Detailed Policy Guidance for State Cooperators in
Disaster Situations
NOTE: The policies referenced below represent a summary of
current WIC policy and regulatory citations that are specifically
relevant to WIC Program operation during disaster situations,
usually hurricanes, in which WIC participants have been evacuated
from their homes and relocated to other areas within their home
States, or to another State.
Expedited Processing of Disaster-Related Evacuees
Disaster-related evacuees who seek WIC benefits shall be considered
as special nutritional risk applicants and receive expedited
certification processing. As stated in Section 246.7(f)(2)(iii)(A) of
WIC Program regulations, special nutritional risk applicants must be
notified of their eligibility or ineligibility within 10 days of the
date of the first request for Program benefits. Although the regulations
allow the State agency to extend the notification period to a maximum of
15 days when a local agency justifies such a request, such exceptions
should not be granted. Rather, every effort must be made to certify
these individuals immediately and at a maximum, within 10 days of their
request (whether by phone or visit to the WIC agency) for WIC benefits.
These individuals should be served ahead of others seeking benefits.
In cases where disaster-related evacuees move in with another
household, the displaced individuals should be considered homeless and
treated as a separate economic unit. Further, the income documentation
requirement does not apply to a homeless woman or child for whom the
agency determines the income documentation requirement would present an
unreasonable barrier to participation. It is expected that most of these
displaced categorically eligible individuals will be determined income
eligible for WIC benefits.
Verification of Certification Information
If possible, verification of certification information (VOC) should be
provided by the local WIC office to WIC participants when a
disaster-related evacuation is anticipated. In addition, each
disaster-related evacuee must receive VOC information from the “new”
State upon certification in that State. This will help to assure
continuation of benefits when the participant returns to the home State.
A person with VOC information shall not be denied participation in
either State because the individual does not meet that State's
particular eligibility criteria.
Documentation of income, residency and identification
The income documentation requirement does not apply to an individual
for whom the necessary documentation is not available or an individual
such as a homeless woman or child for whom the agency determines the
income documentation requirement would present an unreasonable barrier
to participation. When using these exceptions, the State or local agency
must require the applicant to sign a statement specifying why he/she
cannot provide documentation of income. Such a statement is not required
when there is no income. (See Section 246.7(d)(2)(v)(C) of the WIC
regulations for further information.)
The State agency may authorize the certification of applicants when
no proof of residency or identity exists (such as when an applicant or
an applicant’s parent is a victim of theft, loss, or disaster, a
homeless individual, or a migrant farm worker). In these cases, the
State or local agency must require the applicant to confirm in writing
his/her residency and/or identity. Also, please keep in mind that there
is no durational requirement. That is, length of residency cannot be a
prerequisite to receiving WIC benefits. (See Section 246.7(c) of the WIC
regulations for further information.)
WIC Nutrition Risk Assessment Procedures to Expedite Service to
Disaster-Related Evacuees
As part of the nutritional risk assessment, WIC regulations require at a
minimum, height or length and weight measurements and a blood test for
anemia. The blood test can be obtained within 90 days of certification
for persons with a documented nutritional risk. Disaster-related
evacuees can be determined to be at nutritional risk since they are
considered homeless. Therefore, the blood test can be deferred for 90
days. FNS will also allow the height or length and weight measurements
to be deferred for 90 days, if necessary, to expedite the certification
process. On a case-by-case basis the 90-day time frame may be extended
based on the discretion of the State agency.
Every effort should be made to provide a full assessment at the time
the individual seeks services to ensure that s/he is linked into the
health and social services network in the State. This will ensure that
WIC continues to serve as an adjunct to health care as it was designed.
Medical Documentation for Exempt Infant Formulas and WIC-eligible
Medical Foods
WIC may provide, with appropriate medical documentation, exempt infant
formula and WIC-eligible medical foods for participants with serious
medical conditions. Due to the nature of the medical conditions of these
participants, close medical supervision is essential for the continued
monitoring of their health. WIC clinic personnel should refer
individuals with serious medical conditions that require the use of an
exempt infant formula or WIC-eligible medical food to local medical
providers to ensure that the participant is linked to the health care
system.
