HF 2037

as introduced - 89th Legislature (2015 - 2016) Posted on 03/19/2015 01:45pm

A bill for an act
relating to human services; modifying requirements for child care assistance
redeterminations of eligibility and recovery of overpayments; amending
Minnesota Statutes 2014, sections 119B.025, subdivision 1, by adding a
subdivision; 119B.09, subdivision 4; 119B.11, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 119B.025, subdivision 1, is amended to
read:

Subdivision 1.

Factors which must be verified.

(a) The county shall verify the
following at all initial child care applications using the universal application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
relative caretaker, or the spouses of any of the foregoing;

(4) age;

(5) immigration status, if related to eligibility;

(6) Social Security number, if given;

(7) income;

(8) spousal support and child support payments made to persons outside the
household;

(9) residence; and

(10) inconsistent information, if related to eligibility.

deleted text begin (b) If a family did not use the universal application or child care addendum to apply
for child care assistance, the family must complete the universal application or child care
addendum at its next eligibility redetermination and the county must verify the factors
listed in paragraph (a) as part of that redetermination. Once a family has completed a
universal application or child care addendum, the county shall use the redetermination
form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
must be redetermined at least every six months. A family is considered to have met the
eligibility redetermination requirement if a complete redetermination form and all required
verifications are received within 30 days after the date the form was due. Assistance shall
be payable retroactively from the redetermination due date. For a family where at least
one parent is under the age of 21, does not have a high school or general equivalency
diploma, and is a student in a school district or another similar program that provides or
arranges for child care, as well as parenting, social services, career and employment
supports, and academic support to achieve high school graduation, the redetermination of
eligibility shall be deferred beyond six months, but not to exceed 12 months, to the end of
the student's school year. If a family reports a change in an eligibility factor before the
family's next regularly scheduled redetermination, the county must recalculate eligibility
without requiring verification of any eligibility factor that did not change.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The commissioner shall develop a redetermination form to redetermine
eligibility and a change report form to report changes that minimize paperwork for the
county and the participant.

Sec. 2.

Minnesota Statutes 2014, section 119B.025, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Redeterminations. new text end

new text begin (a) If a family did not use the universal application
or child care addendum to apply for child care assistance, the family must complete the
universal application or child care addendum at its next eligibility redetermination, and
the county must verify the factors listed in subdivision 1, paragraph (a), as part of that
redetermination. Once a family has completed a universal application or child care
addendum, the county shall use the redetermination form described in subdivision 1,
paragraph (b), for that family's subsequent redeterminations.
new text end

new text begin (b) Eligibility must be redetermined at least every 12 months. A family is considered
to have met the eligibility redetermination requirement if a complete redetermination form
and all required verifications are received within 30 days after the date the form was due.
Assistance shall be payable retroactively from the redetermination due date.
new text end

new text begin (c) If a family reports a change in an eligibility factor before the family's next
regularly scheduled redetermination, the county must recalculate eligibility without
requiring verification of any eligibility factor that did not change. When there is a change
in an eligibility factor reported by the participant at application or at the most recent
redetermination of eligibility, the participant must report the new information to the
county within ten calendar days after the change occurs. This reporting requirement
applies to changes in income, residence, employment status, education or training status,
family status, or family size.
new text end

Sec. 3.

Minnesota Statutes 2014, section 119B.09, subdivision 4, is amended to read:

Subd. 4.

Eligibility; annual income; calculation.

Annual income of the applicant
family is the current monthly income of the family multiplied by 12 or the income for
the 12-month period immediately preceding the date of application, or income calculated
by the method which provides the most accurate assessment of income available to the
family. Self-employment income must be calculated based on gross receipts less operating
expenses. Income must be recalculated when the family's income changes, but no less
often than every deleted text begin six deleted text end new text begin 12 new text end months. deleted text begin For a family where at least one parent is under the age
of 21, does not have a high school or general equivalency diploma, and is a student in
a school district or another similar program that provides or arranges for child care,
as well as parenting, social services, career and employment supports, and academic
support to achieve high school graduation, income must be recalculated when the family's
income changes, but otherwise shall be deferred beyond six months, but not to exceed 12
months, to the end of the student's school year. deleted text end Income must be verified with documentary
evidence. If the applicant does not have sufficient evidence of income, verification must
be obtained from the source of the income.

Sec. 4.

Minnesota Statutes 2014, section 119B.11, subdivision 2a, is amended to read:

Subd. 2a.

Recovery of overpayments.

