Findings Of Fact Effective January 1, 1982, HRS and Respondent entered into a Vendor Agreement for Participation in the Florida WIC Program. The WlC Program is a highly specialized nutritional program, subsidized by the Federal Government for the benefit of certain low income persons. Pursuant to the aforementioned agreement, Respondent agreed to: Provide only authorized quantities of approved WIC foods for purchase with food check, accurately determine the charges to the WIC Program, and clearly complete the "pay exactly" box on the food check prior to obtaining the signa- ture of the authorized participating parent, guardian, or proxy. Provide the approved WIC foods to participant at the same price or less than the price charged other customers. The Vendor Agreement between HRS and Respondent also provided that: If the State WIC Agency or local agency determines that the Vendor is unable or unwilling to properly comply with this agreement and/or Federal or State WIC Program rules, regulations, or policies, the State or local agency shall, after - thirty (30) days written notice, suspend the Vendor from further participation in the WIC Program for a period of up to one (1) year. The State or local WIC agency shall, upon thirty (30) days written notice, suspend the Vendor from participation in the WIC Program for a period of not less than three months upon substantiation of abuse of the WIC Program including, but not limited to the following: Providing . . . unauthorized foods in lieu of authorized supplemental foods. * * * Charging the WIC Program an amount for supplemental foods more than other cus- tomers are charged for the same food items * * * 5. Actual or attempted violation of appli- cable laws. HRS administers the WIC Program by issuing to eligible individuals negotiable checks that reflect designated categories of foods which may be purchased with the checks. Specific foods eligible for purchase in each category are on the back side of the checks. Clients to whom checks are issued take them to an approved Vendor participant store and purchase the foods as authorized by category. Vendor-participants in the WIC Program are instructed to disallow purchases of foods not specifically listed on the checks, and are further instructed at the time of the purchase to first insert the cash register amount of the purchase on the check and then to have the client sign the check. Individual vendor-participants are monitored by computer printout in HRS' Tallahassee office. When vendors' store prices for individual items exceed 20 percent of the average price for those items in a given county area, the local WIC office performs an investigation of the store by using undercover personnel to pass specifically identified checks through the store to identify where the overcharging is occurring and whether proper foods are being authorized for purchase by vendor-participants. Monitoring activities conducted by HRS preliminarily indicated Respondent was charging in excess of 20 percent above the norm in his area consistently, and in one case as high as 90 percent above norm. As a result of the aforementioned monitoring activities, specific identifiable checks were forwarded to the Orange County WIC Office and a staff member was assigned to go to despondent's store utilizing these checks for the purchase of goods. Four separate visits were made by a staff member, and on three of those instances the investigator was furnished with sales slips. On each separate occasion the investigator was asked by store personnel to sign the check prior to the purchase amount being inserted on the check as required by the agreement between HRS and Respondent. The investigator consummated purchases, and on at least three of those purchases individual items of unauthorized food were allowed to be purchased by Respondent. After the checks were cashed by Respondent and returned to the HRS office, it was found that three of the four checks were cashed for amounts in excess of the actual purchase price of the articles, ranging from $.3.37 to $3.83 in amount of the actual marked purchase price. Respondent, prior to the aforementioned purchases, had been duly instructed by HRS personnel concerning the correct procedures to be used in participating in the WIC Program. Further, HRS duly notified Respondent of its intent to take sanctions in the form of a suspension of his participation in the WIC Program.
Findings Of Fact The Petitioner is the mother of Antonio Lewis. On May 9, 1978, Antonio was taken by the Petitioner to the Well Baby Clinic operated by the Escambia County Health Department. Antonio was at that time seven weeks old. He was measured and found to be 23 inches in length, and weighed 12 pounds 14 ounces. Antonio next visited the clinic on July 6, when he was approximately three months old. At that time he was 25 3/4 inches in length and weighed 15 pounds 12 ounces. According to weight/height charts utilized by officials of the Health Department, Antonio is within the 25th percentile, which means that he is heavier for his height than 75 percent of all babies. This places him somewhat above average, but within the normal range. No symptoms of malnourishment were observed at either visit. He had a normal birth weight, has not experienced inordinate weight gains for his height, has not failed to thrive, has grown normally, and it does not appear that his mother had an especially difficult pregnancy. Prior to the age of 6 months, observation is the primary indicator of malnourishment in babies. After that age, hemoglobin or hematocrit tests can be administered to determine certain dietary deficiencies. Prior to the age of 6 months, however, the results of these tests are not valid. The WIC Program is designed to provide dietary aid and assistance to persons who are suffering from malnutrition. It does not appear that Antonio Lewis has any special nutritional needs, or that he is suffering from malnourishment. On July 6, when the Petitioner took Antonio to the clinic, her sister also took her son. Her son, who was 5 1/2 months old and weighed 16 pounds, was found eligible for the program on account of being underweight. The Petitioner felt that since her son weighed 15 pounds 12 ounces and was only 3 months old, he must have been overweight, and eligible for the program. While it is evident that Antonio is on the heavy side of the normal range, it does not appear that his weight is of such magnitude to indicate malnourishment.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That a final order be entered denying the application of Mattie Lewis for WIC Program benefits. RECOMMENDED this 11th day of August, 1978, in Tallahassee, Florida. G. STEVEN PFEIFFER Hearing Officer Division of Administrative Hearings 101 Collins Building Mail: 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Jon W. Searcy, Esquire District One Department of Health and Rehabilitative Services 160 Governmental Center Pensacola, Florida 32501 Mattie L. Lewis 200 Hickory Street, #149 Pensacola, Florida
