1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/24/2003 | |
1st Engrossment | Posted on 04/03/2003 |
1.1 A bill for an act 1.2 relating to child care assistance; preventing fraud; 1.3 permitting a county fee for a criminal background 1.4 check; amending Minnesota Statutes 2002, sections 1.5 119B.011, subdivisions 19, 21, adding a subdivision; 1.6 119B.09, by adding a subdivision; 119B.11, subdivision 1.7 2a; 119B.13, subdivision 6; 119B.16, subdivision 2, 1.8 adding subdivisions; 245A.10; 256.046, subdivision 1; 1.9 256.0471, subdivision 1; 256.98, subdivision 8; 1.10 466.03, subdivision 6d; proposing coding for new law 1.11 in Minnesota Statutes, chapter 119B. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 2002, section 119B.011, 1.14 subdivision 19, is amended to read: 1.15 Subd. 19. [PROVIDER.] "Provider" means: (1) an individual 1.16 or child care center or facility, either licensed or unlicensed, 1.17 providing legal child care services as defined under section 1.18 245A.03; or (2) an individual or child care center or facility 1.19 holding a valid child care license issued by another state or a 1.20 tribe and providing child care services in the licensing state 1.21 or in the area under the licensing tribe's jurisdiction. A 1.22 legally unlicensedregisteredfamily child care provider must be 1.23 at least 18 years of age, and not a member of the MFIP 1.24 assistance unit or a member of the family receiving child care 1.25 assistance to be authorized under this chapter. 1.26 Sec. 2. Minnesota Statutes 2002, section 119B.011, is 1.27 amended by adding a subdivision to read: 1.28 Subd. 19a. [REGISTRATION.] "Registration" means the 2.1 process used by a county to determine whether the provider 2.2 selected by a family applying for or receiving child care 2.3 assistance to care for that family's children meets the 2.4 requirements necessary for payment of child care assistance for 2.5 care provided by that provider. 2.6 Sec. 3. Minnesota Statutes 2002, section 119B.011, 2.7 subdivision 21, is amended to read: 2.8 Subd. 21. [RECOUPMENT OF OVERPAYMENTS.] "Recoupment of 2.9 overpayments" means the reduction of child care assistance 2.10 payments to an eligible family or a child care provider in order 2.11 to correct an overpaymentto the family even when the2.12overpayment is due to agency error or other circumstances2.13outside the responsibility or control of the familyof child 2.14 care assistance. 2.15 Sec. 4. [119B.025] [DUTIES OF COUNTIES.] 2.16 Subdivision 1. [FACTORS WHICH MUST BE VERIFIED.] The 2.17 county shall verify the following at all child care applications 2.18 and all recertifications using the universal application: 2.19 (1) identity of adults; 2.20 (2) presence of the minor child in the home, if 2.21 questionable; 2.22 (3) relationship of minor child to caregivers; 2.23 (4) age; 2.24 (5) immigration status, if related to eligibility; 2.25 (6) social security number, if given; 2.26 (7) income; 2.27 (8) spousal support and child support payments made to 2.28 persons outside the household; 2.29 (9) residence; 2.30 (10) inconsistent information, if related to eligibility; 2.31 and 2.32 (11) any other information the county deems necessary to 2.33 determine eligibility. 2.34 Subd. 2. [SOCIAL SECURITY NUMBERS.] The county must 2.35 request social security numbers from all applicants for child 2.36 care assistance under this chapter. A county may not deny child 3.1 care assistance solely on the basis of failure of an applicant 3.2 to report a social security number. 3.3 Sec. 5. Minnesota Statutes 2002, section 119B.09, is 3.4 amended by adding a subdivision to read: 3.5 Subd. 9. [PAYMENT OF FUNDS.] All federal, state, and local 3.6 child care funds must be paid directly to the child care 3.7 provider, either licensed or legal nonlicensed, on behalf of the 3.8 eligible family. 3.9 Sec. 6. Minnesota Statutes 2002, section 119B.11, 3.10 subdivision 2a, is amended to read: 3.11 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] (a) An amount of 3.12 child care assistance paid to a recipient in excess of the 3.13 payment due is recoverable by the county agency under paragraphs 3.14 (b) and (c), even when the overpayment was caused by agency 3.15 error or circumstances outside the responsibility and control of 3.16 the family or provider. 