Md. Code Regs. 10.54.01.19

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.54.01.19 - Sanctions

A. The Program may sanction a participant or proxy in the Program, in addition to seeking criminal or civil sanctions or other remedies that may be applicable under federal, State, or local law.

B. If a participant or a child or infant participant's parent, guardian, or caretaker, has deliberately misrepresented the participant's income, residence, family size, health status, medical data, or date of birth, the:

(1) Program shall

(a) Disqualify the participant from the Program for 3 months; or

(b) Disqualify the participant for 1 year if the State agency assesses a monetary claim of $100 or more; or

(c) Terminate the participant from the Program if Program eligibility standards are not met; and disqualify the participant from the program for 1 year; and

(2) Offending party shall pay to the State agency, in cash, the value of food benefits improperly received.

C. If a participant or a child or infant participant's parent, guardian, caretaker, or proxy obtains or attempts to obtain food benefits to which the participant is not entitled, sanctions shall be applied according to the following:

(1) If the offending party is a participant or a child or infant participant's parent, guardian, or caretaker:

(a) For the first offense, the Program shall counsel the individual and issue a warning letter;

(b) For a subsequent offense, the Program shall disqualify the participant from the Program for:

(i) 3 months; or

(ii) 1 year if the State agency assesses a monetary claim of $100 or more; and

(c) In either case in §C(1)(a) and (b) of this regulation, the offending party shall pay to the State agency, in cash, the value of the food benefits obtained; or

(2) If the offending party is a proxy, the:

(a) Program shall remove the proxy; and

(b) Proxy shall pay to the State agency, in cash, the value of the food benefits obtained.

D. If a participant engages in dual participation as defined in Regulation .04B of this chapter:

(1) The Program shall counsel the participant or a child or infant participant's parent, guardian, or caretaker, and disqualify the participant

(a) From the appropriate WIC Programs; or

(b) For 1 year if the State agency assesses a claim for dual participation for 1 year, and

(2)

(a) Program shall disqualify the participant from the Program enrollment for 1 year; and

(b) Offending The offending party shall pay to the State agency, in cash, the monetary value of the items received.

E. If a participant or a child or infant participant's parent, guardian or caretaker, or a proxy physically abuses or threatens abuse of WIC or vendor staff, the Program shall:

(1) Report the incident to the police;

(2) Disqualify the participant from the Program for 1 year if the offending party is a participant or a child or infant participant's parent, guardian, or caretaker; and

(3) Remove the proxy if the offending party is a proxy.

F. If a participant or a child or infant participant's parent, guardian, or caretaker, or a proxy verbally abuses or harasses WIC or vendor staff, or disrupts the peaceful and orderly conduct of business at a WIC or vendor facility, the Program shall:

(1) For the first offense, disqualify the participant from the Program for 6 months;

(2) Remove the proxy if the offending party is a proxy; and

(3) For a subsequent offense, disqualify the participant from the Program for 1 year.

G. If a participant or a child or infant participant's parent, guardian, or caretaker, or a proxy sells or exchanges supplemental food purchased with a food instrument or sells a food instrument to another individual or entity, the:

(1) Program shall:

(a) Disqualify the participant for 3 months if the offending party is a participant or a child or infant participant's parent, guardian, or caretaker; or

(b) For a subsequent offense, disqualify the participant from the Program for 6 months if the offending party is a participant or a child or infant participant's parent, guardian, or caretaker;

(c) Disqualify the offending party for 1 year if the State agency assesses a monetary claim of $100 or more; or

(d) Remove the proxy if the offending party is a proxy; and

(2) Offending party shall pay to the State agency, in cash, the monetary value of food or food instruments sold or exchanged.

H. If a participant or a child or infant participant's parent, guardian, or caretaker, or a proxy attempts to redeem or redeems a food instrument for unauthorized foods or for quantities of food in excess of that indicated on the food instrument, if the offending party is a:

(1) Participant or a child or infant participant's parent, guardian, or caretaker:

(a) For the first offense, the Program shall counsel the individual and issue a warning letter;

(b) For a subsequent offense, the Program shall disqualify:

(i) The participant from the Program for 3 months; or

(ii) The offending party from the Program for 1 year if the State agency assesses a monetary claim of $100 or more; and

(c) In either case in §H(l)(a) and (b) of this regulation, the offending party shall pay to the State agency, in cash, the value of the food benefits obtained; or

(2) Proxy, the:

(a) Program shall remove the proxy; and

(b) Proxy shall pay to the State agency, in cash, the value of the food benefits obtained.

I. If a participant or a child or infant participant's parent, guardian, or caretaker, or a proxy receives cash or credit toward the purchase of unauthorized food or other items of value instead of or in addition to authorized supplemental foods or exchanges, or attempts to exchange or returns or attempts to return authorized WIC food to the vendor for cash or non-WIC items, the:

(1) Program shall:

(a) Disqualify the participant from the Program for 3 months if the offending party is a participant or a child or infant participant's parent, guardian, or caretaker;

(b) For a subsequent offense, disqualify the participant from the Program for 6 months if the offending party is a participant or a child or infant participant's parent, guardian, or caretaker; or

(c) Disqualify the offending party for 1 year if the State agency assesses a monetary claim of $ 100 or more;

(2) Program shall remove the proxy if the offending party is a proxy; and

(3) Offending party shall pay to the State agency, in cash, the amount indicated on the food instrument with which the items were initially obtained, if the items were obtained.

J. If a participant or a child or infant participant's parent, guardian, or caretaker, or a proxy allows an unauthorized individual to use the Maryland WIC participant identification folder, if the offending party is a:

(1) Participant or a child or infant participant's parent, guardian, or caretaker:

(a) For the first offense, the Program shall counsel the individual and issue a warning letter; and

(b) For a subsequent offense, the Program shall disqualify the participant from the Program for 3 months; or

(2) Proxy, the Program shall remove the proxy.

K. If a participant or a child or infant participant's parent, guardian, or caretaker, or a proxy fails to pay a monetary penalty imposed by the Program for redeeming food benefits, if the offending party is a:

(1) Participant or a child or infant participant's parent, guardian, or caretaker the Program shall disqualify the participant from the Program for 1 year, or

L. Failure to Return Breast Pump.

(1) If a participant fails to return a hospital grade breast pump, the Program shall issue a warning letter to the participant.

(2) If a participant fails to return a hospital grade breast pump after receipt of a warning letter, the participant shall pay to the State agency, in cash, the monetary value of the breast pump.

Md. Code Regs. 10.54.01.19

Regulations.19 adopted effective March 25, 1996 (23:6 Md. R. 476)
Regulation .19 amended effective 41:6 Md. R. 380, eff.3/31/2014 ; amended effective 47:10 Md. R. 519, eff. 5/18/2020