2 | | - | 1.2 relating to child care assistance; modifying child care assistance rates and funding |
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3 | | - | 1.3 priorities; modifying procedures for termination and disqualification of human |
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4 | | - | 1.4 services providers and grant recipients; appropriating money for child care |
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5 | | - | 1.5 assistance programs and grants; amending Minnesota Statutes 2022, sections |
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6 | | - | 1.6 119B.03, subdivision 4a; 119B.13, subdivisions 1, 4; 245.095; repealing Minnesota |
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7 | | - | 1.7 Statutes 2022, section 119B.03, subdivision 4. |
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8 | | - | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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9 | | - | 1.9 Section 1. Minnesota Statutes 2022, section 119B.03, subdivision 4a, is amended to read: |
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10 | | - | 1.10 Subd. 4a.Temporary reprioritization Funding priorities.(a) Notwithstanding |
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11 | | - | 1.11subdivision 4 In the event that inadequate funding necessitates the use of waiting lists, |
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12 | | - | 1.12priority for child care assistance under the basic sliding fee assistance program shall be |
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13 | | - | 1.13determined according to this subdivision beginning July 1, 2021, through May 31, 2024. |
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14 | | - | 1.14 (b) First priority must be given to eligible non-MFIP families who do not have a high |
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15 | | - | 1.15school diploma or commissioner of education-selected high school equivalency certification |
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16 | | - | 1.16or who need remedial and basic skill courses in order to pursue employment or to pursue |
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17 | | - | 1.17education leading to employment and who need child care assistance to participate in the |
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18 | | - | 1.18education program. This includes student parents as defined under section 119B.011, |
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19 | | - | 1.19subdivision 19b. Within this priority, the following subpriorities must be used: |
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20 | | - | 1.20 (1) child care needs of minor parents; |
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21 | | - | 1.21 (2) child care needs of parents under 21 years of age; and |
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22 | | - | 1.22 (3) child care needs of other parents within the priority group described in this paragraph. |
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| 2 | + | 1.2 relating to child care assistance; modifying child care assistance rates; amending |
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| 3 | + | 1.3 Minnesota Statutes 2022, section 119B.13, subdivisions 1, 4. |
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| 4 | + | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | + | 1.5 Section 1. Minnesota Statutes 2022, section 119B.13, subdivision 1, is amended to read: |
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| 6 | + | 1.6 Subdivision 1.Subsidy restrictions.(a) Beginning November 15 August 7, 2021 2023, |
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| 7 | + | 1.7the maximum rate paid for child care assistance in any county or county price cluster under |
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| 8 | + | 1.8the child care fund shall be: the greater of the 75th percentile of the most recent child care |
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| 9 | + | 1.9provider rate survey or the rates in effect at the time of the update. Thereafter, each rate |
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| 10 | + | 1.10change is effective the first full service period on or after January 1 of the year following |
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| 11 | + | 1.11the provider rate survey. |
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| 12 | + | 1.12 (1) for all infants and toddlers, the greater of the 40th percentile of the 2021 child care |
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| 13 | + | 1.13provider rate survey or the rates in effect at the time of the update; and |
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| 14 | + | 1.14 (2) for all preschool and school-age children, the greater of the 30th percentile of the |
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| 15 | + | 1.152021 child care provider rate survey or the rates in effect at the time of the update. |
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| 16 | + | 1.16 (b) Beginning the first full service period on or after January 1, 2025, the maximum rate |
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| 17 | + | 1.17paid for child care assistance in a county or county price cluster under the child care fund |
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| 18 | + | 1.18shall be: |
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| 19 | + | 1.19 (1) for all infants and toddlers, the greater of the 40th percentile of the 2024 child care |
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| 20 | + | 1.20provider rate survey or the rates in effect at the time of the update; and |
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| 21 | + | 1.21 (2) for all preschool and school-age children, the greater of the 30th percentile of the |
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| 22 | + | 1.222024 child care provider rate survey or the rates in effect at the time of the update. |
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35 | | - | Adoption of Report: Amended and re-referred to the Committee on Ways and Means01/23/2023 |
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36 | | - | Adoption of Report: Placed on the General Register as Amended02/08/2023 |
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37 | | - | Read for the Second Time 2.1 (c) Second priority must be given to families in which at least one parent is a veteran, |
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38 | | - | 2.2as defined under section 197.447. |
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39 | | - | 2.3 (d) Third priority must be given to eligible families who do not meet the specifications |
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40 | | - | 2.4of paragraph (b), (c), (e), or (f). |
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41 | | - | 2.5 (e) Fourth priority must be given to families who are eligible for portable basic sliding |
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42 | | - | 2.6fee assistance through the portability pool under subdivision 9. |
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43 | | - | 2.7 (f) Fifth priority must be given to eligible families receiving services under section |
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44 | | - | 2.8119B.011, subdivision 20a, if the parents have completed their MFIP or DWP transition |
