La. Admin. Code tit. 48 § V-4303

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-4303 - Eligibility Criteria

A. To be certified as eligible for LA WIC, applicants shall:

1. reside within the jurisdiction of the state, however, length of residency is not an eligibility requirement;

2. meet the income requirement as described in Subsection B of this Section; and

3. meet nutritional risk criteria as described in Subparagraph d (Priority IV) of Paragraph 4 of Subsection C of this Section and in the state plan.

B. Income Criteria and Income Eligibility Determination

1. Income criteria for the program is established annually at 185 percent of poverty level (U.S. Department of Health and Human Services) as issued annually by the USDA's FNS. This shall have an annual effective date of no later than July 1.

2. LA WIC will determine income through the use of a clear and simple application form. Routine verification on a random selection of WIC participants to verify income is, and shall remain, at the discretion of LA WIC. Applicants are adjunctively income eligible for LA WIC when proof of enrollment in Louisiana Medicaid, Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) is provided.

C. Nutritional Risk

1. A competent professional authority shall determine if a WIC participant is at nutritional risk through a medical and/or nutritional assessment. This determination may be based on referral data by an applicant or WIC participant's medical provider.

2. At minimum, height (or length) and weight of the WIC participant shall be measured, and a hematological test for anemia (such as a hemoglobin, hematocrit or free erythrocyte protoporphyrin test) shall be performed. Such hematological tests are not required, but are permitted, for infants under nine months of age. All infants nine months of age and older (who have not already had a hematological test performed or obtained between the ages of and six and nine months), shall have a hematological test performed between nine and 12 months of age or obtained from referral sources.

3. Appropriate nutritional risk codes, as specified in the current state plan and as summarized in Paragraph 4 of this Subsection, shall be documented at each certification/recertification visit.

4. In the event that statewide participation has reached the maximum level, LA WIC shall fill vacancies according to the federally mandated priority system. In the event a priority level must be partially closed, subpriorities are described in the state plan as approved by USDA. Priority levels are identified as follows.

a. Priority I-pregnant women, breastfeeding women and infants at nutritional risk as demonstrated by hematological or anthropometric measurements, or other documented nutritionally related medical conditions which demonstrate the need for WIC approved food items.

b. Priority II-

i. infants (except those infants who quality for Priority I) up to 6 months of age born of women who participated in LA WIC during pregnancy; and

ii. infants (except those infants who qualify for Priority I) up to 6 months of age born of women who were not WIC participants during pregnancy but whose medical records document that they were at nutritional risk during pregnancy due to nutritional conditions detectable by biochemical or anthropometric measurements or other documented nutritionally related medical conditions which demonstrated the person's need for WIC approved food items.

c. Priority III-children at nutritional risk as demonstrated by hematological or anthropometric measurements or other documented medical conditions which demonstrate the child's need for WIC approved food items.

d. Priority IV-pregnant women, breastfeeding women, and infants at nutritional risk because of an inadequate dietary pattern.

e. Priority V-children at nutritional risk because of an inadequate dietary pattern.

f. Priority VI-postpartum women at nutritional risk.

g. Priority VII-individuals certified for LA WIC solely due to homelessness or migrancy and, at state agency option, previously certified WIC participants who might regress in nutritional status without continued provision of WIC approved food items.

La. Admin. Code tit. 48, § V-4303

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987), amended by the Department of Health and Hospitals, Office of Public Health, LR 12:869 (December 1988), Amended by the Department of Health, Office of Public Health, LR 43335 (2/1/2017), Amended LR 491402 (8/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:972.