3.17 (b) An overpayment must be recouped or recovered from the 3.18 family if the overpayment benefited the family by causing the 3.19 family to pay less for child care expenses than the family 3.20 otherwise would have been required to pay under child care 3.21 assistance program requirements. If the family remains eligible 3.22 for child care assistance, the overpayment must be recovered 3.23 through recoupment as identified in Minnesota Rules, 3.24 part3400.0140, subpart 193400.0187. If the family no longer 3.25 remains eligible for child care assistance, the county may 3.26 choose to initiate efforts to recover overpayments from the 3.27 family for overpayment less than $50. If the overpayment is 3.28 greater than or equal to $50, the county shall seek voluntary 3.29 repayment of the overpayment from the family. If the county is 3.30 unable to recoup the overpayment through voluntary repayment, 3.31 the county shall initiate civil court proceedings to recover the 3.32 overpayment unless the county's costs to recover the overpayment 3.33 will exceed the amount of the overpayment. A family with an 3.34 outstanding debt under this subdivision is not eligible for 3.35 child care assistance until: (1) the debt is paid in full; or 3.36 (2) satisfactory arrangements are made with the county to retire 4.1 the debt consistent with the requirements of this chapter and 4.2 Minnesota Rules, chapter 3400, and the family is in compliance 4.3 with the arrangements. 4.4 (c) The county must recover an overpayment from a provider 4.5 if the overpayment did not benefit the family by causing it to 4.6 receive more child care assistance or to pay less for child care 4.7 expenses than the family otherwise would have been eligible to 4.8 receive or required to pay under child care assistance program 4.9 requirements, and benefited the provider by causing the provider 4.10 to receive more child care assistance than otherwise would have 4.11 been paid on the family's behalf under child care assistance 4.12 program requirements. If the provider continues to care for 4.13 children receiving child care assistance, the overpayment must 4.14 be recovered through reductions in child care assistance 4.15 payments for services as described in an agreement with the 4.16 county. The provider may not charge families using that 4.17 provider more to cover the cost of recouping the overpayment. 4.18 If the provider no longer cares for children receiving child 4.19 care assistance, the county may choose to initiate efforts to 4.20 recover overpayments of less than $50 from the provider. If the 4.21 overpayment is greater than or equal to $50, the county shall 4.22 seek voluntary repayment of the overpayment from the provider. 4.23 If the county is unable to recoup the overpayment through 4.24 voluntary repayment, the county shall initiate civil court 4.25 proceedings to recover the overpayment unless the county's costs 4.26 to recover the overpayment will exceed the amount of the 4.27 overpayment. A provider with an outstanding debt under this 4.28 subdivision is not eligible to care for children receiving child 4.29 care assistance until: (1) the debt is paid in full; or (2) 4.30 satisfactory arrangements are made with the county to retire the 4.31 debt consistent with the requirements of this chapter and 4.32 Minnesota Rules, chapter 3400, and the provider is in compliance 4.33 with the arrangements. 4.34 (d) When both the family and the provider acted together to 4.35 intentionally cause the overpayment, both the family and the 4.36 provider are jointly liable for the overpayment regardless of 5.1 who benefited from the overpayment. The county must recover the 5.2 overpayment as provided in paragraphs (b) and (c). When the 5.3 family or the provider is in compliance with a repayment 5.4 agreement, the party in compliance is eligible to receive child 5.5 care assistance or to care for children receiving child care 5.6 assistance despite the other party's noncompliance with 5.7 repayment arrangements. 5.8 Sec. 7. [119B.125] [PROVIDER REQUIREMENTS.] 5.9 Subdivision 1. [AUTHORIZATION.] Except as provided in 5.10 subdivision 5, a county must authorize a provider to receive 5.11 child care assistance payments before the county makes payment 5.12 for care provided by that provider. The commissioner must 5.13 establish the requirements necessary for authorization of 5.14 providers. 