Section 246.10(c)(1)(v)(B) of the WIC regulations specifies the
technical requirements for medical documentation. The medical
documentation can be provided as an original written document,
electronically, or by facsimile. Medical documentation also may be
provided by telephone to a competent professional authority who must
promptly document the information which must be kept on file at the
local clinic. However, this method may only be used until written
confirmation is received and only when absolutely necessary on an
individual participant basis to prevent undue hardship to a participant
or to prevent a delay in the provision of infant formula that would
place the participant at increased nutritional risk. The local clinic
must obtain written documentation of the medical documentation within a
reasonable amount of time (i.e., one or two weeks’ time) after accepting
the initial medical documentation by telephone. The written
documentation must be kept on file with the initial telephone
documentation.
In an effort to provide the best service to disaster-related
evacuees, State agencies may exercise the following additional options:
- Participants presenting at WIC clinics in a new State with a
food instrument that specifies an exempt infant formula or
WIC-eligible medical food may be issued food instruments for the
specified item up to the end of their certification period.
- Participants presenting at WIC clinics in a new State without a
food instrument, but who can provide the name of the exempt infant
formula or WIC-eligible medical food that the individual was
receiving before relocating, may be issued a 1-month food instrument
for that specific item.
- Persons seeking WIC benefits who were not participants prior to
the disaster must obtain medical documentation prior to issuing the
exempt infant formula or WIC-eligible medical foods.
Shorter Certification Periods
Section 246.7(g)(2) of the WIC regulations allows the establishment of
shorter certification periods on a case-by-case basis. State agencies
may want to consider this option for persons who may be temporarily
residing within their jurisdiction.
Extension of Certification Period
In cases where there is difficulty in scheduling appointments for
breastfeeding women, infants and children who have not reached their
fifth birthday, section 246.7(g)(3) of the WIC regulations allows the
certification period to be shortened or extended by a period not to
exceed 30 days. This policy is available for clinics that are
experiencing a shortage of competent professional authorities to perform
certifications. In such cases, one month of food benefits can be issued
to those participants until an appointment can be rescheduled.
Replacement of WIC Food Instruments/WIC Foods
State agencies may establish their own policies and procedures, through
the State Plan process, with regard to replacement of unredeemed WIC
food instruments that are destroyed in disasters. FNS will support
replacement of WIC food instruments if the State agency can verify that
the original food instruments were not redeemed.
WIC State agencies may also establish their own policies and
procedures, through the State Plan process, on replacing WIC food
benefits redeemed but lost in an isolated personal misfortune. Such
policies and procedures must reflect appropriate control measures. The
food benefit replacement does not apply to mass disasters where
emergency feeding services are typically available.
The quantity of replacement food benefits should be based on that
portion of food benefits for which the participant would normally still
be eligible (i.e., from the present to the remaining days in the month).
The State agency’s procedures should include questions to determine if
the full month’s allotment has been destroyed. For example, a WIC
participant who received 4 WIC checks for the month of September and
used one of those checks to purchase WIC food items that were then lost
in a hurricane-related flood/power outage would be allowed to receive
replacement WIC benefits for the destroyed food valued at one-fourth of
the value of her monthly WIC food package. The participant would still
be able to use the other 3 checks that had previously been issued for
that month.
Replacement of redeemed or unredeemed WIC food benefits cannot result
in the allocation of retroactive food benefits. In addition, State
agencies should have participants sign a statement attesting to the fact
that their food instruments have been destroyed as a result of the
disaster.
Mailing WIC Food Instruments
WIC regulations (246.12(r)(4)) allow mailing of food instruments to
persons who are not scheduled for nutrition education or a second or
subsequent certification. In situations arising from critical gasoline
shortages, FNS will allow mailing of food instruments to those
individuals who were scheduled for nutrition education, but not
certification visits. The nutrition education visits should be
rescheduled.
State agencies may not mail more than a 3-month supply of food
instruments. If a State agency opts to mail food instruments it must
utilize a system that ensures the return of food instruments if the
participant no longer resides or receives mail at the address to which
the food instruments were mailed. In addition, we recommend the
following policies with regard to the mailing of food instruments:
- Use first-class mail with the following phrase added on the
envelope "Do Not Forward, Return to Sender" or "Do Not Forward,
Address Correction Requested."
- Do not use window envelops as they can increase the incidence of
stolen letters. Window envelopes provide an easy means of examining
the content of the envelopes.
- Do not identify the name of the WIC clinic or use the words "WIC
Program" on the return address as this may increase the incidence of
stolen mailed food instruments.