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SF 2215

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/30/2023 09:06am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health and human services; modifying the child care assistance program;
amending Minnesota Statutes 2022, sections 119B.011, subdivisions 2, 5, 13;
119B.09, subdivision 1; 119B.12, subdivision 1; 119B.13, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 119B.011, subdivision 2, is amended to read:


Subd. 2.

Applicant.

"Child care fund applicants" means all parentsdeleted text begin,deleted text endnew text begin;new text end stepparentsdeleted text begin,deleted text endnew text begin;new text end legal
guardiansdeleted text begin,deleted text endnew text begin; relative custodians who accepted a transfer of permanent legal and physical
custody of a child under section 260C.515, subdivision 4, or similar permanency disposition
in Tribal code; successor custodians or guardians as established in section 256N.22,
subdivision 10; foster parents providing care to a child placed in a family foster home under
section 260C.007, subdivision 16b;
new text end or eligible relative caregivers who are members of the
family and reside in the household that applies for child care assistance under the child care
fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 7, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 119B.011, subdivision 5, is amended to read:


Subd. 5.

Child care.

"Child care" means the care of a child by someone other than a
parentdeleted text begin,deleted text endnew text begin;new text end stepparentdeleted text begin,deleted text endnew text begin;new text end legal guardiandeleted text begin,deleted text endnew text begin;new text end eligible relative caregiverdeleted text begin,deleted text endnew text begin; relative custodian who
accepted a transfer of permanent legal and physical custody of a child under section
260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established in section 256N.22, subdivision 10; foster parent
providing care to a child placed in a family foster home under section 260C.007, subdivision
16b;
new text end or the deleted text beginspousesdeleted text endnew text begin spousenew text end of any of the foregoing in or outside the child's own home for
gain or otherwise, on a regular basis, for any part of a 24-hour day.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 7, 2023.
new text end

Sec. 3.

Minnesota Statutes 2022, section 119B.011, subdivision 13, is amended to read:


Subd. 13.

Family.

"Family" means parentsdeleted text begin,deleted text endnew text begin;new text end stepparentsdeleted text begin,deleted text endnew text begin;new text end guardians and their spousesdeleted text begin,deleted text endnew text begin;
relative custodians who accepted a transfer of permanent legal and physical custody of a
child under section 260C.515, subdivision 4, or similar permanency disposition in Tribal
code, and their spouses; successor custodians or guardians as established in section 256N.22,
subdivision 10, and their spouses; foster parents providing care to a child placed in a family
foster home under section 260C.007, subdivision 16b, and their spouses;
new text end or other eligible
relative caregivers and their spouses, and deleted text begintheir blood relateddeleted text endnew text begin the blood-relatednew text end dependent
children and adoptive siblings under the age of 18 years living in the same home deleted text beginincludingdeleted text endnew text begin
of the above. This definition includes
new text end children temporarily absent from the household in
settings such as schools, foster care, and residential treatment facilities deleted text beginor parents, stepparents,
guardians and their spouses, or other relative caregivers and their spouses
deleted text endnew text begin and adultsnew text end
temporarily absent from the household in settings such as schools, military service, or
rehabilitation programs. An adult family member who is not in an authorized activity under
this chapter may be temporarily absent for up to 60 days. When a minor parent or parents
and his, her, or their child or children are living with other relatives, and the minor parent
or parents apply for a child care subsidy, "family" means only the minor parent or parents
and their child or children. An adult age 18 or older who meets this definition of family and
is a full-time high school or postsecondary student may be considered a dependent member
of the family unit if 50 percent or more of the adult's support is provided by the parentsdeleted text begin,deleted text endnew text begin;new text end
stepparentsdeleted text begin,deleted text endnew text begin;new text end guardiansdeleted text begin,deleted text end and their spousesnew text begin; relative custodians who accepted a transfer of
permanent legal and physical custody of a child under section 260C.515, subdivision 4, or
similar permanency disposition in Tribal code, and their spouses; successor custodians or
guardians as established in section 256N.22, subdivision 10, and their spouses; foster parents
providing care to a child placed in a family foster home under section 260C.007, subdivision
16b, and their spouses;
new text end or eligible relative caregivers and their spouses residing in the same
household.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 7, 2023.
new text end

Sec. 4.