5.15 Subd. 2. [PERSONS WHO CANNOT BE AUTHORIZED.] (a) A person 5.16 who meets any of the conditions under paragraphs (b) to (n) must 5.17 not be authorized as a legal nonlicensed family child care 5.18 provider. For purposes of this subdivision, a finding that a 5.19 delinquency petition is proven in juvenile court must be 5.20 considered a conviction in state district court. 5.21 (b) The person has been convicted of one of the following 5.22 offenses or has admitted to committing or a preponderance of the 5.23 evidence indicates that the person has committed an act that 5.24 meets the definition of one of the following offenses: sections 5.25 609.185 to 609.195, murder in the first, second, or third 5.26 degree; 609.2661 to 609.2663, murder of an unborn child in the 5.27 first, second, or third degree; 609.322, solicitation, 5.28 inducement, or promotion of prostitution; 609.323, receiving 5.29 profit from prostitution; 609.342 to 609.345, criminal sexual 5.30 conduct in the first, second, third, or fourth degree; 609.352, 5.31 solicitation of children to engage in sexual conduct; 609.365, 5.32 incest; 609.377, felony malicious punishment of a child; 5.33 617.246, use of minors in sexual performance; 617.247, 5.34 possession of pictorial representation of a minor; 609.2242 to 5.35 609.2243, felony domestic assault; a felony offense of spousal 5.36 abuse; a felony offense of child abuse or neglect; a felony 6.1 offense of a crime against children; or an attempt or conspiracy 6.2 to commit any of these offenses as defined in Minnesota 6.3 Statutes; or an offense in any other state or country where the 6.4 elements are substantially similar to any of the offenses listed 6.5 in this paragraph. 6.6 (c) Less than 15 years have passed since the discharge of 6.7 the sentence imposed for the offense and the person has received 6.8 a felony conviction for one of the following offenses, or the 6.9 person has admitted to committing or a preponderance of the 6.10 evidence indicates that the person has committed an act that 6.11 meets the definition of a felony conviction for one of the 6.12 following offenses: sections 609.20 to 609.205, manslaughter in 6.13 the first or second degree; 609.21, criminal vehicular homicide; 6.14 609.215, aiding suicide or aiding attempted suicide; 609.221 to 6.15 609.2231, assault in the first, second, third, or fourth degree; 6.16 609.224, repeat offenses of fifth degree assault; 609.228, great 6.17 bodily harm caused by distribution of drugs; 609.2325, criminal 6.18 abuse of a vulnerable adult; 609.2335, financial exploitation of 6.19 a vulnerable adult; 609.235, use of drugs to injure or 6.20 facilitate a crime; 609.24, simple robbery; 617.241, repeat 6.21 offenses of obscene materials and performances; 609.245, 6.22 aggravated robbery; 609.25, kidnapping; 609.255, false 6.23 imprisonment; 609.2664 to 609.2665, manslaughter of an unborn 6.24 child in the first or second degree; 609.267 to 609.2672, 6.25 assault of an unborn child in the first, second, or third 6.26 degree; 609.268, injury or death of an unborn child in the 6.27 commission of a crime; 609.27, coercion; 609.275, attempt to 6.28 coerce; 609.324, subdivision 1, other prohibited acts, minor 6.29 engaged in prostitution; 609.3451, repeat offenses of criminal 6.30 sexual conduct in the fifth degree; 609.378, neglect or 6.31 endangerment of a child; 609.52, theft; 609.521, possession of 6.32 shoplifting gear; 609.561 to 609.563, arson in the first, 6.33 second, or third degree; 609.582, burglary in the first, second, 6.34 third, or fourth degree; 609.625, aggravated forgery; 609.63, 6.35 forgery; 609.631, check forgery, offering a forged check; 6.36 609.635, obtaining signature by false pretenses; 609.66, 7.1 dangerous weapon; 609.665, setting a spring gun; 609.67, 7.2 unlawfully owning, possessing, or operating a machine gun; 7.3 609.687, adulteration; 609.71, riot; 609.713, terrorist threats; 7.4 609.749, harassment, stalking; 260.221, grounds for termination 7.5 of parental rights; 152.021 to 152.022, controlled substance 7.6 crime in the first or second degree; 152.023, subdivision 1, 7.7 clause (3) or (4), or 152.023, subdivision 2, clause (4), 7.8 controlled substance crime in third degree; 152.024, subdivision 7.9 1, clause (2), (3), or (4), controlled substance crime in fourth 7.10 degree; 617.23, repeat offenses of indecent exposure; an attempt 7.11 or conspiracy to commit any of these offenses as defined in 7.12 Minnesota Statutes; or an offense in any other state or country 7.13 where the elements are substantially similar to any of the 7.14 offenses listed in this paragraph. 