Section DHS 149.24 - Mandatory participant or proxy disqualification(1) MANDATORY ONE YEAR DISQUALIFICATION. (a) Except as provided in par. (b), the local WIC project shall disqualify a participant and the participant's proxy and other family members from the WIC program for one year if the local project determines that the participant or proxy has committed any one of the following violations: 1. Intentionally participating in and spending WIC checks from more than one WIC project or WIC project clinic during the same time period.2. Intentionally participating in the WIC program and in the commodity supplemental food program at the same time.3. Committing any violation that results in fraudulent receipt or disposal of $100 or more in WIC benefits.4. Being assessed by the local project a second or subsequent repayment.(b)Exceptions to mandatory one year disqualification. The local project may decide not to impose the mandatory one year disqualification if within 30 days of the date of mailing a repayment letter, the participant makes full repayment or agrees to a repayment schedule acceptable to the local WIC project.(c)Mandatory repayment.1. Except as provided in subd. 3., if an individual fraudulently receives or disposes of WIC program benefits, the local project shall require repayment of the full amount fraudulently received or disposed.2. If the participant does not make full repayment within 30 days or if a repayment schedule is not agreed upon within 30 days, the local project shall provide a second written request for repayment. The state WIC office may take additional collection actions for total repayments exceeding $250.3. For repayment of infant formula benefits, the state WIC office may allow the participant to repay an amount that is lower than the full price of the infant formula.(2) MANDATORY SIX MONTH DISQUALIFICATION. The local project shall disqualify a participant and the participant's proxy and other family members from the WIC program for 6 months if the local project determines that the participant or proxy has committed any one of the following violations: (a) Intentionally falsely reported the loss or theft of WIC participant identification or one or more WIC checks, and spent one or more WIC check from both the first set and the replacement set of checks.(b) Intentionally provided a false statement, concealed or misrepresented a fact, gave information that misrepresents true circumstances, or failed to give information about changes in true circumstances resulting in fraudulent enrollment in the WIC program and receipt of WIC benefits.(c) Stole or attempted to steal a WIC check from a local project.(d) Physically abused or threatened physical abuse of a state or local project staff member, a WIC vendor staff member, or another WIC participant at a local project or related function.(3) MANDATORY THREE MONTH DISQUALIFICATION. After providing a warning letter for the first offense, the local project shall disqualify a participant and the participant's proxy and other family members from the WIC program for 3 months if the local project determines that the participant or proxy has committed any one of the following violations: (a) Obtained or used a WIC check or WIC participant identification without the permission of the participant, or an authorized proxy if the participant is an infant or child.(b) Verbally abused a state or local WIC project staff member, a WIC vendor staff member, or another WIC participant at a local project or related function.(c) Sold or attempted to sell, exchange or return a WIC program benefit to others for cash, credit, non-authorized WIC food or another item.(d) Aided or abetted fraud or abuse of the WIC program.(e) Used or attempted to use an altered WIC check.(4) MANDATORY ONE MONTH DISQUALIFICATION. After providing a warning letter for the first offense, the local project shall disqualify a participant and the participant's proxy and other family members from the WIC program for one month if the local project determines that the participant or proxy has committed any one of the following violations:(a) Accepted a free non-WIC food item, cash or credit, as a gift or incentive to use a WIC check at a WIC vendor.(b) Made or attempted to make 2 or more separate purchases with a single WIC check.(c) Exchanged or attempted to exchange a WIC check at a vendor for food that is not an authorized food.(d) Purchased or attempted to purchase an authorized food in excess of the quantity stated on a WIC check.(e) Used a WIC check at a grocery store or pharmacy that is not a WIC vendor.(f) Signed a WIC check before the purchase price has been entered on the WIC check.(g) Failed to cooperate in a WIC program vendor audit, monitoring procedure, or investigation.(h) Used or attempted to use a WIC check before or after the dates printed on the WIC check.(5) PERSONS DISQUALIFIED. Disqualification from WIC program participation applies to all members of a family who are participants of the WIC program. The local project director may waive the disqualification for one or more members of the family if it is determined that a serious health risk may result from program disqualification, or if the participant is a foster child and is transferring to a new family.(6) REINSTATEMENT OF PARTICIPANTS. (a) Upon expiration of the disqualification period, the participant and the participant's family members may reapply for and be certified for WIC program benefits, whether or not full repayment has been made.(b) The participant and the participant's family members may reapply for WIC program benefits prior to the end of the disqualification period if repayment has been fully made or a repayment schedule is agreed upon and maintained.Wis. Admin. Code Department of Health Services DHS 149.24
CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08.