[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR246.6]



[Page 325-326]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 246_SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND 

CHILDREN--Table of Contents

 

              Subpart B_State and Local Agency Eligibility

 

Sec. 246.6  Agreements with local agencies.



    (a) Signed written agreements. The State agency shall enter into a 

signed written agreement with each local agency, including subdivisions 

of the State agency, which sets forth the local agency's 

responsibilities for Program operations as prescribed in this part. 

Copies of the agreement shall be kept on file at both the State and 

local agencies for purposes of review and audit in accordance with 

Sec. Sec. 246.19 and 246.20. Neither the State agency nor the local 

agency has an obligation to renew the agreement. The expiration of an 

agreement is not subject to appeal. The State agency shall provide local 

agencies with advance written notice of the expiration of an agreement 

as required under Sec. Sec. 246.5(e)(3)(ii) and 246.18(b)(1).

    (b) Provisions of agreement. The agreement between the State agency 

and each local agency shall ensure that the local agency--

    (1) Complies with all the fiscal and operational requirements 

prescribed by the State agency pursuant to this part, 7 CFR part 3016, 

the debarment and suspension requirements of 7 CFR part 3017, if 

applicable, the lobbying restrictions of 7 CFR part 3018, and FNS 

guidelines and instructions, and provides on a timely basis to the State 

agency all required information regarding fiscal and Program 

information;

    (2) Has a competent professional authority on the staff of the local 

agency and the capabilities necessary to perform the certification 

procedures;

    (3) Makes available appropriate health services to participants and 

informs applicants of the health services which are available;

    (4) Prohibits smoking in the space used to carry out the WIC Program 

during the time any aspect of WIC services are performed;

    (5) 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;

    (6) Provides nutrition education services to participants, in 

compliance with Sec. 246.11 and FNS guidelines and instructions;

    (7) Implements a food delivery system prescribed by the State agency 

pursuant to Sec. 246.12 and approved by FNS;

    (8) Maintains complete, accurate, documented and current accounting 

of all Program funds received and expended;

    (9) Maintains on file and has available for review, audit, and 

evaluation



[[Page 326]]



all criteria used for certification, including information on the area 

served, income standards used, and specific criteria used to determine 

nutritional risk; and

    (10) 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.

    (c) Indian agencies. Each Indian State agency shall ensure that all 

local agencies under its jurisdiction serve primarily Indian 

populations.

    (d) Health and human service agencies. When a health agency and a 

human service agency comprise the local agency, both agencies shall 

together meet all the requirements of this part and shall enter into a 

written agreement which outlines all Program responsibilities of each 

agency. The agreement shall be approved by the State agency during the 

application process and shall be on file at both the State and local 

agency. No Program funds shall be used to reimburse the health agency 

for the health services provided. However, costs of certification borne 

by the health agency may be reimbursed.

    (e) Health or human service agencies and private physicians. When a 

health or human service agency and private physician(s) comprise the 

local agency, all parties shall together meet all of the requirements of 

this part and shall enter into a written agreement which outlines the 

inter-related Program responsibilities between the physician(s) and the 

local agency. The agreement shall be approved by the State agency during 

the application process and shall be on file at both agencies. The local 

agency shall advise the State agency on its application of the name(s) 

and address(es) of the private physician(s) participating and obtain 

State agency approval of the written agreement. A competent professional 

authority on the staff of the health or human service agency shall be 

responsible for the certification of participants. No Program funds 

shall be used to reimburse the private physician(s) for the health 

services provided. However, costs of certification data provided by the 

physician(s) may be reimbursed.

    (f) Outreach/Certification In Hospitals. The State agency shall 

ensure that each local agency operating the program within a hospital 

and/or that has a cooperative arrangement with a hospital:

    (1) Advises potentially eligible individuals that receive inpatient 

or outpatient prenatal, maternity, or postpartum services, or that 

accompany a child under the age of 5 who receives well-child services, 

of the availability of program services; and

    (2) To the extent feasible, provides an opportunity for individuals 

who may be eligible to be certified within the hospital for 

participation in the WIC Program.



[50 FR 6121, Feb. 13, 1985, as amended at 59 FR 11500, Mar. 11, 1994; 63 

FR 63974, Nov. 18, 1998]