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45 | | - | 2.9year, or if the parents are no longer receiving or eligible for DWP supports. |
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46 | | - | 2.10 (g) Families under paragraph (f) must be added to the basic sliding fee waiting list on |
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47 | | - | 2.11the date they complete their transition year under section 119B.011, subdivision 20. |
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48 | | - | 2.12 EFFECTIVE DATE.This section is effective July 1, 2023. |
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49 | | - | 2.13 Sec. 2. Minnesota Statutes 2022, section 119B.13, subdivision 1, is amended to read: |
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50 | | - | 2.14 Subdivision 1.Subsidy restrictions.(a) Beginning November 15 August 7, 2021 2023, |
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51 | | - | 2.15the maximum rate paid for child care assistance in any county or county price cluster under |
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52 | | - | 2.16the child care fund shall be: the greater of the 75th percentile of the most recent child care |
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53 | | - | 2.17provider rate survey or the rates in effect at the time of the update. Thereafter, each rate |
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54 | | - | 2.18change is effective the first full service period on or after January 1 of the year following |
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55 | | - | 2.19the provider rate survey. |
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56 | | - | 2.20 (1) for all infants and toddlers, the greater of the 40th percentile of the 2021 child care |
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57 | | - | 2.21provider rate survey or the rates in effect at the time of the update; and |
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58 | | - | 2.22 (2) for all preschool and school-age children, the greater of the 30th percentile of the |
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59 | | - | 2.232021 child care provider rate survey or the rates in effect at the time of the update. |
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60 | | - | 2.24 (b) Beginning the first full service period on or after January 1, 2025, the maximum rate |
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61 | | - | 2.25paid for child care assistance in a county or county price cluster under the child care fund |
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62 | | - | 2.26shall be: |
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63 | | - | 2.27 (1) for all infants and toddlers, the greater of the 40th percentile of the 2024 child care |
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64 | | - | 2.28provider rate survey or the rates in effect at the time of the update; and |
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65 | | - | 2.29 (2) for all preschool and school-age children, the greater of the 30th percentile of the |
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66 | | - | 2.302024 child care provider rate survey or the rates in effect at the time of the update. |
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67 | | - | 2.31The rates under paragraph (a) continue until the rates under this paragraph go into effect. |
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68 | | - | 2Sec. 2. |
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69 | | - | REVISOR DTT H0013-2HF13 SECOND ENGROSSMENT 3.1 (c) (b) For a child care provider located within the boundaries of a city located in two |
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70 | | - | 3.2or more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child |
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71 | | - | 3.3care assistance shall be equal to the maximum rate paid in the county with the highest |
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72 | | - | 3.4maximum reimbursement rates or the provider's charge, whichever is less. The commissioner |
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73 | | - | 3.5may: (1) assign a county with no reported provider prices to a similar price cluster; and (2) |
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74 | | - | 3.6consider county level access when determining final price clusters. |
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75 | | - | 3.7 (d) (c) A rate which includes a special needs rate paid under subdivision 3 may be in |
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76 | | - | 3.8excess of the maximum rate allowed under this subdivision. |
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77 | | - | 3.9 (e) (d) The department shall monitor the effect of this paragraph on provider rates. The |
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78 | | - | 3.10county shall pay the provider's full charges for every child in care up to the maximum |
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79 | | - | 3.11established. The commissioner shall determine the maximum rate for each type of care on |
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80 | | - | 3.12an hourly, full-day, and weekly basis, including special needs and disability care. |
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81 | | - | 3.13 (f) (e) If a child uses one provider, the maximum payment for one day of care must not |
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82 | | - | 3.14exceed the daily rate. The maximum payment for one week of care must not exceed the |
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83 | | - | 3.15weekly rate. |
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84 | | - | 3.16 (g) (f) If a child uses two providers under section 119B.097, the maximum payment |
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85 | | - | 3.17must not exceed: |
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86 | | - | 3.18 (1) the daily rate for one day of care; |
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87 | | - | 3.19 (2) the weekly rate for one week of care by the child's primary provider; and |
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88 | | - | 3.20 (3) two daily rates during two weeks of care by a child's secondary provider. |
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89 | | - | 3.21 (h) (g) Child care providers receiving reimbursement under this chapter must not be |
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90 | | - | 3.22paid activity fees or an additional amount above the maximum rates for care provided during |
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91 | | - | 3.23nonstandard hours for families receiving assistance. |
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92 | | - | 3.24 (i) (h) If the provider charge is greater than the maximum provider rate allowed, the |
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93 | | - | 3.25parent is responsible for payment of the difference in the rates in addition to any family |
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94 | | - | 3.26co-payment fee. |
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95 | | - | 3.27 (j) (i) The maximum registration fee paid for child care assistance in any county or |
