HF 3086

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child care; modifying child care 
  1.3             assistance; creating a child care fraud prevention 
  1.4             task force; amending Minnesota Statutes 2000, sections 
  1.5             119B.02, subdivision 4; 119B.09, subdivision 1; 
  1.6             119B.12, subdivision 2; Minnesota Statutes 2001 
  1.7             Supplement, section 119B.13, subdivision 6; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 119B.
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 119B.02, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [UNIVERSAL APPLICATION FORM.] The commissioner 
  1.13  must develop and make available to all counties a universal 
  1.14  application form for child care assistance under this chapter.  
  1.15  The application must provide notice of eligibility requirements 
  1.16  for assistance and penalties for wrongfully obtaining 
  1.17  assistance.  All current child care assistance recipients must 
  1.18  complete the universal application at the time of 
  1.19  redetermination.  All new child care assistance applicants must 
  1.20  complete the universal application.  
  1.21     [EFFECTIVE DATE.] This section is effective the day 
  1.22  following final enactment. 
  1.23     Sec. 2.  Minnesota Statutes 2000, section 119B.09, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 
  1.26  APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 
  1.27  must be available to families who need child care to find or 
  2.1   keep employment or to obtain the training or education necessary 
  2.2   to find employment and who: 
  2.3      (1) meet the requirements of section 119B.05; receive MFIP 
  2.4   assistance; and are participating in employment and training 
  2.5   services under chapter 256J or 256K; 
  2.6      (2) have household income below the eligibility levels for 
  2.7   MFIP; or 
  2.8      (3) have household income within a range established by the 
  2.9   commissioner. 
  2.10     (b) Child care services must be made available as in-kind 
  2.11  services.  
  2.12     (c) All applicants for child care assistance and families 
  2.13  currently receiving child care assistance must be assisted and 
  2.14  required to cooperate in establishment of paternity and 
  2.15  enforcement of child support obligations for all children in the 
  2.16  family as a condition of program eligibility.  For purposes of 
  2.17  this section, a family is considered to meet the requirement for 
  2.18  cooperation when the family complies with the requirements of 
  2.19  section 256.741. 
  2.20     (d) Each county must request, from all child care 
  2.21  assistance applicants, the social security number or other 
  2.22  documentation of each child eligible for subsidized child care.  
  2.23  A county must not deny child care assistance to an eligible 
  2.24  applicant who refuses to provide a child's social security 
  2.25  number. 
  2.26     Sec. 3.  [119B.095] [INFORMATION TO BE REQUESTED BY THE 
  2.27  COUNTY AT THE TIME OF APPLICATION.] 
  2.28     Each county must request the following information for all 
  2.29  child care providers who will be providing care for families 
  2.30  receiving child care assistance under this chapter: 
  2.31     (1) proof of identity of adults providing care; 
  2.32     (2) relationship of any related minor child to the 
  2.33  caregiver; 
  2.34     (3) social security number; and 
  2.35     (4) location of care. 
  2.36     Sec. 4.  Minnesota Statutes 2000, section 119B.12, 
  3.1   subdivision 2, is amended to read: 
  3.2      Subd. 2.  [PARENT FEE.] A family's monthly parent fee must 
  3.3   be a fixed percentage of its annual gross income.  Parent fees 
  3.4   must apply to families eligible for child care assistance under 
  3.5   sections 119B.03 and 119B.05.  Income must be as defined in 
  3.6   section 119B.011, subdivision 15.  The fixed percent is based on 
  3.7   the relationship of the family's annual gross income to 100 
  3.8   percent of state median income.  Beginning January 1, 1998, 
  3.9   parent fees must begin at 75 percent of the poverty level.  The 
  3.10  minimum parent fees for families between 75 percent and 100 
  3.11  percent of poverty level must be $5 per month.  Parent fees must 
  3.12  be established in rule and must provide for graduated movement 
  3.13  to full payment.  Parent fees must be paid by the family to the 
  3.14  county.  
  3.15     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  3.16  119B.13, subdivision 6, is amended to read: 
  3.17     Subd. 6.  [PROVIDER PAYMENTS.] Counties or the state shall 
  3.18  make vendor payments to the child care provider or pay the 
  3.19  parent directly for eligible child care expenses.  If payments 
  3.20  for child care assistance are made to providers, The provider 
  3.21  shall bill the county for services provided within ten days of 
  3.22  the end of the month of service.  If bills are submitted in 
  3.23  accordance with the provisions of this subdivision, a county or 
  3.24  the state shall issue payment to the provider of child care 
  3.25  under the child care fund within 30 days of receiving an invoice 
  3.26  from the provider.  Counties or the state may establish policies 
  3.27  that make payments on a more frequent basis.  A county's payment 
  3.28  policies must be included in the county's child care plan under 
  3.29  section 119B.08, subdivision 3.  If payments are made by the 
  3.30  state, in addition to being in compliance with this subdivision, 
  3.31  the payments must be made in compliance with section 16A.124. 
  3.32     Sec. 6.  [CHILD CARE FRAUD PREVENTION TASK FORCE.] 
  3.33     Subdivision 1.  [ESTABLISHMENT.] A nine-member child care 
  3.34  fraud prevention task force is established to make 
  3.35  recommendations to the legislature on reducing fraud in the 
  3.36  child care assistance programs under Minnesota Statutes, chapter 
  4.1   119B.  Members do not receive per diem or reimbursement for 
  4.2   expenses.  At a minimum, the task force must hold two meetings.  
  4.3   All other matters of the task force's operation, except 
  4.4   expiration of the task force under subdivision 4, are governed 
  4.5   by Minnesota Statutes, section 15.059. 
  4.6      Subd. 2.  [MEMBERSHIP.] The commissioner shall appoint nine 
  4.7   members to the task force.  Two members are appointed from the 
  4.8   department of children, families, and learning.  Two members are 
  4.9   appointed from a list of candidates provided to the commissioner 
  4.10  by the Minnesota fraud investigators association.  Three members 
  4.11  are appointed from a list of candidates provided to the 
  4.12  commissioner by the Minnesota child care association.  Two 
  4.13  members are appointed from a list of candidates provided to the 
  4.14  commissioner by the family day care association.  The 
  4.15  commissioner shall appoint three members of the task force from 
  4.16  rural areas, two members from suburban areas, and two members 
  4.17  from urban areas.  Members of the legislature may sit on the 
  4.18  task force as ex-officio members. 
  4.19     Subd. 3.  [DUTIES.] The task force must: 
  4.20     (1) review the incidence and type of child care assistance 
  4.21  fraud cases; 
  4.22     (2) review child care assistance law under Minnesota 
  4.23  Statutes, chapter 119B, and child care assistance rules under 
  4.24  Minnesota Rules, chapter 3400; and 
  4.25     (3) submit a report and make recommendations to the 2003 
  4.26  legislature and the commissioner regarding changes to the child 
  4.27  care assistance laws or rules that would reduce or prevent child 
  4.28  care assistance fraud. 
  4.29     Subd. 4.  [EXPIRATION.] The child care fraud prevention 
  4.30  task force expires on December 1, 2002.