Md. Code Regs. 10.54.02.07

Current through Register Vol. 51, No. 25, December 13, 2024
Section 10.54.02.07 - Food Delivery
A. General Provisions. A local agency shall:
(1) Implement and operate a food delivery system according to the local agency's agreement with the State agency;
(2) Ensure that the food delivery system's operation is compatible with the delivery of health and nutrition education services;
(3) Inform a participant or the parent or caretaker of an infant or child participant of the authorized vendors within the local agency service area;
(4) Issue food instruments to participants or the participant's parent, caretaker, or proxy in accordance with COMAR 10.54.01; and
(5) Ensure that a participant or the participant's parent, caretaker, or proxy signs for receipt of food instruments.
B. Vendor Authorization. The State agency, in conjunction with a local agency, shall:
(1) Determine the appropriate number and distribution of vendors needed to serve the participants within the area served by the local agency; and
(2) Conduct and provide documentation of on-site visits to an applicant vendor.
C. Vendor Agreements. A local agency shall abide by the vendor agreement or agreements authorized for use in the local agency by the State agency.
D. Vendor Training. A local agency shall provide training to a vendor when required by the State agency.
E. Vendor Monitoring. A local agency, in conjunction with the State agency, shall:
(1) Conduct on-site monitoring visits to at least 10 percent of the authorized vendors per year, selected on a representative basis, and submit to the State agency a summary of the results;
(2) Identify and monitor vendors who present the potential for abuse of the Program and submit to the State agency a summary of the results;
(3) Ensure investigation of suspected fraud and abuse and of complaints against participants as well as complaints by participants; and
(4) Recommend sanctioning of vendors as prescribed at COMAR 10.54.03.16.
F. Food Instruments Accountability. A local agency shall control and provide accountability for the receipt and issuance of food instruments
(1) Designate personnel to verify and sign for the receipt of food instruments from the State agency and maintain food instruments security;
(2) Record on the Check Register and the Manual Check Issue Register the disposition of a food instrument; and
(3) Assist the State agency in identifying the disposition of a food instrument.
G. Conflict of Interest. A local agency shall notify the State agency if any conflict of interest appears to exist between the local agency or a member of its staff and a vendor within its jurisdiction.

Md. Code Regs. 10.54.02.07

Regulations .07F amended as an emergency provision effective July 1, 1998 (25:15 Md. R. 1183); amended permanently effective October 5, 1998 (25:20 Md. R. 1532); amended effective 47:10 Md. R. 519, eff. 5/18/2020