Policy Memo (259.47 KB)
| DATE: | February 16, 2024 | |
| SUBJECT: | WIC Policy Memorandum #2024-3: Implementing ABFA Requirements in WIC State Plans | |
| TO: | Regional Directors Supplemental Nutrition Division | WIC State Agency Directors All WIC State Agencies |
Effective with the publication of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions - Final Rule with Request for Comment on Dec. 14, 2023, as of Feb. 12, 2024, WIC state agencies are now required to include a plan of alternate operating procedures, commonly referred to as a disaster plan, as part of their state Plan. This requirement is effective beginning with state agency fiscal year (FY) 2025 state plan submissions, due to USDA’s Food and Nutrition Service (FNS) no later than Aug. 15, 2024. This transmittal outlines the minimum required elements for alternate operating procedures and is intended to help state agencies determine how they will implement this new requirement. FNS will reinforce these requirements through the FY 2025 state plan guidance and revise the existing guidance found in the Guide to Coordinating WIC Service During Disasters to ensure the information is up to date and available for reference. FNS recognizes not every WIC state agency currently has a plan in place and that some state agencies have more experience in disaster response than others. FNS stands ready to support state agencies in the development and refinement of their alternate operating procedures to meet the requirements of this provision.1
Background
On May 21, 2022, the Access to Baby Formula Act of 2022 (ABFA, PL 117-129) was signed into law. On December 14, 2023, FNS revised WIC regulations through publication of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions - Final Rule with Request for Comment to implement the provisions of ABFA and other related changes to strengthen WIC’s ability to address certain disasters, emergencies, and supply chain disruptions, particularly those impacting infant formula. The rule established a new regulatory requirement at 7 CFR 246.4(a)(30) which requires WIC state agencies to include a plan of alternate operating procedures, commonly referred to as a disaster plan, as part of their state plan. This requirement will ensure WIC state agencies have plans in place to support continuity of operations in the event of a disruption of WIC services, including but not limited to disasters, emergencies, public health emergencies, supplemental food recalls, and other supply chain disruptions.
The new ABFA state plan requirements recognize that WIC is not designed to be a disaster assistance program and is not considered a first response option for disaster survivors. As such, FNS encourages WIC state agencies to work with and use available resources from state and local emergency services offices, as well as the Federal Emergency Management Agency (FEMA), to the maximum extent practicable during an emergency period.
Minimum Required Elements
Alternate operating procedures must describe the process by which the WIC state agency will minimize the negative impact of program disruptions to WIC operations and services and ensure the availability of authorized supplemental foods to the extent feasible. Alternate operating procedures must include the minimum regulatory requirements as listed in Appendix A, which include Coordination and Communication, Continuation of Benefits, Benefit Issuance and Redemption, Vendor Management, and Nutrition Services. Suggested example procedures to help meet these requirements are also provided in Appendix A, as well as considerations state agencies should keep in mind when developing alternate operating procedures. The suggested example procedures to meet these requirements are not all inclusive but are instead intended to help state agencies begin to determine how they will meet the needs of their participant populations.
Waivers
ABFA established permanent waiver authority for the Secretary of Agriculture to address certain emergencies, disasters, and supply chain disruptions impacting WIC. Program requirements may be waived in the event of (1) a presidentially declared major disaster as defined under Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, 42 USC 5121 et seq.), (2) a presidentially declared emergency as defined under the Stafford Act, (3) a public health emergency declared by the Secretary of Health and Human Services under Section 319 of the Public Health Service Act (42 USC 247d), (4) a renewal of such a public health emergency, and (5) a supply chain disruption as declared by the Secretary of Agriculture.
State agencies should include as a part of their alternate operating procedures steps to (1) determine if any of these events exist and (2) determine if a waiver is necessary to continue WIC services. Additional guidance will be released by FNS at a later date on implementation of the regulatory provisions related to waivers allowable under ABFA’s waiver authority.
MIS Considerations
In developing alternate operating procedures, state agencies should also consider whether such procedures require changes to their management information system (MIS) or EBT system. As a reminder, state agencies must consider requirements in FNS Handbook 901 when making system changes.
FNS is committed to working in partnership with state agencies to develop their plans for alternate operating procedures and ultimately to help ensure the availability of authorized supplemental foods during unexpected situations.
State agencies may direct any questions to their respective FNS regional office.
Sara Olson
Director
Policy Division
Supplemental Nutrition and Safety Programs