Minnesota Statutes 2022, section 119B.09, subdivision 1, is amended to read:


Subdivision 1.

General eligibility requirements.

(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 whodeleted text begin:
deleted text end

deleted text begin (1)deleted text end have household income less than or equal to deleted text begin67deleted text endnew text begin 85new text end percent of the state median income,
adjusted for family size, at application and redeterminationdeleted text begin, and meet the requirements of
section 119B.05; receive MFIP assistance; and are participating in employment and training
services under chapter
deleted text enddeleted text begin256Jdeleted text enddeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (2) have household income less than or equal to 47 percent of the state median income,
adjusted for family size, at application and less than or equal to 67 percent of the state
median income, adjusted for family size, at redetermination.
deleted 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 at application and
redetermination 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.

(d) All applicants for child care assistance and families currently receiving child care
assistance must pay the co-payment fee under section 119B.12, subdivision 2, as a condition
of eligibility. The co-payment fee may include additional recoupment fees due to a child
care assistance program overpayment.

(e) If a family has one child with a child care authorization and the child reaches 13
years of age or the child has a disability and reaches 15 years of age, the family remains
eligible until the redetermination.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2022, section 119B.12, subdivision 1, is amended to read:


Subdivision 1.

Fee schedule.

All changes to parent fees must be implemented on the
first Monday of the service period following the effective date of the change.

PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted in
subdivision 2:

Income Range (as a percent of the state
median incomedeleted text begin, except at the start of the first
tier
deleted text end)
Co-payment (as a percentage of adjusted
gross income)
deleted text begin 0-74.99% of federal poverty guidelines
deleted text end
deleted text begin $0/biweekly
deleted text end
deleted text begin 75.00-99.99% of federal poverty guidelines
deleted text end
deleted text begin $2/biweekly
deleted text end
deleted text begin 100.00% of federal poverty
guidelines-27.72%
deleted text end
deleted text begin 2.61%
deleted text end
deleted text begin 27.73-29.04%
deleted text end
deleted text begin 2.61%
deleted text end
deleted text begin 29.05-30.36%
deleted text end
deleted text begin 2.61%
deleted text end
deleted text begin 30.37-31.68%
deleted text end
deleted text begin 2.61%
deleted text end
deleted text begin 31.69-33.00%
deleted text end
deleted text begin 2.91%
deleted text end
deleted text begin 33.01-34.32%
deleted text end
deleted text begin 2.91%
deleted text end
deleted text begin 34.33-35.65%
deleted text end
deleted text begin 2.91%
deleted text end
deleted text begin 35.66-36.96%
deleted text end
deleted text begin 2.91%
deleted text end
deleted text begin 36.97-38.29%
deleted text end
deleted text begin 3.21%
deleted text end
deleted text begin 38.30-39.61%
deleted text end
deleted text begin 3.21%
deleted text end
deleted text begin 39.62-40.93%
deleted text end
deleted text begin 3.21%
deleted text end
deleted text begin 40.94-42.25%
deleted text end
deleted text begin 3.84%
deleted text end
deleted text begin 42.26-43.57%
deleted text end
deleted text begin 3.84%
deleted text end
deleted text begin 43.58-44.89%
deleted text end
deleted text begin 4.46%
deleted text end
deleted text begin 44.90-46.21%
deleted text end
deleted text begin 4.76%
deleted text end
deleted text begin 46.22-47.53%
deleted text end
deleted text begin 5.05%
deleted text end
deleted text begin 47.54-48.85%
deleted text end
deleted text begin 5.65%
deleted text end
deleted text begin 48.86-50.17%
deleted text end
deleted text begin 5.95%
deleted text end
deleted text begin 50.18-51.49%
deleted text end
deleted text begin 6.24%
deleted text end
deleted text begin 51.50-52.81%
deleted text end
deleted text begin 6.84%
deleted text end
deleted text begin 52.82-54.13%
deleted text end
deleted text begin 7.58%
deleted text end
deleted text begin 54.14-55.45%
deleted text end
deleted text begin 8.33%
deleted text end
deleted text begin 55.46-56.77%
deleted text end
deleted text begin 9.20%
deleted text end
deleted text begin 56.78-58.09%
deleted text end
deleted text begin 10.07%
deleted text end
deleted text begin 58.10-59.41%
deleted text end
deleted text begin 10.94%
deleted text end
deleted text begin 59.42-60.73%
deleted text end
deleted text begin 11.55%
deleted text end
deleted text begin 60.74-62.06%
deleted text end
deleted text begin 12.16%
deleted text end
deleted text begin 62.07-63.38%
deleted text end
deleted text begin 12.77%
deleted text end
deleted text begin 63.39-64.70% deleted text end new text begin
Less than 75.00%
new text end
deleted text begin 13.38% deleted text end new text begin
no co-payment
new text end
deleted text begin 64.71-67.00% deleted text end new text begin
75.00-85.00%
new text end
deleted text begin 14.00% deleted text end new text begin
2.00%
new text end
Greater than deleted text begin67.00%deleted text endnew text begin 85.00%
new text end
ineligible

