Pennsylvania Act 2024-22 — WIC STATE ADVISORY BOARD ACT - ENACTMENT

Act text

An Act

Establishing the Women, Infants and Children State Advisory Board.

The General Assembly finds and declares as follows:

(1) The Commonwealth intends to maximize the Federal funding available for the Pennsylvania Special Supplemental Nutrition Program for Women, Infants and Children (WIC) by maximizing participation and enrollment in the program to support healthier pregnancies, maternal outcomes, births and birth outcomes, improving health in pregnant women, postpartum women, children and infants in this Commonwealth and coordinating with other programs that support women, infants and children.

(2) Immediate action is needed to halt the steady decline in WIC participation and enrollment and the resultant decrease in Federal funding and nutritional assistance for Pennsylvania's lower-income women, infants and children, by increasing the use of technology and administrative organization and by greater transparency in operation and use of Federal funding.

(3) It is necessary to steadily increase participation and enrollment in programs that support women, infants and children, eliminate enrollment barriers, coordinate and connect with related programs and maximize technology to improve maternal and infant birth outcomes and the health of children eligible for participation in the program.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the WIC State Advisory Board Act.

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Board." The Women, Infants and Children State Advisory Board established in section 3.

"Department." The Department of Health of the Commonwealth.

"Enrollment." The number of active WIC participants who are eligible to receive food benefits.

"Food instrument." A voucher, check, electronic benefits transfer (EBT) card, coupon or other document that is used by a participant to obtain supplemental foods.

"Participation." The number of individuals who have received WIC food benefits on a food instrument.

"WIC." The Pennsylvania Special Supplemental Nutrition Program for Women, Infants and Children.

Section 3. Establishment.

The Women, Infants and Children State Advisory Board is established in the department.

Section 4. Topics.

(a) Advising.--The board shall advise the department on the following topics:

(1) The operation of the programs, to:

(i) Increase enrollment and utilization of the programs.

(ii) Improve the quality of services to support connections between WIC and comprehensive services to address the social, health, educational and other needs of pregnant individuals, mothers, infants and children.

(2) Outreach initiatives to increase participation and enrollment in the program, including any underserved populations.

(3) Technology improvements or enhancements for program operations, efficacy and efficiency, including:

(i) Incorporating the use of technology and modernization tools that remove barriers for program participants, including the potential to load benefits remotely and purchase WIC benefits online.

(ii) Developing and maximizing the use of telehealth technology for the increased convenience of program participants.

(iii) Coordinating and collating services to improve efficiency and effectiveness of those services.

(iv) Establishing security measures to protect WIC participants' personal information and prevent fraudulent activity in the use of WIC benefits.

(4) Increasing awareness and support of WIC breastfeeding services for WIC participants.

(5) Increasing access to WIC-authorized stores for WIC participants.

(b) Other topics.--The board may advise the department on other topics bearing on the program.

Section 5. Duties.

The board shall have the following duties:

(1) Review current aggregate data on WIC eligibility and participation and enrollment at the State level from the department.

(2) Become familiar with the WIC Policy Manual and WIC State plan.

(3) Advise on best practices that are used in other states.

(4) Consult with organizations and other agencies that work with WIC participants in fulfilling duties under this act.

(5) Advise the department on the topics enumerated in section 4.

Section 6. Membership and meetings.

(a) Membership.--The board shall consist of the following members:

(1) The following individuals shall be ex officio members of the board:

(i) The Secretary of Health or a designee who shall be an employee of the department.

(ii) The Director of WIC or a designee who shall be an employee of the department with specialized knowledge of WIC.

(iii) Two subject matter experts, as determined by the Secretary of Health or a designee.

(2) Remaining members of the board shall include the number of representatives from each of the following categories as indicated, for a total of 15 remaining members:

(i) Two medical professionals with expertise in serving women and children from underserved populations, one of whom is a pediatric physician.

(ii) Two advocates focused on addressing food insecurity.

(iii) Two child or maternal advocates.

(iv) Three WIC participants, each representing a different region of this Commonwealth.

(v) One representative from two different WIC-authorized stores or representatives or designees of WIC-authorized stores, for a total of two, with preference being for one representative from a store located in an urban area and one representative from a store located in a rural area, as determined by the Secretary of Health.

(vi) One representative from each of three different WIC local agencies, for a total of three representatives, each representing a different region of this Commonwealth.

(vii) One individual who is an expert on breastfeeding.

(b) Chair.--The Secretary of Health or the Secretary of Health's designee shall serve as chair of the board. The following apply:

(1) At the first board meeting, board members shall self-select a vice chair and secretary.

(2) The vice chair shall assist in the agenda creation and meeting organization.

(3) The Secretary of Health shall select a board member to fill the vice chair's obligations in the vice chair's absence.

(4) The secretary of the board shall capture and distribute meeting minutes.

(c) Quorum.--Ten board members under subsection (a)(2) shall constitute a quorum.

(d) Voting.--Only board members under subsection (a)(2) shall have voting rights. The vote of the majority of the quorum of board members shall prevail.

(e) Appointment and terms.--

(1) The Secretary of Health shall appoint members of the board under subsection (a)(2) for staggered three-year terms, as determined by the Secretary of Health, for a term not to exceed three consecutive years.

(2) A board member whose term has expired shall continue as a member of the board until a replacement has been appointed. The member shall have full voting rights and count for purposes of establishing a quorum. In no event shall a member continue to serve on the board beyond six months from the date of term expiration.

(3) Ex officio members or their designees shall serve so long as the official continues to serve in an official position.

(f) Vacancies.--Vacancies in the membership of the board shall be filled within 45 days of the vacancy in the same manner as provided for the original appointments.

(g) Staffing.--The board shall be staffed in collaboration with individuals from the department.

(h) Subcommittees.--The board may create subcommittees of the board members to carry out specific tasks or research. Subcommittees are to be created on an ad hoc basis and are not to replace or interfere with the efforts of the board.

(i) Meetings.--The board shall meet in accordance with the following:

(1) Members shall meet no fewer than four times per year, on a quarterly basis, except that the board shall meet every month for the first six months after the establishment of the board and, thereafter for the remainder of the first year, the board shall meet on a quarterly basis.

(2) The agenda for each meeting and all meeting minutes shall be posted to the department's publicly accessible Internet website.

(3) Meetings must comply with the following:

(i) The act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(ii) 65 Pa.C.S. Ch. 7 (relating to open meetings).

Section 7. Compensation and reimbursement.

Board members shall not be entitled to compensation for their services as board members. Board members shall be entitled to reimbursement in accordance with Commonwealth guidelines for reasonable travel, lodging and other necessary expenses incurred in the performance of their duties as board members.

Section 8. Conflict of interest.

Board members shall recuse themselves from discussions and actions if a conflict of interest may exist.

Section 9. Effective date.

This act shall take effect in 60 days.