1.1                          A bill for an act 
  1.2             relating to child care; limiting payments for certain 
  1.3             absences; amending Minnesota Statutes 2003 Supplement, 
  1.4             section 119B.13, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.7   119B.13, subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [SUBSIDY RESTRICTIONS.] The maximum rate 
  1.9   paid for child care assistance under the child care fund may not 
  1.10  exceed the 75th percentile rate for like-care arrangements in 
  1.11  the county as surveyed by the commissioner.  A rate which 
  1.12  includes a provider bonus paid under subdivision 2 or a special 
  1.13  needs rate paid under subdivision 3 may be in excess of the 
  1.14  maximum rate allowed under this subdivision.  The department 
  1.15  shall monitor the effect of this paragraph on provider rates.  
  1.16  The county shall pay the provider's full charges for every child 
  1.17  in care up to the maximum established.  The commissioner shall 
  1.18  determine the maximum rate for each type of care on an hourly, 
  1.19  full-day, and weekly basis, including special needs and 
  1.20  handicapped care.  Not less than once every two years, the 
  1.21  commissioner shall evaluate market practices for payment of 
  1.22  absences and shall establish policies for payment of absent days 
  1.23  that reflect current market practice. and the requirements of 
  1.24  this section.  The policy for payment of absent days must 
  1.25  include the following provisions: 
  2.1      (1) payment cannot be made for more than 25 absent days, 
  2.2   including holidays, per year per child; 
  2.3      (2) payment cannot be made for more than ten consecutive 
  2.4   absent days per child; 
  2.5      (3) counties may authorize additional absent days for a 
  2.6   child with documented medical needs from a licensed health care 
  2.7   professional if an authorization request to pay additional 
  2.8   absent days for that child has been submitted to and approved by 
  2.9   the commissioner; and 
  2.10     (4) counties may establish a more restrictive absent day 
  2.11  policy if the policy reflects market practice in the county and 
  2.12  is included in the county child care fund plan under section 
  2.13  119B.08. 
  2.14     When the provider charge is greater than the maximum 
  2.15  provider rate allowed, the parent is responsible for payment of 
  2.16  the difference in the rates in addition to any family co-payment 
  2.17  fee.