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Minnesota Legislature

Office of the Revisor of Statutes

3400.0185 TERMINATION AND ADVERSE ACTIONS; NOTICE REQUIRED.

Subpart 1.

Notice of termination of child care assistance to participants.

A.

The county must notify a participant in writing of the termination of child care assistance. The notice must include the following information:

(1)

the date the termination is effective;

(2)

the reason or reasons why assistance is being terminated;

(3)

the statute, rule, or county child care fund plan provision that supports termination of assistance;

(4)

the participant's right to appeal the termination and the procedure for doing so; and

(5)

when the participant appeals the proposed action before the effective date of termination, the participant may choose:

(a)

to receive benefits while the appeal is pending, subject to recovery if the termination is upheld; or

(b)

to not receive benefits while the appeal is pending and to receive reimbursement for documented eligible child care expenditures made or incurred pending appeal if the termination is reversed.

B.

If child care assistance under part 3400.0060 is being terminated because a participant has moved to another county, the notice also must state that to continue receiving child care assistance under part 3400.0060 from the new county, the participant must apply for child care assistance in the new county within 60 days of the move.

C.

The notice must be mailed to the participant's last known address at least 15 calendar days before terminating assistance.

D.

If the participant's child care assistance is terminated under part 3400.0183, subpart 2, item A, and, before the effective date of termination, the participant asks the county to continue child care assistance, the termination must not take effect. If the participant's child care assistance is terminated under part 3400.0183, subpart 2, item B, and, before the effective date of termination, the participant reestablishes eligibility for child care assistance, the termination must not take effect.

Subp. 2.

Notice of termination of child care assistance to providers.

A.

When a family's child care assistance is terminated, the county must send the family's child care provider a notice containing only the following information:

(1)

the family's name;

(2)

that child care assistance for the family has been terminated;

(3)

the effective date of the termination; and

(4)

that child care payments will no longer be made effective on the date of termination, unless the family asks to continue receiving assistance pending an appeal. The notice to a provider must not contain information on why payments will no longer be made.

B.

When a family stops using a provider but continues to receive assistance, the county must send the provider a notice containing the following information:

(1)

the family's name;

(2)

that the family has decided to stop using that provider;

(3)

the effective date that child care assistance payments will end; and

(4)

that child care payments will no longer be made effective on the date of termination.

C.

This item applies to participants using a provider licensed by the state of Minnesota. Except in cases where the provider's license has been temporarily immediately suspended under Minnesota Statutes, section 245A.07, the county must mail the notice to the participant at least 15 calendar days before terminating payment to the provider. When the provider's license has been temporarily immediately suspended under Minnesota Statutes, section 245A.07, the county must send a notice of termination to the provider that is effective on the date of the temporary immediate suspension.

D.

This item applies to participants using a legal nonlicensed provider, license exempt center, or provider licensed by an entity other than the state of Minnesota. Except in cases where there is an imminent risk of harm to the health, safety, or rights of a child in care, the county must mail the notice to the provider at least 15 calendar days before terminating payment to the provider. In cases where there is an imminent risk of harm to the health, safety, or rights of a child in care, the county must send a notice of termination that is effective on the date of the notice. Whether there is an imminent risk of harm is determined by the county that authorized the provider for the family.

Subp. 3.

Notice to participants of adverse actions.

A.

The county must give a participant written notice of any action adversely affecting the participant.

B.

The notice must include the following information:

(1)

a description of the adverse action;

(2)

the effective date of the adverse action;

(3)

the reason or reasons why the adverse action is being taken;

(4)

the statute, rule, or county child care fund plan provision that supports the adverse action;

(5)

that the participant has the right to appeal the adverse action and the procedure for doing so; and

(6)

that if the participant appeals the adverse action before the effective date of the action, the participant may choose:

(a)

to continue receiving the same level of benefits while the appeal is pending, subject to recoupment or recovery if the adverse action is upheld; or

(b)

to receive the level of benefits indicated by the adverse action while the appeal is pending and to receive reimbursement for documented eligible child care expenditures made or incurred pending appeal if the adverse action is reversed.

C.

The notice must be mailed to the participant's last known address at least 15 calendar days before the effective date of the adverse action.

D.

If the participant corrects the condition requiring an adverse action before the effective date of the adverse action, the adverse action must not take effect.

Subp. 4.

Notice to providers of actions adverse to families.

The county must give a provider written notice of the following actions adverse to families: a reduction in the hours of authorized care and an increase in the family's copayment. The notice must include only the following information:

A.

the family's name;

B.

a description of the adverse action that does not contain any information about why the action was taken;

C.

the effective date of the adverse action; and

D.

a statement that unless the family appeals the adverse action before the effective date, the adverse action will occur on the effective date. The notice must be mailed to the provider at least 15 calendar days before the effective date of the adverse action.

Subp. 5.

Notice to providers of actions adverse to the provider.

The county must give a provider written notice of the following actions adverse to the provider: a denial of authorization, a termination of authorization, a reduction in the number of hours of care with that provider, and a determination that the provider has an overpayment. The notice must include the following information:

A.

a description of the adverse action;

B.

the effective date of the adverse action; and

C.

a statement that unless a family appeals the adverse action before the effective date or the provider appeals the overpayment determination, the adverse action will occur on the effective date. The notice must be mailed to the provider at least 15 calendar days before the effective date of the adverse action.

Statutory Authority:

MS s 119B.02; 119B.04; 119B.06; 256.01

History:

26 SR 253; 33 SR 695

Published Electronically:

October 29, 2008