Minnesota Legislature
HF 3259
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
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| Introduction | Posted on 03/07/2006 |
Current Version - as introduced
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A bill for an act
relating to human services; modifying eligibility requirements for child care
assistance; establishing a sliding fee child care schedule; modifying child care
provider reimbursement rates; establishing a provider rate differential for
accreditation; appropriating money; amending Minnesota Statutes 2004, sections
119B.13, by adding a subdivision; 245A.10, by adding a subdivision; Minnesota
Statutes 2005 Supplement, sections 119B.09, subdivision 1; 119B.13, subdivision
1; repealing Laws 2003, First Special Session chapter 14, article 9, section 36.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2005 Supplement, section 119B.09, subdivision 1, is
amended to read:
Subdivision 1.
General eligibility requirements for all applicants for child
care assistance.
(a) Child care services must be available to families who need child
care to find or keep employment or to obtain the training or education necessary to find
employment and who:
(1) have household income less than or equal to 250 percent of the federal poverty
guidelines, adjusted for family size, and meet the requirements of section 119B.05;
receive MFIP assistance; and are participating in employment and training services under
chapter 256J or 256K; or
(2) have household income deleted text begin less than or equal to 175 percent of the federal poverty
guidelines, adjusted for family size, at program entry anddeleted text end less than 250 percent of the
federal poverty guidelines, adjusted for family sizedeleted text begin , at program exitdeleted text end .
(b) Child care services must be made available as in-kind services.
(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family as a condition
of program eligibility. For purposes of this section, a family is considered to meet the
requirement for cooperation when the family complies with the requirements of section
256.741.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 119B.13, subdivision 1, is
amended to read:
Subdivision 1.
Subsidy restrictions.
deleted text begin
(a)(i) Effective July 1, 2005, the commissioner
of human services shall modify the rate tables for child care centers published in
Department of Human Services Bulletin No. 03-68-07 so that in counties with regional or
statewide cells, the higher of the 100th percentile of the 2002 market rate survey data or
the rate currently identified in the bulletin will be the maximum rate. The rates established
in this clause will be considered as the previous year's rates for purposes of the increase in
item (iii), and shall be compared to the 100th percentile of current market rates.
deleted text end
deleted text begin
(ii) For the period between July 1, 2005, and through the full implementation of the
new rates under item (iii), the rates published in Department of Human Services Bulletin
No. 03-68-07 as adjusted by item (i) shall remain in effect.
deleted text end
deleted text begin
(iii) Beginning January 1, 2006, the maximum rate paid for child care assistance
in any county or multicounty region under the child care fund shall be the lesser of the
75th percentile rate for like-care arrangements in the county or multicounty region as
surveyed by the commissioner or the previous year's rate for like-care arrangements
in the county increased by percent.
deleted text end
deleted text begin
(iv) Rate changes shall be implemented for services provided in March 2006 unless a
participant eligibility redetermination or a new provider agreement is completed between
January 1, 2006, and February 28, 2006.
deleted text end
deleted text begin
As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
deleted text end
deleted text begin
New cases approved on or after January 1, 2006, shall have the maximum rates
under item (iii) implemented immediately.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end Not less than once every two years, the commissioner shall survey rates
charged by child care providers in Minnesota to determine the 75th percentile for
like-care arrangements in counties. When the commissioner determines that, using the
commissioner's established protocol, the number of providers responding to the survey is
too small to determine the 75th percentile rate for like-care arrangements in a county or
multicounty region, the commissioner may establish the 75th percentile maximum rate
based on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.
new text begin
(b) The maximum rate paid for child care assistance under the child care fund
must be adjusted annually and may not exceed the 75th percentile rate for like-care
arrangements in a county, region, or category the commissioner deems to be similar as
surveyed by the commissioner.
new text end
(c) A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.
(d) 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 handicapped care.
(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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
Minnesota Statutes 2004, section 119B.13, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Provider rate differential for accreditation. new text end
new text begin
A family child care
provider or child care center shall be paid a 15 percent differential above the maximum rate
established in subdivision 1, up to the actual provider rate, if the provider or center holds a
current early childhood development credential or is accredited. For a family child care
provider, early childhood development credential and accreditation includes an individual
who has earned a child development associate degree, a diploma in child development from
a Minnesota state technical college, or a bachelor's degree in early childhood education
from an accredited college or university, or who is accredited by the National Association
for Family Child Care or the Competency Based Training and Assessment Program. For a
child care center, accreditation includes accreditation by the National Association for the
Education of Young Children, the Council on Accreditation, the National Early Childhood
Program Accreditation, the National School-Age Care Association, or the National Head
Start Association Program of Excellence. For Montessori programs, accreditation includes
the American Montessori Society, Association of Montessori International-USA, or the
National Center for Montessori Education.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2006.new text end
Sec. 4.
