HF 3373

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying child care assistance maximum rates and
absent days; amending Minnesota Statutes 2005 Supplement, section 119B.13,
subdivisions 1, 7.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 119B.13, subdivision 1, is
amended to read:

Subdivision 1.

Subsidy restrictions.

(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.

(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.

(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 1.75 percent.

(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.

As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.

New cases approved on or after January 1, 2006, shall have the maximum rates
under item (iii) implemented immediately.

(b) 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.

(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. new text begin The
commissioner shall also determine the maximum rate for school age care on a half-day
basis.
new text end

(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. 2.

Minnesota Statutes 2005 Supplement, section 119B.13, subdivision 7, is
amended to read:

Subd. 7.

Absent days.

new text begin (a) new text end Child care providers may not be reimbursed for more
than 25 new text begin full-day new text end absent days per child, excluding holidays, in a fiscal year, or for more than
ten consecutive new text begin full-day new text end absent days, unless the child has a documented medical condition
that causes more frequent absences. Documentation of medical conditions must be on
the forms and submitted according to the timelines established by the commissioner. new text begin 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 will be reimbursed but
the time will not count toward the ten consecutive or 25 cumulative absent day limits.
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. Child care providers may 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 end

new text begin (b) 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 ten consecutive or
25 cumulative absent day limits.
new text end

new text begin (c) A family or child care provider may not be assessed an overpayment for an absent
day payment unless (1) there was a provider 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 and the
family and child care provider had prior notification of this before the absent days were
used, or (3) the family or provider did not timely report a change as required under law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end