Section 410 IAC 3.6-3-9 - Inadequate participant accessAuthority: IC 16-19-3-5; IC 16-35-1.5-6
Affected: IC 16-19-3-5
Sec. 9.
(a) The department may consider whether there is inadequate participant access when considering whether to grant or deny authorization or reauthorization.(b) The department shall also consider whether there is inadequate participant access when deciding whether to impose a civil money penalty in lieu of disqualification under 410 IAC 3.6-4.(c) There is inadequate participant access if: (1) a vendor: (A) has closed, withdrawn, or relocated farther than three (3) miles from its authorized location; and(B) was redeeming more than forty (40) food instruments per month and one percent (1%) of the county's food instruments or one hundred fifty (150) food instruments per month with no minimum percentage;(2) a pharmacy vendor has closed, withdrawn, or relocated farther than three (3) miles from its authorized location;(3) a vendor: (A) has been disqualified for at least one (1) year in the WIC service area; and(B) was redeeming more than forty (40) food instruments per month and one percent (1%) of the county's food instruments or one hundred fifty (150) food instruments per month with no minimum percentage;(4) the number of food instruments redeemed in the WIC service area has increased by ten percent (10%) in the preceding quarter; or(5) there is a hardship for a significant WIC population in an area that is not served by an authorized vendor.Indiana State Department of Health; 410 IAC 3.6-3-9; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2992; readopted filed Jul 12, 2012, 12:09 p.m.: 20120808-IR-410120265RFAReadopted filed 9/26/2018, 2:48 p.m.: 20181024-IR-410180328RFA