Minnesota Statutes 2004, section 245A.10, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Temporary suspension of child care license fees. new text end
new text begin
County fees for
background studies and licensing inspections in family and group family child care under
subdivision 2 and annual child care center license fees under subdivision 4 are suspended.
The commissioner shall use unallocated federal child care development fund money from
the 2004-2005 biennium to reimburse the state and counties for the reduced child care
licensure fee revenue due to the temporary suspension. The commissioner shall also set a
standard statewide license and background study fee for family child care providers based
on the average fees currently being charged. This subdivision expires June 30, 2008.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5. new text begin PARENT FEE SCHEDULE.
new text end
new text begin
Notwithstanding Minnesota Rules, part 3400.0100, subpart 4, the parent fee
schedule is as follows:
new text end
|
new text begin
Income Range (as a percent of the federal poverty guidelines) new text end |
new text begin
Co-payment (as a percentage of adjusted gross income) new text end |
|
new text begin
0-74.99% new text end |
new text begin
$0/month new text end |
|
new text begin
75.00-99.99% new text end |
new text begin
$5/month new text end |
|
new text begin
100.00-104.99% new text end |
new text begin
2.61% new text end |
|
new text begin
105.00-109.99% new text end |
new text begin
2.61% new text end |
|
new text begin
110.00-114.99% new text end |
new text begin
2.61% new text end |
|
new text begin
115.00-119.99% new text end |
new text begin
2.61% new text end |
|
new text begin
120.00-124.99% new text end |
new text begin
2.91% new text end |
|
new text begin
125.00-129.99% new text end |
new text begin
2.91% new text end |
|
new text begin
130.00-134.99% new text end |
new text begin
2.91% new text end |
|
new text begin
135.00-139.99% new text end |
new text begin
2.91% new text end |
|
new text begin
140.00-144.99% new text end |
new text begin
3.21% new text end |
|
new text begin
145.00-149.99% new text end |
new text begin
3.21% new text end |
|
new text begin
150.00-154.99% new text end |
new text begin
3.21% new text end |
|
new text begin
155.00-159.99% new text end |
new text begin
3.84% new text end |
|
new text begin
160.00-164.99% new text end |
new text begin
3.84% new text end |
|
new text begin
165.00-169.99% new text end |
new text begin
4.46% new text end |
|
new text begin
170.00-174.99% new text end |
new text begin
4.76% new text end |
|
new text begin
175.00-179.99% new text end |
new text begin
5.05% new text end |
|
new text begin
180.00-184.99% new text end |
new text begin
5.65% new text end |
|
new text begin
185.00-189.99% new text end |
new text begin
5.95% new text end |
|
new text begin
190.00-194.99% new text end |
new text begin
6.24% new text end |
|
new text begin
195.00-199.99% new text end |
new text begin
6.84% new text end |
|
new text begin
200.00-204.99% new text end |
new text begin
7.58% new text end |
|
new text begin
205.00-209.99% new text end |
new text begin
8.33% new text end |
|
new text begin
210.00-214.99% new text end |
new text begin
9.20% new text end |
|
new text begin
215.00-219.99% new text end |
new text begin
10.07% new text end |
|
new text begin
220.00-224.99% new text end |
new text begin
10.94% new text end |
|
new text begin
225.00-229.99% new text end |
new text begin
11.55% new text end |
|
new text begin
230.00-234.99% new text end |
new text begin
12.16% new text end |
|
new text begin
235.00-239.99% new text end |
new text begin
12.77% new text end |
|
new text begin
240.00-244.99% new text end |
new text begin
13.38% new text end |
|
new text begin
245.00-249.99% new text end |
new text begin
14.00% new text end |
|
new text begin
250% new text end |
new text begin
ineligible new text end |
new text begin
A family's monthly co-payment fee is the fixed percentage established for the
income range multiplied by the highest possible income within that income range.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 6. new text begin APPROPRIATIONS; BASIC SLIDING FEE CHILD CARE.
new text end
new text begin
$....... is appropriated from the general fund to the commissioner of human services
for fiscal year 2007 to fund child care assistance for eligible families on the basic sliding
fee waiting list under Minnesota Statutes, section 119B.03, subdivision 2, as of July 1,
2006. This amount shall be added to the basic sliding fee base budget for fiscal years
2008 and 2009.
new text end
Sec. 7. new text begin REPEALER.
new text end
new text begin
Laws 2003, First Special Session chapter 14, article 9, section 36,
new text end
new text begin
is repealed.
new text end