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HF 107

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 02/06/2013 06:43pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/17/2013
1st Engrossment Posted on 02/06/2013

Current Version - 1st Engrossment

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A bill for an act
relating to human services; modifying child care assistance absent days;
amending Minnesota Statutes 2012, section 119B.13, subdivision 7.

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

Section 1.

Minnesota Statutes 2012, section 119B.13, subdivision 7, is amended to read:


Subd. 7.

Absent days.

(a) Licensed child care providers and license-exempt centers
must not be reimbursed for more than deleted text begin tendeleted text end new text begin 25new text end full-day absent days per child, excluding
holidays, in a fiscal yearnew text begin , or for more than ten consecutive full-day absent daysnew text end . 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 deleted text begin tendeleted text end absent deleted text begin daydeleted text end new text begin daysnew text end 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.

new 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.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end Notwithstanding paragraph (a), children in families may exceed the deleted text begin tendeleted text end 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 begin (c)deleted text end new text begin (d)new text end 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 deleted text begin tendeleted text end absent deleted text begin daydeleted text end new text begin daysnew text end limit.

deleted text begin (d)deleted text end new text begin (e)new text end 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 begin (e)deleted text end new text begin (f)new text end 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.

new 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.
new text end