2004 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 mental retardation 
 or related conditions (ICF/MR). 

    Subd. 2.    County fees for background studies and 
 licensing inspections in family and group family child care.  
 (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 fee to an applicant 
 or license holder to recover the actual cost of licensing 
 inspections, but in any case not to exceed $150 annually. 

    (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. 

    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.    Annual license or certification fee for 
 programs with licensed capacity.  (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         Other
                                Center             Program
                                License Fee        License Fee
      1 to 24 persons               $300               $400
      25 to 49 persons              $450               $600
      50 to 74 persons              $600               $800
      75 to 99 persons              $750             $1,000
      100 to 124 persons            $900             $1,200
      125 to 149 persons          $1,200             $1,400
      150 to 174 persons          $1,400             $1,600
      175 to 199 persons          $1,600             $1,800
      200 to 224 persons          $1,800             $2,000
      225 or more persons         $2,000             $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.    Annual license or certification fee for 
 programs without a licensed capacity.  (a) Except as provided 
 in paragraph (b), 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. 

    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. 

    HIST: 1987 c 333 s 11; 1995 c 158 s 4; 2000 c 327 s 6; 1Sp2003 
 c 14 art 6 s 9