SF 2789

as introduced - 91st Legislature (2019 - 2020) Posted on 04/04/2019 04:05pm

A bill for an act
relating to human services; providing payment to child care providers for emergency
closures; clarifying requirements for tracking absences; amending Minnesota
Statutes 2018, section 119B.13, subdivision 7.

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

Section 1.

Minnesota Statutes 2018, section 119B.13, subdivision 7, is amended to read:

Subd. 7.

Absent days.

(a) Licensed child care providers and license-exempt centers
must not be reimbursed for more than 25 full-day absent days per child, excluding holidays,
in a fiscal year, or for more than ten consecutive full-day absent days. Legal nonlicensed
family child care providers must not be reimbursed for absent days. 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 must be reimbursed but the time must not
count toward the absent days limit. Child care providers must 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.

(b) Notwithstanding paragraph (a), children with documented medical conditions that
cause more frequent absences may exceed the 25 absent days limit, or ten consecutive
full-day absent days limit. Absences due to a documented medical condition of a parent or
sibling who lives in the same residence as the child receiving child care assistance do not
count against the absent days limit in a fiscal year. Documentation of medical conditions
must be on the forms and submitted according to the timelines established by the
commissioner. A public health nurse or school nurse may verify the illness in lieu of a
medical practitioner. If a provider sends a child home early due to a medical reason,
including, but not limited to, fever or contagious illness, the child care center director or
lead teacher may verify the illness in lieu of a medical practitioner.

(c) Notwithstanding paragraph (a), children in families may exceed the absent days limit
if at least one parent: (1) is under the age of 21; (2) does not have a high school diploma or
commissioner of education-selected high school equivalency certification; and (3) is a
student in a school district or another similar program that provides or arranges for child
care, parenting support, social services, career and employment supports, and academic
support to achieve high school graduation, upon request of the program and approval of the
county. 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.

new text begin (d) Child care centers and licensed family providers may bill for emergency closures on
any day that (1) the public school district where the provider is physically located closes
for an emergency including but not limited to inclement weather, (2) the public school
district is closed for the entire school day, (3) the provider is closed for the entire day, and
(4) a child was authorized to be in the provider's care. A county or agency shall make an
additional payment to another registered CCAP provider who provides care for a child if
the child's regular provider closed due to an emergency under this paragraph. The additional
payment is excluded from the maximum amount of child care assistance a local agency may
pay under section 119B.09, subdivision 6.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end 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 absent days limit.

deleted text begin (e) deleted text end new text begin (f) new text end A family or child care provider must not be assessed an overpayment for an absent
day payment unless (1) there was an 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, or (3) the family
or provider did not timely report a change as required under law.

deleted text begin (f) deleted text end new text begin (g) new text end The provider and family shall receive notification of the number of absent days
used upon initial provider authorization for a family and ongoing notification of the number
of absent days used as of the date of the notification.

deleted text begin (g) deleted text end new text begin (h) new text end For purposes of this subdivision, "absent days limit" means 25 full-day absent
days per child, excluding holidays new text begin and emergency closures under paragraph (d) new text end , in a fiscal
year; and ten consecutive full-day absent days.