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PA Bulletin, Doc. No. 06-1978

NOTICES

Special Supplemental Nutrition Program for Women, Infants and Children (WIC Program); Pennsylvania WIC Store Peer Group System

[36 Pa.B. 6167]
[Saturday, October 7, 2006]

   Under Federal law, the Pennsylvania WIC Program (Program) is required to establish a store peer group system and additional cost containment provisions. See 7 CFR 246.4 and 246.12 (relating to state plan; and food delivery service). The Program has been working with the Unites Stated Department of Agriculture, Food Nutrition Service (USDA-FNS) to develop the Pennsylvania WIC Store Peer Group System and recently received certification from USDA-FNS of this system under 7 CFR 246.4 and 246.12. Accordingly, beginning October 1, 2006, all WIC authorized stores, and stores seeking WIC authorization or reauthorization, must adhere to the following requirements to remain in compliance with State and Federal law. See 28 Pa. Code § 1105.3(a)(1) (relating to terms and conditions of participation).

   The Program will separate stores into one of six distinct ''peer groups.'' These peer groups have been developed in accordance with 7 CFR 246.12(g)(4)(ii). The Commonwealth has elected to create peer groups based on geography, store size, number of stores owned and number of registers in each store.

   A store will be required to maintain WIC food prices and inventories within the parameters set for the store's peer group. New Maximum Allowable Prices and Competitive Prices for the six peer groups will be published in the Pennsylvania Bulletin and individually provided to each store.

   Under 28 Pa. Code § 1105.2 (relating to price adjustment), the Program will require store to reimburse the Program for any overpayments. Furthermore, all stores will be required to maintain the minimum inventory of the WIC food items on the competitive price list at, or below, the competitive prices listed for the store's peer group to receive or maintain authorization or reauthorization as a WIC store. Failure to comply with these requirements, or other requirements in the State or Federal regulations, could be cause for the Program to deny authorization or reauthorization to a store or to disqualify or terminate a WIC authorized store.

   The Pennsylvania WIC store peer groups, with qualifying criteria, are as follows:

Peer Group Description
Type 1--Regular
Cost Counties 		Retail stores that are greater than 10,000 square feet in store size and the owner owns more than one retail store.
Type 2--Regular
Cost Counties 		Retail stores that are greater than 10,000 square feet in store size and the owner owns only one retail store.
Type 3--Regular
Cost Counties 		Retail stores that are less than 10,000 square feet in store size and they have less than four cash registers.
Type 1--High
Cost Counties 		Retail stores located in Allegheny, Dauphin, Lackawanna, Luzerne, Lycoming or Philadelphia Counties that are greater than 10,000 square feet in store size and the owner owns more than one retail store.
Type 2--High
Cost Counties 		Retail stores located in Allegheny, Dauphin, Lackawanna, Luzerne, Lycoming or Philadelphia Counties that are greater than 10,000 square feet in store size and the owner owns only one retail store.
Type 3--High
Cost Counties 		Retail stores located in Allegheny, Dauphin, Lackawanna, Luzerne, Lycoming or Philadelphia Counties that are less than 10,000 square feet and they have less than four cash registers.

   The store will be individually notified by the Program of the peer group applicable to the store. Under 7 CFR 246.18(a)(1)(iii)(B) (relating to administrative review of State agency actions), the Program may not provide review of the validity or appropriateness of the Pennsylvania peer group system criteria.

   Persons with a disability who require an alternative format of this notice (for example, large print, audiotape, Braille) should contact Chris Harr, Department of Health, Division of Women, Infants and Children, Room 604 Health and Welfare Building, 7th and Forster Streets, Harrisburg, PA 17120 or for speech and/or hearing impaired persons, V/TT (717) 783-6514 or the Pennsylvania AT&T Relay Services at (800) 654-5984.

CALVIN B. JOHNSON, M. D., M.P.H.,   
Secretary

[Pa.B. Doc. No. 06-1978. Filed for public inspection October 6, 2006, 9:00 a.m.]


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