2004 Minnesota Statutes

     119B.13 Child care rates. 

    Subdivision 1.    Subsidy restrictions.  The maximum 
 rate paid for child care assistance under the child care fund 
 may not exceed the 75th percentile rate for like-care 
 arrangements in the county as surveyed by the commissioner.  A 
 rate which includes a special needs rate paid under subdivision 
 3 may be in excess of the maximum rate allowed under this 
 subdivision.  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 handicapped care.  Not 
 less than once every two years, the commissioner shall evaluate 
 market practices for payment of absences and shall establish 
 policies for payment of absent days that reflect current market 
 practice. 

    When 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. 

    Subd. 1a.    Legal nonlicensed family child care provider 
 rates.  (a) Legal nonlicensed family child care providers 
 receiving reimbursement under this chapter must be paid on an 
 hourly basis for care provided to families receiving assistance. 

    (b) The maximum rate paid to legal nonlicensed family child 
 care providers must be 80 percent of the county maximum hourly 
 rate for licensed family child care providers.  In counties 
 where the maximum hourly rate for licensed family child care 
 providers is higher than the maximum weekly rate for those 
 providers divided by 50, the maximum hourly rate that may be 
 paid to legal nonlicensed family child care providers is the 
 rate equal to the maximum weekly rate for licensed family child 
 care providers divided by 50 and then multiplied by 0.80. 

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

    (d) Legal nonlicensed family child care providers receiving 
 reimbursement under this chapter may not be paid registration 
 fees for families receiving assistance. 

    Subd. 2. Repealed, 1Sp2003 c 14 art 9 s 38 

    Subd. 3.    Provider rate for care of children with 
 handicaps or special needs.  Counties shall reimburse 
 providers for the care of children with handicaps or special 
 needs, at a special rate to be approved by the county for care 
 of these children, subject to the approval of the commissioner. 

    Subd. 4.    Rates charged to publicly subsidized families. 
  Child care providers receiving reimbursement under this 
 chapter may not charge a rate to clients receiving assistance 
 under this chapter that is higher than the private, full-paying 
 client rate. 

    Subd. 5.    Provider notice.  The county shall inform 
 both the family receiving assistance under this chapter and the 
 child care provider of the payment amount and how and when 
 payment will be received.  If the county sends a family a notice 
 that child care assistance will be terminated, the county shall 
 inform the provider that unless the family requests to continue 
 to receive assistance pending an appeal, child care payments 
 will no longer be made.  The notice to the provider must not 
 contain any private data on the family or information on why 
 payment will no longer be made. 

    Subd. 6.    Provider payments.  (a) Counties or the 
 state shall make vendor payments to the child care provider or 
 pay the parent directly for eligible child care expenses.  

    (b) If payments for child care assistance are made to 
 providers, the provider shall bill the county for services 
 provided within ten days of the end of the service period.  If 
 bills are submitted within ten days of the end of the service 
 period, a county or the state shall issue payment to the 
 provider of child care under the child care fund within 30 days 
 of receiving a bill from the provider.  Counties or the state 
 may establish policies that make payments on a more frequent 
 basis.  

    (c) All bills must be submitted within 60 days of the last 
 date of service on the bill.  A county may pay a bill submitted 
 more than 60 days after the last date of service if the provider 
 shows good cause why the bill was not submitted within 60 days.  
 Good cause must be defined in the county's child care fund plan 
 under section 119B.08, subdivision 3, and the definition of good 
 cause must include county error.  A county may not pay any bill 
 submitted more than a year after the last date of service on the 
 bill. 

    (d) A county may stop payment issued to a provider or may 
 refuse to pay a bill submitted by a provider if: 

    (1) the provider admits to intentionally giving the county 
 materially false information on the provider's billing forms; or 

    (2) a county finds by a preponderance of the evidence that 
 the provider intentionally gave the county materially false 
 information on the provider's billing forms. 

    (e) A county's payment policies must be included in the 
 county's child care plan under section 119B.08, subdivision 3.  
 If payments are made by the state, in addition to being in 
 compliance with this subdivision, the payments must be made in 
 compliance with section 16A.124. 

    HIST: 1Sp1985 c 14 art 9 s 72; 1987 c 290 s 1; 1989 c 282 art 
 2 s 151; 1990 c 568 art 4 s 52,53; 1991 c 292 art 5 s 58-60; 
 1995 c 207 art 4 s 36; 1Sp1995 c 3 art 16 s 13; 1997 c 162 art 4 
 s 38-40; 1Sp1997 c 5 s 48; 1999 c 205 art 1 s 34; 1Sp2001 c 3 
 art 1 s 6; 1Sp2003 c 14 art 9 s 22-24; 2004 c 288 art 4 s 18,19