2007 Minnesota Statutes

245A.10 FEES.
    Subdivision 1. Application or license fee required, programs exempt from fee. (a) Unless
exempt under paragraph (b), the commissioner shall charge a fee for evaluation of applications
and inspection of programs which are licensed under this chapter.
(b) Except as provided under subdivision 2, no application or license fee shall be charged for
child foster care, adult foster care, family and group family child care or state-operated programs,
unless the state-operated program is an intermediate care facility for persons with developmental
disabilities (ICF/MR).
    Subd. 2. County fees for background studies and licensing inspections. (a) For purposes
of family and group family child care licensing under this chapter, a county agency may charge a
fee to an applicant or license holder to recover the actual cost of background studies, but in any
case not to exceed $100 annually. A county agency may also charge a license fee to an applicant
or license holder not to exceed $50 for a one-year license or $100 for a two-year license.
    (b) A county agency may charge a fee to a legal nonlicensed child care provider or applicant
for authorization to recover the actual cost of background studies completed under section
119B.125, but in any case not to exceed $100 annually.
    (c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):
    (1) in cases of financial hardship;
    (2) if the county has a shortage of providers in the county's area;
    (3) for new providers; or
    (4) for providers who have attained at least 16 hours of training before seeking initial
licensure.
    (d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on an
installment basis for up to one year. If the provider is receiving child care assistance payments
from the state, the provider may have the fees under paragraph (a) or (b) deducted from the child
care assistance payments for up to one year and the state shall reimburse the county for the
county fees collected in this manner.
    (e) For purposes of adult foster care and child foster care licensing under this chapter, a
county agency may charge a fee to a corporate applicant or corporate license holder to recover
the actual cost of background studies. A county agency may also charge a fee to a corporate
applicant or corporate license holder to recover the actual cost of licensing inspections, not to
exceed $500 annually.
    (f) Counties may elect to reduce or waive the fees in paragraph (e) under the following
circumstances:
(1) in cases of financial hardship;
(2) if the county has a shortage of providers in the county's area; or
(3) for new providers.
    Subd. 3. Application fee for initial license or certification. (a) For fees required under
subdivision 1, an applicant for an initial license or certification issued by the commissioner shall
submit a $500 application fee with each new application required under this subdivision. The
application fee shall not be prorated, is nonrefundable, and is in lieu of the annual license or
certification fee that expires on December 31. The commissioner shall not process an application
until the application fee is paid.
(b) Except as provided in clauses (1) to (3), an applicant shall apply for a license to provide
services at a specific location.
(1) For a license to provide waivered services to persons with developmental disabilities or
related conditions, an applicant shall submit an application for each county in which the waivered
services will be provided.
(2) For a license to provide semi-independent living services to persons with developmental
disabilities or related conditions, an applicant shall submit a single application to provide services
statewide.
(3) For a license to provide independent living assistance for youth under section 245A.22,
an applicant shall submit a single application to provide services statewide.
    Subd. 4. License or certification fee for certain programs. (a) Child care centers and
programs with a licensed capacity shall pay an annual nonrefundable license or certification
fee based on the following schedule:

	Licensed Capacity	Child Care Center License Fee		Other Program License Fee
	1 to 24 persons	$225		$400
	25 to 49 persons	$340		$600
	50 to 74 persons	$450		$800
	75 to 99 persons	$565		$1,000
	100 to 124 persons	$675		$1,200
	125 to 149 persons	$900		$1,400
	150 to 174 persons	$1,050		$1,600
	175 to 199 persons	$1,200		$1,800
	200 to 224 persons	$1,350		$2,000
	225 or more persons	$1,500		$2,500

(b) A day training and habilitation program serving persons with developmental disabilities
or related conditions shall be assessed a license fee based on the schedule in paragraph (a) unless
the license holder serves more than 50 percent of the same persons at two or more locations in
the community. When a day training and habilitation program serves more than 50 percent of
the same persons in two or more locations in a community, the day training and habilitation
program shall pay a license fee based on the licensed capacity of the largest facility and the other
facility or facilities shall be charged a license fee based on a licensed capacity of a residential
program serving one to 24 persons.
    Subd. 5. License or certification fee for other programs. (a) Except as provided in
paragraphs (b) and (c), a program without a stated licensed capacity shall pay a license or
certification fee of $400.
(b) A mental health center or mental health clinic requesting certification for purposes of
insurance and subscriber contract reimbursement under Minnesota Rules, parts 9520.0750 to
9520.0870, shall pay a certification fee of $1,000 per year. If the mental health center or mental
health clinic provides services at a primary location with satellite facilities, the satellite facilities
shall be certified with the primary location without an additional charge.
(c) A program licensed to provide residential-based habilitation services under the home
and community-based waiver for persons with developmental disabilities shall pay an annual
license fee that includes a base rate of $250 plus $38 times the number of clients served on
the first day of August of the current license year. State-operated programs are exempt from
the license fee under this paragraph.
    Subd. 6. License not issued until license or certification fee is paid. The commissioner
shall not issue a license or certification until the license or certification fee is paid. The
commissioner shall send a bill for the license or certification fee to the billing address identified
by the license holder. If the license holder does not submit the license or certification fee payment
by the due date, the commissioner shall send the license holder a past due notice. If the license
holder fails to pay the license or certification fee by the due date on the past due notice, the
commissioner shall send a final notice to the license holder informing the license holder that the
program license will expire on December 31 unless the license fee is paid before December 31.
If a license expires, the program is no longer licensed and, unless exempt from licensure under
section 245A.03, subdivision 2, must not operate after the expiration date. After a license expires,
if the former license holder wishes to provide licensed services, the former license holder must
submit a new license application and application fee under subdivision 3.
History: 1987 c 333 s 11; 1995 c 158 s 4; 2000 c 327 s 6; 1Sp2003 c 14 art 6 s 9; 2005 c 56
s 1; 1Sp2005 c 4 art 3 s 4; art 5 s 6; 2007 c 112 s 12; 2007 c 147 art 3 s 2
NOTE:Subdivision 2, paragraphs (e) and (f), as added by Laws 2007, chapter 112, section
12, are effective August 1, 2008. Laws 2007, chapter 112, section 12, the effective date.