7.15 (d) Less than ten years have passed since the discharge of 7.16 the sentence imposed for the offense and the person has received 7.17 a gross misdemeanor conviction for one of the following offenses 7.18 or the person has admitted to committing or a preponderance of 7.19 the evidence indicates that the person has committed an act that 7.20 meets the definition of a gross misdemeanor conviction for one 7.21 of the following offenses: sections 609.224, fifth degree 7.22 assault; 609.2242 to 609.2243, domestic assault; 518B.01, 7.23 subdivision 14, violation of an order for protection; 609.3451, 7.24 fifth degree criminal sexual conduct; 609.746, repeat offenses 7.25 of interference with privacy; 617.23, repeat offenses of 7.26 indecent exposure; 617.241, obscene materials and performances; 7.27 617.243, indecent literature, distribution; 617.293, 7.28 disseminating or displaying harmful material to minors; 609.71, 7.29 riot; 609.66, dangerous weapons; 609.749, harassment, stalking; 7.30 609.224, subdivision 2, paragraph (c), fifth degree assault 7.31 against a vulnerable adult by a caregiver; 609.23, mistreatment 7.32 of persons confined; 609.231, mistreatment of residents or 7.33 patients; 609.2325, criminal abuse of a vulnerable adult; 7.34 609.2335, financial exploitation of a vulnerable adult; 609.233, 7.35 criminal neglect of a vulnerable adult; 609.234, failure to 7.36 report maltreatment of a vulnerable adult; 609.72, subdivision 8.1 3, disorderly conduct against a vulnerable adult; 609.265, 8.2 abduction; 609.378, neglect or endangerment of a child; 609.377, 8.3 malicious punishment of a child; 609.324, subdivision 1a, other 8.4 prohibited acts, minor engaged in prostitution; 609.33, 8.5 disorderly house; 609.52, theft; 609.582, burglary in the first, 8.6 second, third, or fourth degree; 609.631, check forgery, 8.7 offering a forged check; 609.275, attempt to coerce; an attempt 8.8 or conspiracy to commit any of these offenses as defined in 8.9 Minnesota Statutes; or an offense in any other state or country 8.10 where the elements are substantially similar to any of the 8.11 offenses listed in this paragraph. 8.12 (e) Less than seven years have passed since the discharge 8.13 of the sentence imposed for the offense and the person has 8.14 received a misdemeanor conviction for one of the following 8.15 offenses or the person has admitted to committing or a 8.16 preponderance of the evidence indicates that the person has 8.17 committed an act that meets the definition of a misdemeanor 8.18 conviction for one of the following offenses: sections 609.224, 8.19 fifth degree assault; 609.2242, domestic assault; 518B.01, 8.20 violation of an order for protection; 609.3232, violation of an 8.21 order for protection; 609.746, interference with privacy; 8.22 609.79, obscene or harassing telephone calls; 609.795, letter, 8.23 telegram, or package, opening, harassment; 617.23, indecent 8.24 exposure; 609.2672, assault of an unborn child, third degree; 8.25 617.293, dissemination and display of harmful materials to 8.26 minors; 609.66, dangerous weapons; 609.665, spring guns; an 8.27 attempt or conspiracy to commit any of these offenses as defined 8.28 in Minnesota Statutes; or an offense in any other state or 8.29 country where the elements are substantially similar to any of 8.30 the offenses listed in this paragraph. 8.31 (f) The person has been identified by the county's child 8.32 protection agency or by the statewide child protection database 8.33 as the person responsible for physical or sexual abuse of a 8.34 child within the last seven years. 8.35 (g) The person has been identified by the county's adult 8.36 protection agency or by the statewide adult protection database 9.1 as the person responsible for abuse or neglect of a vulnerable 9.2 adult within the last seven years. 9.3 (h) The person has refused to give written consent for 9.4 disclosure of criminal history records. 9.5 (i) The person has been denied a family child care license 9.6 or has received a fine or a sanction as a licensed child care 9.7 provider that has not been reversed on appeal. 9.8 (j) The person has a family child care licensing 9.9 disqualification that has not been set aside. 