Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Homelessness/Migrancy as Nutritional Risk Conditions

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This final rule amends regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) to comply with the mandate of section 204 of the Child Nutrition Amendments of 1992, enacted on August 14, 1992. Consistent with that legislation, and as proposed on April 6, 1994, this rulemaking adds homelessness and migrancy to the predisposing nutritional risk conditions for the WIC Program. For purposes of the WIC Program's nutritional risk priority system, this rule allows State agencies to place individuals certified for WIC solely due to homelessness or migrancy in Priorities IV, V, VI, or, at their option, Priority VII. The use of Priority VII for service to certified participants who might regress in nutritional status without continued provision of supplemental foods would remain a State agency option. The intended effect of this rule is to allow categorical and income-eligible homeless or migrant individuals, who lack any other documented nutritional or medical condition, to receive WIC Program assistance. This final rule also responds to two provisions of section 204 of the Healthy Meals for Healthy Americans Act of 1994 by making technical chan