902 Ky. Admin. Regs. 18:021

Current through Register Vol. 51, No. 6, December 1, 2024

Section 902 KAR 18:021 - Eligibility, certification periods, and time frames for processing applicants

RELATES TO: 194A.050, 194A.505, 194A.990, 7 C.F.R. Part 246, 278.6, 21 U.S.C. 802

NECESSITY, FUNCTION, AND CONFORMITY: 42 U.S.C. 1786 and 7 C.F.R. Part 246 provide for grants for state operation of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). KRS 194A.050(1) authorizes the Cabinet for Health and Family Services to promulgate administrative regulations as necessary to qualify for the receipt of federal funds. This administrative regulation establishes the application and participation process for participants of the Kentucky Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

Section 1. Eligibility. To be certified as eligible to participate in the WIC program, a person shall:

(1) Be categorically eligible as follows:

(a) A pregnant woman;

(b) A postpartum woman, up to six (6) months after termination of pregnancy;

(c) A breastfeeding woman, up to the infant's first birthday;

(d) An infant, birth to one (1) year of age; or

(e) A child, one (1) to five (5) years of age;

(2) Provide proof of residence in the Commonwealth of Kentucky, such as a utility bill, driver's license, or SNAP identification card;

(3) Provide proof of identity as defined by 7 C.F.R. 246.7(c), such as a driver's license, medical card, birth certificate, or photo identification;

(4) Provide proof of household income, such as the most recent paystub, tax form (W-2), or medical card, and meet the following income criteria:

(a) Receive KTAP, SNAP, or Medicaid;

(b) A pregnant woman or infant in the household receives Medicaid;

(c) A member of the household receives Medicaid; or

(d) The household income is at or below 185 percent of the federal poverty level;

(5) Meet the required nutritional risk data at certification:

(a) Height or length and weight measurements shall be performed and documented.

(b) Hematological tests shall be performed and documented; and

(6) Meet one (1) of the following nutritional risk criteria:

(a) A detrimental or abnormal nutritional condition detectable by biochemical or anthropo-metric measurements, such as:

1. Anemia;

2. Underweight;

3. Overweight;

4. Abnormal pattern of weight gain in a pregnant woman;

5. Low weight gain in an infant; or

6. Stunting in an infant or child; or

(b) A documented nutritionally related medical condition such as:

1. Clinical signs of nutritional deficiency;

2. Metabolic disorder;

3. Pre-eclampsia in a pregnant woman;

4. Failure to thrive in an infant;

5. Chronic infection;

6. Alcohol or drug abuse or mental retardation in a woman;

7. Lead poisoning;

8. History in a pregnant woman of a high risk pregnancy or an associated factor such as:

a. Smoking;

b. Conception before sixteen (16) months postpartum;

c. Low birth weight, premature birth, or neonatal loss;

d. Adolescent pregnancy; or

e. Current multiple pregnancy; or

9. Congenital malformation in an infant or child or an infant born to a woman with:

a. A history of alcohol abuse;

b. A history of drug abuse;

c. Mental retardation;

d. A dietary deficiency that impairs or endangers health, such as an inadequate dietary pattern as assessed by:

(i) A twenty-four (24) hour dietary recall;

(ii) Dietary history; or

(iii) Food frequency checklist; or

e. A condition that predisposes a person to an inadequate nutritional pattern or nutritionally related medical condition, such as homelessness or migrancy.

Section 2. Certification Periods. WIC program benefits shall be based upon certifications established in accordance with the time frames established in this section.

(1) A pregnant woman shall be certified for the duration of her pregnancy and for up to six (6) weeks postpartum.

(2) A postpartum woman shall be certified for up to six (6) months postpartum.

(3) A breastfeeding woman shall be certified at intervals of approximately six (6) months, ending with the breastfed infant's first birthday.

(4) An infant shall be certified at intervals of approximately six (6) months, except an infant under six (6) months of age shall be certified for a period extending up to the first birthday if the quality and accessibility of health care services is not diminished.

(5) A child shall be certified at intervals of approximately six (6) months, ending with the end of the issuance month in which a child reaches the fifth birthday.

Section 3. Priority System. Vacancies in the WIC program shall be filled as they occur unless maximum participation has been reached. If maximum participation has been reached, vacancies shall be filled by a priority system based upon the nutritional risk of the patient.

Section 4. Time Frames for Processing Applicants. Pregnant and breastfeeding women, infants, and migrants shall be screened and notified of WIC program eligibility or ineligibility within ten (10) days of application. All other applicants shall be screened and notified of WIC program eligibility or ineligibility within twenty (20) days of application. WIC benefits shall be provided when participants are notified of certification.

Section 5. Nutrition Education.

(1) Nutrition education shall be made available to the participant or the participant's parent or guardian and shall relate to the participant's nutritional needs, household situation, and cultural preferences.

(2) Tobacco, drug, and other substance abuse information shall be provided to each participant or the participant's parent or guardian.

(3) Breastfeeding information, including the benefits of breastfeeding, shall be provided to each pregnant participant, unless contraindicated.

902 KAR 18:021

40 Ky.R. 496; 828; eff. 10-16-2013; Crt eff. 4-13-2020.

STATUTORY AUTHORITY: KRS 194A.050, 211.090(3), 7 C.F.R. Part 246, 42 U.S.C. 1786