HF 2114

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 03:10pm

A bill for an act
relating to human services; modifying child care assistance maximum rates,
absent days, registration fees, and activity fees; amending Minnesota Statutes
2013 Supplement, section 119B.13, subdivisions 1, 7.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 119B.13, subdivision 1, is
amended to read:

Subdivision 1.

Subsidy restrictions.

(a) Beginning deleted text begin February 3 deleted text end new text begin July 1 new text end , 2014, the
maximum rate paid for child care assistance in any county or county price cluster under
the child care fund deleted text begin shall be the greater of the 25th percentile of the 2011 child care
provider rate survey or the maximum rate effective November 28, 2011 deleted text end new text begin may not exceed
the 75th percentile rate for like-care arrangements as surveyed by the commissioner in the
most recent biennial child care market rate survey under section 119B.02, subdivision 7 new text end .
The commissioner may: (1) assign a county with no reported provider prices to a similar
price cluster; and (2) consider county level access when determining final price clusters.

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

(c) 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. The
maximum payment to a provider for one day of care must not exceed the daily rate. The
maximum payment to a provider for one week of care must not exceed the weekly rate.

(d) deleted text begin Child care providers receiving reimbursement under this chapter must not be
paid activity fees or an additional amount above the maximum rates for care provided
during nonstandard hours for families receiving assistance. deleted text end new text begin If, in addition to a provider's
base rate, a provider charges activity fees that are not optional, the activity fees shall be
incorporated into the base rate and the provider may be paid up to the maximum provider
rate for the county or county price cluster, from the child care fund.
new text end

(e) 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.

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

(g) deleted text begin Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum
deleted text end Registration fees deleted text begin in effect on January 1, 2013, shall remain in effect deleted text end new text begin shall be paid
according to Minnesota Rules, part 3400.0130, subpart 7 new text end .

new text begin (h) Not less than once every two years, the commissioner shall evaluate market
practices for payment of absences and shall establish policies for payment of absent days
that reflect current market practices.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 119B.13, subdivision 7, is
amended to read:

Subd. 7.

Absent days.

deleted text begin (a) Licensed child care providers and license-exempt
centers must not be reimbursed for more than 25 full-day absent days per child, excluding
holidays, in a fiscal year, or for more than ten consecutive full-day absent days. Legal
nonlicensed family child care providers must not be reimbursed for absent days. If a child
attends for part of the time authorized to be in care in a day, but is absent for part of the
time authorized to be in care in that same day, the absent time must be reimbursed but
the time must not count toward the absent days limit. Child care providers must only be
reimbursed for absent days if the provider has a written policy for child absences and
charges all other families in care for similar absences.
deleted text end

deleted text begin (b) Notwithstanding paragraph (a), children with documented medical conditions
that cause more frequent absences may exceed the 25 absent days limit, or ten consecutive
full-day absent days limit. Absences due to a documented medical condition of a parent
or sibling who lives in the same residence as the child receiving child care assistance
do not count against the absent days limit in a fiscal year. Documentation of medical
conditions must be on the forms and submitted according to the timelines established by
the commissioner. A public health nurse or school nurse may verify the illness in lieu of
a medical practitioner. If a provider sends a child home early due to a medical reason,
including, but not limited to, fever or contagious illness, the child care center director or
lead teacher may verify the illness in lieu of a medical practitioner.
deleted text end

deleted text begin (c) Notwithstanding paragraph (a), children in families may exceed the absent days
limit if at least one parent: (1) is under the age of 21; (2) does not have a high school or
general equivalency diploma; and (3) is a student in a school district or another similar
program that provides or arranges for child care, parenting support, social services, career
and employment supports, and academic support to achieve high school graduation, upon
request of the program and approval of the county. If a child attends part of an authorized
day, payment to the provider must be for the full amount of care authorized for that day.
deleted text end

deleted text begin (d) Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for these days
and the holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays. Holidays do not count toward the absent days limit.
deleted text end

deleted text begin (e) A family or child care provider must not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care authorized for the
family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.
deleted text end

deleted text begin (f) The provider and family shall receive notification of the number of absent days
used upon initial provider authorization for a family and ongoing notification of the
number of absent days used as of the date of the notification.
deleted text end

deleted text begin (g) For purposes of this subdivision, "absent days limit" means 25 full-day absent
days per child, excluding holidays, in a fiscal year; and ten consecutive full-day absent
days. deleted text end new text begin In the rules adopted under section 119B.02, subdivision 1, county and human
services boards shall be authorized to establish policies for payment of child care spaces
for absent children, when the payment is required by the child's regular provider. The rules
shall not set a maximum number of days for which absence payments can be made, but
instead shall require child care providers to notify the county if the child is absent five
consecutive days or ten days in a calendar month.
new text end