Bill Summary – FastDemocracy

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
    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.
20230SB0721PN1147                   - 2 -
 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.
20230SB0721PN1147                       - 3 -
           (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.
20230SB0721PN1147                        - 4 -
                (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
20230SB0721PN1147                       - 5 -
    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.
20230SB0721PN1147                    - 6 -
    (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.
20230SB0721PN1147                       - 7 -
   This act shall take effect in 60 days.
20230SB0721PN1147               - 8 -