9.10 (k) The person has admitted or a county has found that 9.11 there is a preponderance of evidence that fraudulent information 9.12 was given to the county for application purposes or was used in 9.13 submitting bills for payment. 9.14 (l) The person has been convicted or there is a 9.15 preponderance of evidence of the crime of theft by wrongfully 9.16 obtaining public assistance. 9.17 (m) The person has a household member age 13 or older who 9.18 has access to children during the hours that care is provided 9.19 and who meets one of the conditions listed in paragraphs (b) to 9.20 (l). 9.21 (n) The person has a household member ages ten to 12 who 9.22 has access to children during the hours that care is provided; 9.23 information or circumstances exist which provide the county with 9.24 articulable suspicion that further pertinent information may 9.25 exist showing the household member meets one of the conditions 9.26 listed in paragraphs (b) to (l); and the household member 9.27 actually meets one of the conditions listed in paragraphs (b) to 9.28 (l). 9.29 Subd. 3. [AUTHORIZATION EXCEPTION.] When a county denies a 9.30 person authorization as a legal nonlicensed family child care 9.31 provider under subdivision 2, the county later may authorize 9.32 that person as a provider if the following conditions are met: 9.33 (1) after receiving notice of the denial of the 9.34 authorization, the person applies for and obtains a valid child 9.35 care license issued under chapter 245A, issued by a tribe, or 9.36 issued by another state; 10.1 (2) the person maintains the valid child care license; and 10.2 (3) the person is providing child care in the state of 10.3 licensure or in the area under the jurisdiction of the licensing 10.4 tribe. 10.5 Subd. 4. [UNSAFE CARE.] A county may deny authorization as 10.6 a child care provider to any applicant or rescind authorization 10.7 of any provider when the county knows or has reason to believe 10.8 that the provider is unsafe or that the circumstances of the 10.9 chosen child care arrangement are unsafe, even when the grounds 10.10 supporting this determination are not listed in subdivision 2. 10.11 The county must include in the county's child care fund plan 10.12 under section 119B.08, subdivision 3, the standards used to 10.13 determine whether a provider or care arrangement is unsafe. 10.14 Subd. 5. [RETROACTIVE PAYMENT.] Once a provider receives 10.15 county authorization, the county may issue retroactive payment 10.16 to the provider for child care services provided during the time 10.17 between the county's receipt of the completed application and 10.18 final authorization of the provider. 10.19 Subd. 6. [RECORD KEEPING REQUIREMENT.] All providers must 10.20 keep daily attendance records for children receiving child care 10.21 assistance and must make those records available immediately to 10.22 the county upon request. The daily attendance records must be 10.23 retained for six years after the date of service. A county may 10.24 deny authorization as a child care provider to any applicant or 10.25 rescind authorization of any provider when the county knows or 10.26 has reason to believe that the provider has not complied with 10.27 the record keeping requirement in this subdivision. 10.28 Sec. 8. Minnesota Statutes 2002, section 119B.13, 10.29 subdivision 6, is amended to read: 10.30 Subd. 6. [PROVIDER PAYMENTS.] (a) Counties or the state 10.31 shall make vendor payments to the child care provideror pay the10.32parent directlyfor eligible child care expenses. 10.33 (b) Ifpayments for child care assistance are made to10.34providers,the child care facility is a center and has the 10.35 ability to bill electronically and keeps a detailed sign in/sign 10.36 out log, then the parent or guardian is not required to sign the 11.1 bill. If the provider does not keep detailed log sheets, both 11.2 the parent or guardian and the provider must sign the bill for 11.3 services rendered before payment is issued. For licensed family 11.4 child care and legal nonlicensed child care providers, both the 11.5 parent or guardian and the provider must sign the bill. The 11.6 provider shall bill the county for services provided within ten 11.7 days of the end of themonth ofservice period. If bills are 11.8 submittedin accordance with the provisions of this11.9subdivisionwithin ten days of the end of the service period, a 11.10 county or the state shall issue payment to the provider of child 11.11 care under the child care fund within 30 days of receivingan11.12invoicea bill from the provider. Counties or the state may 11.13 establish policies that make payments on a more frequent basis. 