PRIOR PRINTER'S NO. 808
PRINTER'S NO. 1147
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
721
Session of
2023
INTRODUCED BY SCHWANK, BROOKS, COSTA, AUMENT, HUGHES, KEARNEY,
TARTAGLIONE, FONTANA, KANE, HAYWOOD, COMITTA, LAUGHLIN,
CAPPELLETTI, BAKER, J. WARD, COLLETT, BREWSTER AND MUTH,
JUNE 2, 2023
SENATOR BROOKS, HEALTH AND HUMAN SERVICES, AS AMENDED,
OCTOBER 3, 2023
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 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
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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.
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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.
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(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.
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(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 14 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
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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.
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(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.
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This act shall take effect in 60 days.
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