§ 23-13-17 - Special supplemental food program for women, infants, and children (WIC).
SECTION 23-13-17
§ 23-13-17 Special supplemental foodprogram for women, infants, and children (WIC). – (a) The director of health shall administer a program to be called the WICprogram, to provide supplemental foods and nutrition education to pregnant,postpartum, and breastfeeding women, infants, and young children from familieswho meet financial eligibility standards established by the department and whoare at special risk with respect to their physical and mental health by reasonof inadequate nutrition, or health care, or both. The WIC program shall beadministered in a manner consistent with applicable federal law, 42 U.S.C.§ 1786, and the provision of this chapter.
(b) All applicants and participants who are eligible shall beentitled to participate in the WIC program.
(c) The cost of the program shall not exceed two hundredthousand dollars ($200,000).
(d) Every person, party, entity, partnership, corporation, orother business, governmental, or nonprofit entity which embezzles, willfullymisapplies, steals, or obtains by fraud or deception any funds, assets orproperty provided under § 7 of the Child Nutrition Act of 1966, 42 U.S.C.§ 1776, or under this chapter, whether received directly or indirectlyfrom the United States Department of Agriculture or the Rhode Island departmentof health, or receives, conceals, or retains those funds, assets, or propertyfor his or her own interest, knowing those funds, assets, or property have beenembezzled, willfully misapplied, stolen, or obtained by fraud or deceptionshall, if the amount of funds, assets, or property are of the value of fivehundred dollars ($500) or more, be fined not more that ten thousand dollars($10,000), or if the amount of funds, assets, or property are of a value ofless than five hundred dollars ($500), shall be fined not more than onethousand dollars ($1,000). The amount of funds, assets, or property providedunder the special supplemental food program for women, infants, and childrenmisdirected in violation of this chapter shall be calculated as the aggregatefrom any and all incidents or acts prohibited by this chapter occurring in anyconsecutive twelve (12) month period.
(e) Every person, party, entity, partnership, corporation, orother business, governmental, or nonprofit entity which duplicates, causes tobe duplicated, creates, manufactures, or causes to be created or manufacturedany copy or facsimile of any article or method employed by the Rhode Islanddepartment of health to identify food vendors which redeem food instruments ofthe special supplemental food program for women, infants, and children (WICprogram) without the express written authorization of the Rhode Islanddepartment of health or whoever obtains, steals, conceals or retains a WICprogram vendor identifier knowing the identifier has been copied or createdwithout department of health authorization or obtains or retains an identifieror copy or facsimile of it, without the express written authorization of theRhode Island department of health, shall, if the WIC program vendor identifieris used in the acceptance, redemption, or deposit of WIC program foodinstruments, be fined not more than ten thousand dollars ($10,000), or if theunauthorized vendor identifier is not shown to have been used in theacceptance, redemption, or deposit of WIC program food instruments, shall befined not more than one thousand dollars ($1,000).
(f) Every person, party, entity, firm, or corporation whichmisrepresents itself as, or in any other manner improperly, fraudulently ordeceptively holds itself out to be, authorized by any unit of the federal,state, or local government or other entity to accept, redeem, or deposit WICprogram food instruments, such as WIC checks, or which otherwise attempts orsolicits to accept, redeem, or deposit WIC food instruments without the expressauthorization of the department in any manner shall, if the action isaccompanied by the unauthorized acceptance, redemption, or deposit of WICprogram food instruments, be fined not more than ten thousand dollars($10,000), or if those actions are not shown to have been accompanied by theacceptance, redemption, or deposit of WIC program food instruments, shall befined not more than one thousand dollars ($1,000).
(g) The possession of any funds, assets, property, vendoridentifier, or WIC food instruments shall be evidence of guilty knowledge bythe person having possession that the property was embezzled, willfullymisapplied, stolen, or obtained by fraud or deception or created or receivedwithout authorization except the person shows that it was acquired in the duecourse of trade and for adequate consideration.
(h) Any penalty imposed under this chapter shall be inaddition to immediate repayment of any claim made under the provisions of theRhode Island state plan of operation and administration of the specialsupplemental food program for women, infants, and children for funds improperlyobtained or received.
(i) Any fine imposed under this chapter does not preclude anyother sanctions or penalties set forth in state or federal regulations, rulesor the provisions of the Rhode Island state plan of operation andadministration for the special supplemental food program or the provisions ofthe vendor participation agreement in force between the Rhode Island departmentof health and any WIC program vendor.