11.14 (c) All bills must be submitted within 60 days of the last 11.15 date of service on the bill. A county may pay a bill submitted 11.16 more than 60 days after the last date of service if the provider 11.17 shows good cause why the bill was not submitted within 60 days. 11.18 Good cause must be defined in the county's child care fund plan 11.19 under section 119B.08, subdivision 3, and the definition of good 11.20 cause must include county error. A county may not pay any bill 11.21 submitted more than one year after the last date of service on 11.22 the bill. 11.23 (d) A county may stop payment issued to a provider or may 11.24 refuse to pay a bill submitted by a provider if: 11.25 (1) the provider admits to intentionally providing the 11.26 county with false information on the provider's billing forms; 11.27 or 11.28 (2) a county finds by a preponderance of the evidence that 11.29 the provider intentionally gave the county false information on 11.30 the provider's billing forms. 11.31 (e) A county's payment policies must be included in the 11.32 county's child care plan under section 119B.08, subdivision 3. 11.33 If payments are made by the state, in addition to being in 11.34 compliance with this subdivision, the payments must be made in 11.35 compliance with section 16A.124. 11.36 Sec. 9. Minnesota Statutes 2002, section 119B.16, is 12.1 amended by adding a subdivision to read: 12.2 Subd. 1a. [FAIR HEARING ALLOWED FOR PROVIDERS.] (a) This 12.3 subdivision applies to providers caring for children receiving 12.4 child care assistance. 12.5 (b) A provider to whom a county agency has assigned 12.6 responsibility for an overpayment may request a fair hearing in 12.7 accordance with section 256.045 for the limited purpose of 12.8 challenging the assignment of responsibility for the overpayment 12.9 and the amount of the overpayment. The scope of the fair 12.10 hearing does not include the issues of whether the provider 12.11 wrongfully obtained public assistance in violation of section 12.12 256.98 or was properly disqualified under section 256.98, 12.13 subdivision 8, paragraph (c), unless the fair hearing has been 12.14 combined with an administrative disqualification hearing brought 12.15 against the provider under section 256.046. 12.16 Sec. 10. Minnesota Statutes 2002, section 119B.16, is 12.17 amended by adding a subdivision to read: 12.18 Subd. 1b. [JOINT FAIR HEARINGS.] When a provider requests 12.19 a fair hearing under subdivision 1a, the family in whose case 12.20 the overpayment was created must be made a party to the fair 12.21 hearing. All other issues raised by the family must be resolved 12.22 in the same proceeding. When a family requests a fair hearing 12.23 and claims that the county should have assigned responsibility 12.24 for an overpayment to a provider, the provider must be made a 12.25 party to the fair hearing. The referee assigned to a fair 12.26 hearing may join a family or a provider as a party to the fair 12.27 hearing whenever joinder of that party is necessary to fully and 12.28 fairly resolve overpayment issues raised in the appeal. 12.29 Sec. 11. Minnesota Statutes 2002, section 119B.16, 12.30 subdivision 2, is amended to read: 12.31 Subd. 2. [INFORMAL CONFERENCE.] The county agency shall 12.32 offer an informal conference to applicants and recipients 12.33 adversely affected by an agency action to attempt to resolve the 12.34 dispute. The county agency shall offer an informal conference 12.35 to providers to whom the county agency has assigned 12.36 responsibility for an overpayment in an attempt to resolve the 13.1 dispute. The county agency or the provider may ask the family 13.2 in whose case the overpayment arose to participate in the 13.3 informal conference, but the family may refuse to do so. The 13.4 county agency shall advise adversely affected applicantsand, 13.5 recipients, and providers that a request for a conference with 13.6 the agency is optional and does not delay or replace the right 13.7 to a fair hearing. 