HF 1881

as introduced - 91st Legislature (2019 - 2020) Posted on 04/11/2019 12:24pm

A bill for an act
relating to human services; directing commissioner of human services to provide
certain notices on child care assistance program billing forms; modifying child
care assistance program provider requirements; providing for criminal penalties;
amending Minnesota Statutes 2018, sections 119B.02, by adding a subdivision;
119B.125, by adding a subdivision; 119B.13, subdivision 6; 256.984, subdivision
1; 609.48, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 119B.02, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Provider billing forms. new text end

new text begin The commissioner shall include a notice on the billing
form advising providers that the child care provider, center owner, director, manager, license
holder, or other controlling individual and the employee responsible for submitting billing
forms may each be held liable for intentionally providing materially false information on
the provider's billing forms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for billing forms issued on or after July
1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 119B.125, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Declaration and penalty. new text end

new text begin (a) At the time of initial authorization and at each
reauthorization, each child care provider receiving reimbursement for services provided
under this chapter, and all employees of a provider, shall sign the following declaration:
new text end

new text begin "I declare under the penalties of perjury that this registration has been examined by me
and to the best of my knowledge is a true and correct statement of every material point.
I understand that a person convicted of perjury may be sentenced to imprisonment of
not more than five years or to payment of a fine of not more than $10,000, or both."
new text end

new text begin (b) Any person who willfully and falsely makes the declaration in paragraph (a) is guilty
of perjury and shall be subject to the penalties prescribed in section 609.48.
new text end

new text begin (c) Signing registration to receive reimbursement under this chapter pursuant to paragraph
(a) constitutes verification on oath or affirmation as defined in section 358.52, subdivision
16, without administration of an oath under section 358.07 provided that the signature is
affixed immediately below the required declaration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for child care assistance program provider
authorizations and reauthorizations completed on or after July 1, 2019.
new text end

Sec. 3.

Minnesota Statutes 2018, section 119B.13, subdivision 6, is amended to read:

Subd. 6.

Provider payments.

(a) The provider shall bill for services provided within
ten days of the end of the service period. Payments under the child care fund shall be made
within 21 days of receiving a complete bill from the provider. Counties or the state may
establish policies that make payments on a more frequent basis.

(b) If a provider has received an authorization of care and been issued a billing form for
an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be
paid.

(c) If a provider provided care for a time period without receiving an authorization of
care and a billing form for an eligible family, payment of child care assistance may only be
made retroactively for a maximum of six months from the date the provider is issued an
authorization of care and billing form.

new text begin (d) The provider shall receive a notice on the billing form advising providers that the
child care provider, center owner, director, manager, license holder, or other controlling
individual and the employee responsible for submitting billing forms may each be held
liable for intentionally providing materially false information on the provider's billing forms.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A county or the commissioner may refuse to issue a child care authorization to
a licensed or legal nonlicensed provider, revoke an existing child care authorization to a
licensed or legal nonlicensed provider, stop payment issued to a licensed or legal nonlicensed
provider, or refuse to pay a bill submitted by a licensed or legal nonlicensed provider if:

(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;

(2) a county or the commissioner finds by a preponderance of the evidence that the
provider intentionally gave the county materially false information on the provider's billing
forms, or provided false attendance records to a county or the commissioner;

(3) the provider is in violation of child care assistance program rules, until the agency
determines those violations have been corrected;

(4) the provider is operating after:

(i) an order of suspension of the provider's license issued by the commissioner;

(ii) an order of revocation of the provider's license; or

(iii) a final order of conditional license issued by the commissioner for as long as the
conditional license is in effect;

(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request; or

(6) the provider gives false child care price information.

deleted text begin (e) deleted text end new text begin (f) new text end For purposes of paragraph deleted text begin (d) deleted text end new text begin (e) new text end , clauses (3), (5), and (6), the county or the
commissioner may withhold the provider's authorization or payment for a period of time
not to exceed three months beyond the time the condition has been corrected.

deleted text begin (f) deleted text end new text begin (g) new text end A county's payment policies must be included in the county's child care plan under
section 119B.08, subdivision 3. If payments are made by the state, in addition to being in
compliance with this subdivision, the payments must be made in compliance with section
16A.124.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for billing forms issued on or after July
1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 256.984, subdivision 1, is amended to read:

Subdivision 1.

Declaration.

new text begin (a) new text end Every application for public assistance under this chapter
or chapters 256B, 256D, 256J, and 256L; child care programs under chapter 119B; and food
stamps or food support under chapter 393 shall be in writing or reduced to writing as
prescribed by the state agency and shall contain the following declaration which shall be
signed by the applicant:

"I declare under the penalties of perjury that this application has been examined by me
and to the best of my knowledge is a true and correct statement of every material point.
I understand that a person convicted of perjury may be sentenced to imprisonment of
not more than five years or to payment of a fine of not more than $10,000, or both."

new text begin (b) Signing an application for public assistance pursuant to paragraph (a) constitutes
verification on oath or affirmation as defined in section 358.52, subdivision 16, without
administration of an oath under section 358.07 provided that the signature is affixed
immediately below the required declaration.
new text end

Sec. 5.

Minnesota Statutes 2018, section 609.48, subdivision 1, is amended to read:

Subdivision 1.

Acts constituting.

Whoever makes a false material statement not believing
it to be true in any of the following cases is guilty of perjury and may be sentenced as
provided in subdivision 4:

(1) in or for an action, hearing or proceeding of any kind in which the statement is
required or authorized by law to be made under oath or affirmation;

(2) in any writing which is required or authorized by law to be under oath or affirmation;

(3) in any writing made according to section 358.115;

(4) in any writing made according to section 358.116; deleted text begin or
deleted text end

new text begin (5) in any writing made according to sections 119B.125 or 256.984; or
new text end

deleted text begin (5) deleted text end new text begin (6) new text end in any other case in which the penalties for perjury are imposed by law and no
specific sentence is otherwise provided.

Sec. 6. new text begin DIRECTION TO COMMISSIONER; CHILD CARE ASSISTANCE
PROGRAM PROVIDER BILLING.
new text end

new text begin The commissioner of human services shall propose legislation for the 2020 legislative
session necessary to ensure that the child care provider, center owner, director, manager,
license holder, or other controlling individual and the employee responsible for submitting
billing forms are each held liable if materially false information is intentionally provided
to a county on a child care assistance program billing form.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end