A family's biweekly co-payment fee is the fixed percentage established for the income
range multiplied by the highest possible income within that income range.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2022, section 119B.13, subdivision 1, is amended to read:


Subdivision 1.

Subsidy restrictions.

(a) Beginning deleted text beginNovember 15, 2021deleted text endnew text begin October 3, 2023new text end,
the maximum rate paid for child care assistance in any county or county price cluster under
the child care fund shall bedeleted text begin:
deleted text end

deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin40thdeleted text endnew text begin 75thnew text end percentile of the 2021 child
care provider rate survey or the rates in effect at the time of the updatedeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) for all preschool and school-age children, the greater of the 30th percentile of the
2021 child care provider rate survey or the rates in effect at the time of the update.
deleted text end

(b) Beginning the first full service period on or after January 1, 2025, new text beginand every three
years thereafter,
new text endthe maximum rate paid for child care assistance in a county or county price
cluster under the child care fund shall bedeleted text begin:
deleted text end

deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin40thdeleted text endnew text begin 75thnew text end percentile of the deleted text begin2024deleted text endnew text begin most
recent
new text end child care provider rate survey or the rates in effect at the time of the updatedeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) for all preschool and school-age children, the greater of the 30th percentile of the
2024 child care provider rate survey or the rates in effect at the time of the update.
deleted text end

The rates under paragraph (a) continue until the rates under this paragraph go into effect.

(c) For a child care provider located within the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child
care assistance shall be equal to the maximum rate paid in the county with the highest
maximum reimbursement rates or the provider's charge, whichever is less. The commissioner
may: (1) assign a county with no reported provider prices to a similar price cluster; and (2)
consider county level access when determining final price clusters.

(d) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.

(e) 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 disability care.

(f) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.

(g) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:

(1) the daily rate for one day of care;

(2) the weekly rate for one week of care by the child's primary provider; and

(3) two daily rates during two weeks of care by a child's secondary provider.

(h) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.

(i) If 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.

(j) new text beginBeginning October 3, 2023, new text endthe maximum registration fee paid for child care assistance
in any county or county price cluster under the child care fund shall be deleted text beginset as follows: (1)
beginning November 15, 2021,
deleted text end the greater of the deleted text begin40thdeleted text endnew text begin 75thnew text end percentile of the deleted text begin2021deleted text endnew text begin most
recent
new text end child care provider rate survey or the registration fee in effect at the time of the
updatedeleted text begin; and (2) beginning the first full service period on or after January 1, 2025, the
maximum registration fee shall be the greater of the 40th percentile of the 2024 child care
provider rate survey or the registration fee in effect at the time of the update. The registration
fees under clause (1) continue until the registration fees under clause (2) go into effect
deleted text end.

(k) Maximum registration fees must be set for licensed family child care and for child
care centers. For a child care provider located in the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid
for child care assistance shall be equal to the maximum registration fee paid in the county
with the highest maximum registration fee or the provider's charge, whichever is less.

Sec. 7. new text beginDIRECTION TO COMMISSIONER OF MANAGEMENT AND BUDGET.
new text end

new text begin The commissioner of management and budget must include the state obligation for the
basic sliding fee child care assistance program under Minnesota Statutes, section 119B.03,
in the Minnesota Management and Budget February and November forecasts of state
revenues and expenditures under Minnesota Statutes, section 16A.103, beginning with the
November 2023 forecast, to ensure that all eligible applicants have access to child care
assistance program services.
new text end