(a) An amount of child care assistance
paid to a recipient new text begin or provider new text end in excess of the payment due is recoverable by the county
agency under paragraphs (b) and (c), even when the overpayment was caused by deleted text begin agency
error or deleted text end circumstances outside the responsibility and control of the family or provider. new text begin
Notwithstanding any provision to the contrary in this subdivision, an overpayment must
be recovered, regardless of amount or time period, if the overpayment was caused by
wrongfully obtaining assistance under section 256.98 or benefits paid while an action is
pending appeal under section 119B.16, to the extent the commissioner finds on appeal that
the appellant was not eligible for the amount of child care assistance paid.
new text end

(b) An overpayment must be recouped or recovered from the family if the
overpayment benefited the family by causing the family to pay less for child care expenses
than the family otherwise would have been required to pay under child care assistance
program requirements. new text begin Family overpayments must be established and recovered in
accordance with clauses (1) to (5).
new text end

new text begin (1) If the overpayment is estimated to be less than $500, the overpayment must not be
established or collected. Any portion of the overpayment that occurred more than one year
prior to the date of the overpayment determination must not be established or collected.
new text end

new text begin (2) new text end If the family remains eligible for child care assistance new text begin and an overpayment is
established new text end , the overpayment must be recovered through recoupment as identified in
Minnesota Rules, part 3400.0187, except that the overpayments must be calculated and
collected on a service period basis. deleted text begin If the family no longer remains eligible for child
care assistance, the county may choose to initiate efforts to recover overpayments from
the family for overpayment less than $50.
deleted text end

new text begin (3) new text end If the new text begin family is no longer eligible for child care assistance and an new text end overpayment
is deleted text begin greater than or equal to $50 deleted text end new text begin established new text end , the county shall seek voluntary repayment of
the overpayment from the family.

new text begin (4) new text end If the county is unable to recoup the overpayment through voluntary repayment,
the county shall initiate civil court proceedings to recover the overpayment unless the
county's costs to recover the overpayment will exceed the amount of the overpayment.

new text begin (5) new text end A family with an outstanding debt under this subdivision is not eligible for
child care assistance until:

deleted text begin (1) deleted text end new text begin (i) new text end the debt is paid in full; or

deleted text begin (2) deleted text end new text begin (ii) new text end satisfactory arrangements are made with the county to retire the debt
consistent with the requirements of this chapter and Minnesota Rules, chapter 3400, and
the family is in compliance with the arrangements.

(c) The county must recover an overpayment from a provider if the overpayment did
not benefit the family by causing it to receive more child care assistance or to pay less
for child care expenses than the family otherwise would have been eligible to receive
or required to pay under child care assistance program requirements, and benefited the
provider by causing the provider to receive more child care assistance than otherwise
would have been paid on the family's behalf under child care assistance program
requirements. If the provider continues to care for children receiving child care assistance,
the overpayment must be recovered through reductions in child care assistance payments
for services as described in an agreement with the county. The provider may not charge
families using that provider more to cover the cost of recouping the overpayment. If the
provider no longer cares for children receiving child care assistance, the county may
choose to initiate efforts to recover overpayments of less than $50 from the provider. If the
overpayment is greater than or equal to $50, the county shall seek voluntary repayment of
the overpayment from the provider. If the county is unable to recoup the overpayment
through voluntary repayment, the county shall initiate civil court proceedings to recover
the overpayment unless the county's costs to recover the overpayment will exceed the
amount of the overpayment. A provider with an outstanding debt under this subdivision is
not eligible to care for children receiving child care assistance until:

(1) the debt is paid in full; or

(2) satisfactory arrangements are made with the county to retire the debt consistent
with the requirements of this chapter and Minnesota Rules, chapter 3400, and the provider
is in compliance with the arrangements.

(d) When both the family and the provider acted together to intentionally cause the
overpayment, both the family and the provider are jointly liable for the overpayment
regardless of who benefited from the overpayment. The county must recover the
overpayment as provided in paragraphs (b) and (c). When the family or the provider is in
compliance with a repayment agreement, the party in compliance is eligible to receive
child care assistance or to care for children receiving child care assistance despite the
other party's noncompliance with repayment arrangements.

new text begin (e) An overpayment caused by agency error must not be established or collected.
An overpayment caused by more than one reason must not be established or collected
if any portion of the overpayment is due to agency error. This paragraph does not
apply if the overpayment was caused in part by wrongfully obtaining assistance under
section 256.98 or benefits paid pending appeal under section 119B.16, to the extent that
the commissioner finds on appeal that the appellant was not eligible for the amount of
child care assistance paid.
new text end