HF 5

as introduced - 91st Legislature, 2020 7th Special Session (2020 - 2020) Posted on 12/14/2020 03:01pm

A bill for an act
relating to human services; appropriating money for public health support funds
for child care providers; appropriating money for the basic sliding fee program.

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

Section 1. new text begin COVID-19 PUBLIC HEALTH SUPPORT FUNDS FOR CHILD CARE
PROGRAMS; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Public health support funds. new text end

new text begin The commissioner of human services shall
distribute COVID-19 public health support funds to eligible child care programs to support
the higher costs to operate safely as defined by state and federal public health guidance,
including but not limited to efforts to create smaller and consistent child groupings, screening
procedures, quarantine periods, cleaning and sanitation, additional sick leave, substitute
teachers, supports for distance learning and incentive pay, and other public health measures
that prevent transmission of COVID-19 and protect families and staff.
new text end

new text begin Subd. 2. new text end

new text begin Eligible programs. new text end

new text begin (a) The following programs are eligible to receive public
health support funds under this section:
new text end

new text begin (1) family and group family day care homes licensed under Minnesota Rules, chapter
9502;
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new text begin (2) child care centers licensed under Minnesota Rules, chapter 9503;
new text end

new text begin (3) certified license-exempt child care centers under Minnesota Statutes, chapter 245H;
and
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new text begin (4) tribally licensed child care programs.
new text end

new text begin (b) Programs must not be:
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new text begin (1) the subject of a finding of fraud;
new text end

new text begin (2) prohibited from receiving public funds under Minnesota Statutes, section 245.095;
or
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new text begin (3) under revocation, suspension, temporary immediate suspension, or decertification,
regardless of whether the action is under appeal.
new text end

new text begin (c) Public health support funds under this section must be made available to all eligible
programs on a noncompetitive basis.
new text end

new text begin Subd. 3. new text end

new text begin Requirements to receive public health support funds. new text end

new text begin (a) To receive funds
under this section, an eligible program must have completed an application for October to
December COVID-19 public health support funds, attesting and agreeing in writing that
the program has been operating and serving children as of September 15, 2020. An applicant
program must further attest and agree in writing that the program intends to remain operating
and serving children through February 15, 2021. Exceptions to this operating requirement
are:
new text end

new text begin (1) service disruptions that are necessary due to public health guidance to protect the
safety and health of children and child care programs issued by the Centers for Disease
Control and Prevention, commissioner of health, commissioner of human services, or a
local public health agency; and
new text end

new text begin (2) planned temporary closures for provider vacation and holidays for up to three weeks
over the duration of the funding months from September 15, 2020, to February 15, 2021,
but not sequentially.
new text end

new text begin Temporary closures must be reported to the Department of Human Services using a form
prescribed by the commissioner. For licensed and certified centers, only temporary closures
of the entire program need to be reported; classroom closures or other operating adjustments
do not need to be reported.
new text end

new text begin (b) Providers who close permanently for any reason are subject to recovery of funds for
any period of time after program closure. Permanent closures must be reported to the
Department of Human Services using a form prescribed by the commissioner.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), if the commissioner determines that the
temporary or permanent closure of one program is undertaken to ensure the continued
availability of services to children by another program, the commissioner may issue the
closed program's public health support funds to the program that has agreed to accept the
children previously cared for by the closed program whether or not all the children choose
to go to the remaining program and whether or not the remaining program is already receiving
public health support funds.
new text end

new text begin (d) To receive funds under this section, an eligible program must:
new text end

new text begin (1) continue to comply with all other requirements listed in the application for October
to December COVID-19 public health support funds; and
new text end

new text begin (2) prioritize use of these funds during the monthly award periods, and must use the
funds to cover costs incurred during the peacetime emergency declared by the governor
relating to COVID-19.
new text end

new text begin Subd. 4. new text end

new text begin Maximum payment to programs. new text end

new text begin (a) For December 2020, an eligible family
child care program may receive no more than $1,200, including money paid by the
commissioner from the federal coronavirus relief fund.
new text end

new text begin (b) For January and February 2021, an eligible family child care program may receive
up to $1,200 in monthly public health support funds.
new text end

new text begin (c) For December 2020, an eligible licensed child care center may receive no more than
$8,500, including money paid by the commissioner from the federal coronavirus relief fund.
new text end

new text begin (d) For January and February 2021, an eligible licensed child care center may receive
up to $8,500 in monthly public health support funds.
new text end

new text begin (e) For December 2020, eligible certified child care centers will not receive additional
public health support funds.
new text end

new text begin (f) For January and February 2021, an eligible certified child care center may receive
up to $3,000 in monthly public health support funds.
new text end

new text begin Subd. 5. new text end

new text begin Appropriation. new text end

new text begin (a) $53,122,000 in fiscal year 2021 is appropriated from the
general fund to the commissioner of human services for public health support funds under
this section. Of this amount, up to $142,000 is for the commissioner to administer the support
funds in accordance with this section.
new text end

new text begin (b) This is a onetime appropriation and is available until June 30, 2021, or until 60 days
after the expiration of the peacetime emergency declared by the governor in an executive
order that relates to the infectious disease known as COVID-19, whichever occurs earlier.
Any unobligated or unexpended amounts cancel on June 30, 2021, or 60 days after the
expiration of the peacetime emergency declared by the governor in an executive order that
relates to the infectious disease known as COVID-19, whichever occurs earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin DIRECTION TO COMMISSIONER; BASIC SLIDING FEE PROGRAM;
APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin (a) $9,980,000 in fiscal year 2021 is appropriated from
the general fund to the commissioner of human services for modifications to the basic sliding
fee program in subdivision 2. This is a onetime appropriation. Notwithstanding Minnesota
Statutes, section 119B.03, subdivisions 6, 6a, and 6b, money must be distributed
proportionately based on the average number of families as reported on the most recent six
months of published waiting lists, weighted by the average cost per family in each of those
counties over the same six month period.
new text end

new text begin (b) $1,521,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of human services for the transition year extension expenditures. This is a
onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Temporary program changes. new text end

new text begin The following changes to the basic sliding fee
program are in effect through April 30, 2021:
new text end

new text begin (1) a county may allow a family to maintain their spot on the basic sliding fee waiting
list if the family does not currently have a need for child care; and
new text end

new text begin (2) notwithstanding Minnesota Statutes, section 119B.03, subdivision 4, the funding
priority under the basic sliding fee program shall be as follows:
new text end

new text begin (i) first priority must be given to non-MFIP families who do not have a high school
diploma or commissioner of education-selected high school equivalency certification, or
who need remedial and basic skills courses in order to pursue employment or to pursue
education leading to employment and who need child care assistance to participate in the
education program. This includes student parents as defined under Minnesota Statutes,
section 119B.011, subdivision 19b. Within this priority, the following subpriorities must
be used:
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new text begin (A) child care needs of minor parents;
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new text begin (B) child care needs of parents under 21 years of age; and
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new text begin (C) child care needs of other parents within the priority group described in this clause;
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new text begin (ii) second priority must be given to families in which at least one parent is a veteran as
defined under Minnesota Statutes, section 197.447;
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new text begin (iii) third priority must be given to all eligible families who do not belong to any other
priority groups listed in this clause;
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new text begin (iv) fourth priority must be given to parents who have completed their MFIP or
diversionary work program transition year, or parents who are no longer receiving or eligible
for diversionary work program supports; and
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new text begin (v) fifth priority must be given to families who are eligible for portable basic sliding fee
assistance through the portability pool under Minnesota Statutes, section 119B.03, subdivision
9.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end