13.8 Sec. 12. Minnesota Statutes 2002, section 245A.10, is 13.9 amended to read: 13.10 245A.10 [FEES.] 13.11 (a) The commissioner shall charge a fee for evaluation of 13.12 applications and inspection of programs, other thanfamily day13.13care andfoster care, which are licensed under this chapter. 13.14 The commissioner may charge a fee for the licensing of school 13.15 age child care programs, in an amount sufficient to cover the 13.16 cost to the state agency of processing the license. 13.17 (b) Pursuant to section 119B.125, a county agency may 13.18 charge a fee to a legal nonlicensed child care provider or 13.19 applicant equal to the actual cost of conducting a criminal 13.20 background check, up to a maximum of $100. 13.21 (c) Counties may allow providers to pay the applicant fees 13.22 in paragraph (b) on an installment basis for up to one year. If 13.23 the provider is receiving child care assistance payments from 13.24 the state, the provider may have the fees under paragraph (b) 13.25 deducted from the child care assistance payments for up to one 13.26 year and the state shall reimburse the county for the county 13.27 fees collected in this manner. 13.28 Sec. 13. Minnesota Statutes 2002, section 256.046, 13.29 subdivision 1, is amended to read: 13.30 Subdivision 1. [HEARING AUTHORITY.] A local agency must 13.31 initiate an administrative fraud disqualification hearing for 13.32 individuals, including child care providers caring for children 13.33 receiving child care assistance, accused of wrongfully obtaining 13.34 assistance or intentional program violations, in lieu of a 13.35 criminal action when it has not been pursued, in the aid to 13.36 families with dependent children program formerly codified in 14.1 sections 256.72 to 256.87, MFIP, child care assistance programs, 14.2 general assistance, family general assistance program formerly 14.3 codified in section 256D.05, subdivision 1, clause (15), 14.4 Minnesota supplemental aid, medical care, or food stamp 14.5 programs. The hearing is subject to the requirements of section 14.6 256.045 and the requirements in Code of Federal Regulations, 14.7 title 7, section 273.16, for the food stamp program and title 14.8 45, section 235.112, as of September 30, 1995, for the cash 14.9 grantand, medical care programs, and child care assistance 14.10 under chapter 119B. 14.11 Sec. 14. Minnesota Statutes 2002, section 256.0471, 14.12 subdivision 1, is amended to read: 14.13 Subdivision 1. [QUALIFYING OVERPAYMENT.] Any overpayment 14.14 for assistance granted undersection 119B.05chapter 119B, the 14.15 MFIP program formerly codified under sections 256.031 to 14.16 256.0361, and the AFDC program formerly codified under sections 14.17 256.72 to 256.871; chapters 256B, 256D, 256I, 256J, and 256K; 14.18 and the food stamp program, except agency error claims, become a 14.19 judgment by operation of law 90 days after the notice of 14.20 overpayment is personally served upon the recipient in a manner 14.21 that is sufficient under rule 4.03(a) of the Rules of Civil 14.22 Procedure for district courts, or by certified mail, return 14.23 receipt requested. This judgment shall be entitled to full 14.24 faith and credit in this and any other state. 14.25 Sec. 15. Minnesota Statutes 2002, section 256.98, 14.26 subdivision 8, is amended to read: 14.27 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] (a) Any person 14.28 found to be guilty of wrongfully obtaining assistance by a 14.29 federal or state court or by an administrative hearing 14.30 determination, or waiver thereof, through a disqualification 14.31 consent agreement, or as part of any approved diversion plan 14.32 under section 401.065, or any court-ordered stay which carries 14.33 with it any probationary or other conditions, in the Minnesota 14.34 family investment program, the food stamp program, the general 14.35 assistance program, the group residential housing program, or 14.36 the Minnesota supplemental aid program shall be disqualified 15.1 from that program. In addition, any person disqualified from 15.2 the Minnesota family investment program shall also be 15.3 disqualified from the food stamp program. The needs of that 15.4 individual shall not be taken into consideration in determining 15.5 the grant level for that assistance unit: 15.6 (1) for one year after the first offense; 15.7 (2) for two years after the second offense; and 15.8 (3) permanently after the third or subsequent offense. 