a designee.

(2) Members of the board shall include one

representative from each of the following:

(i) A regional health care provider serving women,

infants and children.

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(ii) An obstetrician.

(iii) A pediatrician.

(iv) A licensed dietician.

(v) A representative of a retail grocery store chain

contracted with the Commonwealth to provide online sales.

(vi) A WIC program provider agency representative

from each of the six regions as designated by the

Commonwealth or national association of WIC agency

providers.

(vii) A consumer advocate with expertise in

federally funded nutritional programs.

(b) Additional members.--The board may at any time make

additional appointments to the board that may be necessary to

carry out its duties.

annual basis by the secretary of the department for a term not

to exceed three consecutive years.

(II) THE DIRECTOR OF WIC OR A DESIGNEE WHO SHALL BE

AN EMPLOYEE OF THE DEPARTMENT WITH SPECIALIZED KNOWLEDGE

OF WIC.

(III) TWO SUBJECT MATTER EXPERTS, AS DETERMINED BY

THE SECRETARY OF HEALTH OR A DESIGNEE.

(2) REMAINING MEMBERS OF THE BOARD SHALL INCLUDE THE

NUMBER OF REPRESENTATIVES FROM EACH OF THE FOLLOWING

CATEGORIES AS INDICATED, FOR A TOTAL OF 14 REMAINING MEMBERS:

(I) TWO MEDICAL PROFESSIONALS WITH EXPERTISE IN

SERVING WOMEN AND CHILDREN FROM UNDERSERVED POPULATIONS.

(II) TWO ADVOCATES FOCUSED ON ADDRESSING FOOD

INSECURITY.

(III) TWO CHILD OR MATERNAL ADVOCATES.

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(IV) THREE WIC PARTICIPANTS, EACH REPRESENTING A

DIFFERENT REGION OF THIS COMMONWEALTH.

(V) ONE REPRESENTATIVE FROM TWO DIFFERENT WIC-

AUTHORIZED STORES OR REPRESENTATIVES OR DESIGNEES OF WIC-

AUTHORIZED STORES, FOR A TOTAL OF TWO, WITH PREFERENCE

BEING FOR ONE REPRESENTATIVE FROM A STORE LOCATED IN AN

URBAN AREA AND ONE REPRESENTATIVE FROM A STORE LOCATED IN

A RURAL AREA, AS DETERMINED BY THE SECRETARY OF HEALTH.

(VI) ONE REPRESENTATIVE FROM EACH OF THREE DIFFERENT

WIC LOCAL AGENCIES, FOR A TOTAL OF THREE REPRESENTATIVES,

EACH REPRESENTING A DIFFERENT REGION OF THIS

COMMONWEALTH.

(B) CHAIR.--THE SECRETARY OF HEALTH SHALL SERVE AS CHAIR OF

THE BOARD. THE FOLLOWING APPLY:

(1) AT THE FIRST BOARD MEETING, BOARD MEMBERS SHALL

SELF-SELECT A VICE CHAIR AND SECRETARY.

(2) THE VICE CHAIR SHALL ASSIST IN THE AGENDA CREATION

AND MEETING ORGANIZATION.

(3) THE SECRETARY OF HEALTH SHALL SELECT A BOARD MEMBER

TO FILL THE VICE CHAIR'S OBLIGATIONS IN THE VICE CHAIR'S

ABSENCE.

(4) THE SECRETARY OF THE BOARD SHALL CAPTURE AND

DISTRIBUTE MEETING MINUTES.

CONSTITUTE A QUORUM.

(D) VOTING.--ONLY BOARD MEMBERS UNDER SECTION 6(A)(2) SHALL

HAVE VOTING RIGHTS. THE VOTE OF THE MAJORITY OF THE QUORUM OF

BOARD MEMBERS SHALL PREVAIL.

(E) APPOINTMENT AND TERMS.--

(1) THE SECRETARY OF HEALTH SHALL APPOINT MEMBERS OF THE

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BOARD UNDER SECTION 6(A)(2) FOR STAGGERED THREE-YEAR TERMS,

AS DETERMINED BY THE SECRETARY OF HEALTH, FOR A TERM NOT TO

EXCEED THREE CONSECUTIVE YEARS.

(2) A BOARD MEMBER WHOSE TERM HAS EXPIRED SHALL CONTINUE

AS A MEMBER OF THE BOARD UNTIL A REPLACEMENT HAS BEEN

APPOINTED. THE MEMBER SHALL HAVE FULL VOTING RIGHTS AND COUNT

FOR PURPOSES OF ESTABLISHING A QUORUM. HOWEVER, IN NO EVENT

SHALL THE MEMBER CONTINUE TO SERVE ON THE BOARD BEYOND SIX

MONTHS FROM THE DATE OF TERM EXPIRATION.

(3) EX OFFICIO MEMBERS OR THEIR DESIGNEES SHALL SERVE SO

LONG AS THE OFFICIAL CONTINUES TO SERVE IN AN OFFICIAL

POSITION.

(d) (F) Vacancies.--Vacancies in the membership of the board

shall be filled WITHIN 45 DAYS OF THE VACANCY in the same manner

as provided for the original appointments.

(e) (G) Staffing.--The board shall be staffed in

collaboration with individuals from:

(1) The department.

(2) The Department of Human Services.

(3) SNAP. THE DEPARTMENT.

(f) (H) Subcommittees.--The board may at any time create

subcommittees of the board members to carry out specific tasks

or research. Subcommittees are to be created on an ad hoc basis

and are not to replace or interfere with the efforts of the

board.

(g) (I) Meetings.--The board shall meet in accordance with

the following:

(1) Members shall meet no less than 10 FEWER THAN FOUR

times per year., ON A QUARTERLY BASIS. HOWEVER, THE BOARD

SHALL MEET EVERY MONTH FOR THE FIRST SIX MONTHS AFTER THE

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ESTABLISHMENT OF THE BOARD. THEREAFTER, FOR THE REMAINDER OF

THAT FIRST YEAR, THE BOARD SHALL MEET ON A QUARTERLY BASIS.

(2) The agenda for each meeting and all meeting minutes

shall be posted to the department's publicly accessible

Internet website.

(3) Meetings shall comply with the following:

(i) The act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(ii) 65 Pa.C.S. Ch. 7 (relating to open meetings).

SECTION 7. COMPENSATION AND REIMBURSEMENT.

BOARD MEMBERS SHALL NOT BE ENTITLED TO COMPENSATION FOR THEIR

SERVICES AS BOARD MEMBERS. HOWEVER, BOARD MEMBERS SHALL BE

ENTITLED TO REIMBURSEMENT IN ACCORDANCE WITH COMMONWEALTH

GUIDELINES FOR REASONABLE TRAVEL, LODGING AND OTHER NECESSARY

EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS BOARD

MEMBERS.

SECTION 8. CONFLICT OF INTEREST.

BOARD MEMBERS SHALL RECUSE THEMSELVES FROM DISCUSSIONS AND

ACTIONS IF A CONFLICT OF INTEREST MAY EXIST.

Section 6 9. Effective date.

This act shall take effect in 60 days.

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