Ohio Administrative Code|Rule 3701-42-01 | Definitions.

                                                
As used in this chapter:
(A) "Acknowledgment file" means
		  the file that notifies the vendor if its claim file was accepted or rejected
		  with errors.
(B) "Applicant" means a sole
		  proprietorship, partnership, cooperative association, corporation, limited
		  liability company or other business entity that timely submits to the director
		  an application packet on forms prescribed by the director to be a WIC vendor. A
		  currently authorized vendor will be designated as an applicant for the
		  contracting process. Responsibilities related to the current contract, if there
		  is one, will remain in effect.
(C) "Authorized Products List
		  (APL)" means an electronic file of all WIC authorized food items. Each
		  food item in the APL is uniquely identified by a specific category,
		  sub-category, description, unit of measure and "Universal Product
		  Code" (UPC) or "Price Lookup Code" (PLU).
(D) "Authorized supplemental foods or authorized
		  foods" means those items, as listed on the WIC authorized products list
		  developed under paragraph (A) of rule 3701-42-05 of the Administrative Code,
		  that are authorized by the director for distribution to participants in
		  exchange for benefits contained on the WIC nutrition card.
(E) "Auto-reconciliation file"
		  means the file which provides the vendor details for transactions that were
		  processed by the state host.
(F) "Cash value benefit (CVB)"
		  means cash amount on the WIC nutrition card that may be used by a participant
		  to obtained authorized fruits and vegetables.
(G) "Contract" means a written
		  agreement between the department and an authorized vendor in which the vendor
		  agrees to transact the WIC nutrition card in accordance with the provisions of
		  this chapter.
(H) "Contract infant formula or
		  contract formula" mean all infant formulas produced by the manufacturer
		  awarded the infant formula cost containment contract. This also refers to the
		  soy-based infant formula included in the cost containment
		  contract.
(I)  "Department" means the Ohio department of
		  health.
(J) "Director" means the director of health or
		  designee.
(K) "EBT" means electronic
		  benefits transfer.
(L) "EFT" means electronic funds transfer whereby
		  payment is made and deposited electronically into a specified account of a
		  vendor at a financial institution
(M) "Food and nutrition
		  service" (FNS) means the office within the United States department of
		  agriculture responsible for the overall administration of the food assistance
		  program and WIC.
(N) "Food assistance program"
		  means a program administered by the Ohio department of job and family services
		  to raise nutritional levels, expand buying power and to safeguard the health
		  and well-being of individuals in low-income households in Ohio. It was formerly
		  known as "Food Stamps" and is also currently referred to as the
		  "Supplemental Nutrition Assistance Program" or
		  "SNAP."
(O) "Food sales" means sale of
		  all foods that are eligible items under the food assistance
		  program.
(P) "Host" means the centrally
		  located state computing system used to process WIC EBT
		  transactions.
(Q) "Hot Card List (HCL)" means
		  a list of WIC nutrition cards by primary account numbers (PAN) which are no
		  longer valid.
(R) "Infant formula supplier" means a supplier
		  included on the list of authorized infant formula suppliers pursuant to
		  paragraph (A) of rule 3701-42-05 of the Administrative Code.
(S) "Local WIC agency" means a public or private
		  non-profit health or human services agency that has a contract with the
		  director to assess nutritional needs and to certify participants for
		  participation in the WIC program within a specified local area.
(T) "Location" means a fixed and permanent site
		  operating as a grocery store.
(U) "Mixed basket" means the
		  ability of the WIC participant to purchase both WIC authorized foods and
		  non-WIC foods without separating the food items prior to checkout into two
		  separate transactions.
(V) "Not to exceed amount" is
		  the maximum amount the department will reimburse a vendor for an authorized WIC
		  food item.
(W) "Participant" means a pregnant, postpartum,
		  or breastfeeding woman, or an infant or child who is receiving authorized
		  foods.
(1) "Breastfeeding
			 woman" means a woman up to one year postpartum who is breastfeeding her
			 infant.
(2) "Child"
			 means a person who has had his or her first birthday but who has not yet
			 attained his or her fifth birthday.
(3) "Infant"
			 means a person less than one year of age.
(4) "Postpartum
			 woman" means a woman up to six months after termination of
			 pregnancy.
(5) "Pregnant
			 woman" means a woman determined to have one or more embryos or fetuses in
			 utero.
(X) "Participant access" means the ability of
		  participants to procure authorized foods without undue hardship.
(Y) "Pattern" means three or
		  more occurrences.
(Z) "Pharmacy or pharmacy
		  vendor" means a sole proprietorship, partnership, cooperative association,
		  corporation, limited liability company, or other business entity that operates
		  one or more pharmacies authorized by the director to provide authorized
		  prescribed infant formula under a contract executed in accordance with rule
		  3701-42-10 of the Administrative Code. Each pharmacy location must have on
		  staff an individual licensed and authorized under Chapter 4729. of the Revised
		  Code to be a pharmacist.
(AA) "Price Lookup
		  Code (PLU)" means a unique identifier used by a vendor to identify
		  products that typically are of variable measure (i.e., fresh fruits and
		  vegetables).
(BB) "Price
		  survey" means the collection of prices for selected authorized foods
		  required with the application.
(CC) "Primary
		  Account Number (PAN)" means a number assigned to a WIC nutrition card as a
		  unique identifier.
(DD) "Processing
		  Day" means the day on which transactions and/or files are processed;
		  excludes holidays and weekend days.
(EE) "Prescribed infant formula" means an infant
		  formula exempt from the infant formula rebate contract as defined in 7 C.F.R.
		  section 246.2 (in effect on January 1, 2011). Prescribed infant formula
		  requires a physician's prescription.
(FF) "Split
		  tender" means a transaction that allows the participant to use the fruit
		  and vegetable benefits on the WIC nutrition card in addition to using one or
		  more additional methods of payment if the purchase exceeds the value of the
		  fruit and vegetable benefit on the card.
(GG) "Time of application" means the date the
		  applicant mails the application for a contract, as evidenced by the postmark,
		  or the date the application for a contract is received by the director.
		  .
(HH) "Universal
		  Product Code (UPC)" means a specific code used to identify products sold
		  by the vendor.
(II) "Vendor violation" means any intentional or
		  unintentional action of a vendor's owners, officers, managers, agents, or
		  employees (with or without the knowledge of management) that violates the
		  vendor contract, federal or state statutes, regulations, rules, policies, or
		  procedures governing the WIC program.
(JJ) "WIC EBT claim
		  file or claim file" means the electronic file that contains transactions
		  being submitted for payment by the vendor.
(KK) "WIC nutrition
		  card (WNC)" means the smartcard containing participant
		  benefits.
(LL) "WIC program" means the special supplemental
		  nutrition program for women, infants, and children authorized by section 17 of
		  the "Child Nutrition Act of 1966," 42 U.S.C. 1786, (in effect on
		  January 7, 2011 ) and administered in Ohio by the department under section
		  3701.132 of the Revised Code.
(MM) "WIC vendor or vendor" means a sole
		  proprietorship, partnership, cooperative association, corporation, limited
		  liability company, or other business entity that operates one or more grocery
		  stores authorized by the director to provide authorized foods to participants
		  under a contract executed under paragraph (A) of rule 3701-42-03 of the
		  Administrative Code. Each store must have a single, fixed
		  location.
(NN) "WIC transaction or transaction" means the
		  process by which a valid WIC nutrition card is presented to personnel at an
		  authorized vendor to receive items selected from the list of authorized
		  foods.