15.9 The period of program disqualification shall begin on the 15.10 date stipulated on the advance notice of disqualification 15.11 without possibility of postponement for administrative stay or 15.12 administrative hearing and shall continue through completion 15.13 unless and until the findings upon which the sanctions were 15.14 imposed are reversed by a court of competent jurisdiction. The 15.15 period for which sanctions are imposed is not subject to 15.16 review. The sanctions provided under this subdivision are in 15.17 addition to, and not in substitution for, any other sanctions 15.18 that may be provided for by law for the offense involved. A 15.19 disqualification established through hearing or waiver shall 15.20 result in the disqualification period beginning immediately 15.21 unless the person has become otherwise ineligible for 15.22 assistance. If the person is ineligible for assistance, the 15.23 disqualification period begins when the person again meets the 15.24 eligibility criteria of the program from which they were 15.25 disqualified and makes application for that program. 15.26 (b) A family receiving assistance through child care 15.27 assistance programs under chapter 119B with a family member who 15.28 is found to be guilty of wrongfully obtaining child care 15.29 assistance by a federal court, state court, or an administrative 15.30 hearing determination or waiver, through a disqualification 15.31 consent agreement, as part of an approved diversion plan under 15.32 section 401.065, or a court-ordered stay with probationary or 15.33 other conditions, is disqualified from child care assistance 15.34 programs. The disqualifications must be for periods of three 15.35 months, six months, and two years for the first, second, and 15.36 third offenses respectively. Subsequent violations must result 16.1 in permanent disqualification. During the disqualification 16.2 period, disqualification from any child care program must extend 16.3 to all child care programs and must be immediately applied. 16.4 (c) A provider caring for children receiving assistance 16.5 through child care assistance programs under chapter 119B is 16.6 disqualified from receiving payment for child care services from 16.7 the child care assistance program under chapter 119B when the 16.8 provider is found to have wrongfully obtained child care 16.9 assistance by a federal court, state court, or an administrative 16.10 hearing determination or waiver under section 256.046, through a 16.11 disqualification consent agreement, as part of an approved 16.12 diversion plan under section 401.065, or a court-ordered stay 16.13 with probationary or other conditions. The disqualifications 16.14 must be for periods of one year and two years for the first and 16.15 second offenses respectively. Any subsequent violation must 16.16 result in permanent disqualification. The disqualification 16.17 period must be imposed immediately after a determination is made 16.18 under this paragraph. During the disqualification period, the 16.19 provider is disqualified from receiving payment from any child 16.20 care assistance program under chapter 119B. 16.21 Sec. 16. Minnesota Statutes 2002, section 466.03, 16.22 subdivision 6d, is amended to read: 16.23 Subd. 6d. [LICENSING AND AUTHORIZATION OF PROVIDERS.] A 16.24 claim against a municipality based on the failure of a provider 16.25 to meet the standards needed for a license to operate a day care 16.26 facility under chapter 245A for children, unless the16.27municipality had actual knowledge of a failure to meet licensing16.28standards that resulted in a dangerous condition that16.29foreseeably threatened the plaintiffor to meet the standards 16.30 needed for authorization as a provider for the child care 16.31 assistance program under chapter 119B. A municipality shall be 16.32 immune from liability for a claim arising out of a provider's 16.33 use of a swimming pool located at a family day care or group 16.34 family day care home under section 245A.14, subdivision 10, 16.35 unless the municipality had actual knowledge of a provider's 16.36 failure to meet the licensing standards under section 245A.14, 17.1 subdivision 10, paragraph (a), clauses (1) to (3), that resulted 17.2 in a dangerous condition that foreseeably threatened the 17.3 plaintiff.