HF 768

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

A bill for an act
relating to early education; modifying the child care assistance program;
appropriating money; amending Minnesota Statutes 2008, section 119B.13,
subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 119B.13, subdivision 1, is amended to read:

Subdivision 1.

Subsidy restrictions.

(a) Beginning July 1, deleted text begin 2006 deleted text end new text begin 2009 new text end , the maximum
rate paid for child care assistance in any county or multicounty region under the child care
fund shall be the new text begin 75th percentile new text end rate for like-care arrangements in the county deleted text begin effective
January 1, 2006, increased by six percent deleted text end . new text begin Beginning July 1, 2010, maximum provider
rates must be annually adjusted to reflect the 75th percentile for like-care arrangements
in the county or region.
new text end

(b) Rate changes shall be implemented for services provided in September deleted text begin 2006 deleted text end new text begin
2008 new text end unless a participant eligibility redetermination or a new provider agreement is
completed between July 1, deleted text begin 2006 deleted text end new text begin 2009 new text end , and August 31, deleted text begin 2006 deleted text end new text begin 2009 new text end .

As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.

New cases approved on or after July 1, deleted text begin 2006 deleted text end new text begin 2009 new text end , shall have the maximum rates
under paragraph (a), implemented immediately.

(c) Every year, the commissioner shall survey rates charged by child care providers in
Minnesota to determine the 75th percentile for like-care arrangements in counties. When
the commissioner determines that, using the commissioner's established protocol, the
number of providers responding to the survey is too small to determine the 75th percentile
rate for like-care arrangements in a county or multicounty region, the commissioner may
establish the 75th percentile maximum rate based on like-care arrangements in a county,
region, or category that the commissioner deems to be similar.

(d) A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.

(e) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.

(f) When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

(g) All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.

Sec. 2. new text begin APPROPRIATIONS.
new text end

new text begin $....... is appropriated from the general fund in fiscal year 2010 to the commissioner
of human services to eliminate the basic sliding fee waiting list under Minnesota Statutes,
section 119B.03, subdivision 2. For calendar year 2010, funds available under this
appropriation shall be allocated by the commissioner in proportion to each county's most
recently reported number of families on the waiting list, except those in the second priority
as defined in Minnesota Statutes, section 119B.03, subdivision 4. This appropriation shall
be made notwithstanding Minnesota Statutes, section 119B.03, subdivision 6a, and is
added to the department's base.
new text end