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96 | | - | 3.28county price cluster under the child care fund shall be set as follows: (1) beginning November |
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97 | | - | 3.2915, 2021, the greater of the 40th percentile of the 2021 child care provider rate survey or |
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98 | | - | 3.30the registration fee in effect at the time of the update; and (2) beginning the first full service |
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99 | | - | 3.31period on or after January 1, 2025, the maximum registration fee shall be the greater of the |
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100 | | - | 3.3240th percentile of the 2024 child care provider rate survey or the registration fee in effect |
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101 | | - | 3.33at the time of the update. The registration fees under clause (1) continue until the registration |
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| 33 | + | Adoption of Report: Amended and re-referred to the Committee on Ways and Means01/23/2023 2.1The rates under paragraph (a) continue until the rates under this paragraph go into effect. |
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| 34 | + | 2.2 (c) (b) For a child care provider located within the boundaries of a city located in two |
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| 35 | + | 2.3or more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child |
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| 36 | + | 2.4care assistance shall be equal to the maximum rate paid in the county with the highest |
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| 37 | + | 2.5maximum reimbursement rates or the provider's charge, whichever is less. The commissioner |
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| 38 | + | 2.6may: (1) assign a county with no reported provider prices to a similar price cluster; and (2) |
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| 39 | + | 2.7consider county level access when determining final price clusters. |
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| 40 | + | 2.8 (d) (c) A rate which includes a special needs rate paid under subdivision 3 may be in |
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| 41 | + | 2.9excess of the maximum rate allowed under this subdivision. |
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| 42 | + | 2.10 (e) (d) The department shall monitor the effect of this paragraph on provider rates. The |
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| 43 | + | 2.11county shall pay the provider's full charges for every child in care up to the maximum |
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| 44 | + | 2.12established. The commissioner shall determine the maximum rate for each type of care on |
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| 45 | + | 2.13an hourly, full-day, and weekly basis, including special needs and disability care. |
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| 46 | + | 2.14 (f) (e) If a child uses one provider, the maximum payment for one day of care must not |
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| 47 | + | 2.15exceed the daily rate. The maximum payment for one week of care must not exceed the |
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| 48 | + | 2.16weekly rate. |
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| 49 | + | 2.17 (g) (f) If a child uses two providers under section 119B.097, the maximum payment |
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| 50 | + | 2.18must not exceed: |
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| 51 | + | 2.19 (1) the daily rate for one day of care; |
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| 52 | + | 2.20 (2) the weekly rate for one week of care by the child's primary provider; and |
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| 53 | + | 2.21 (3) two daily rates during two weeks of care by a child's secondary provider. |
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| 54 | + | 2.22 (h) (g) Child care providers receiving reimbursement under this chapter must not be |
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| 55 | + | 2.23paid activity fees or an additional amount above the maximum rates for care provided during |
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| 56 | + | 2.24nonstandard hours for families receiving assistance. |
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| 57 | + | 2.25 (i) (h) If the provider charge is greater than the maximum provider rate allowed, the |
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| 58 | + | 2.26parent is responsible for payment of the difference in the rates in addition to any family |
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| 59 | + | 2.27co-payment fee. |
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| 60 | + | 2.28 (j) (i) The maximum registration fee paid for child care assistance in any county or |
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| 61 | + | 2.29county price cluster under the child care fund shall be set as follows: (1) beginning November |
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| 62 | + | 2.3015, 2021, the greater of the 40th percentile of the 2021 child care provider rate survey or |
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| 63 | + | 2.31the registration fee in effect at the time of the update; and (2) beginning the first full service |
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| 64 | + | 2.32period on or after January 1, 2025, the maximum registration fee shall be the greater of the |
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| 65 | + | 2Section 1. |
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| 66 | + | REVISOR DTT H0013-1HF13 FIRST ENGROSSMENT 3.140th percentile of the 2024 child care provider rate survey or the registration fee in effect |
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| 67 | + | 3.2at the time of the update. The registration fees under clause (1) continue until the registration |
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| 68 | + | 3.3fees under clause (2) go into effect the greater of the 75th percentile of the most recent child |
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| 69 | + | 3.4care provider rate survey or the registration fee in effect at the time of the update. Each |
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| 70 | + | 3.5maximum registration fee update must be implemented on the same schedule as maximum |
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| 71 | + | 3.6child care assistance rate increases under paragraph (a). |
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| 72 | + | 3.7 (k) (j) Maximum registration fees must be set for licensed family child care and for child |
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| 73 | + | 3.8care centers. For a child care provider located in the boundaries of a city located in two or |
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| 74 | + | 3.9more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid |
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| 75 | + | 3.10for child care assistance shall be equal to the maximum registration fee paid in the county |
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| 76 | + | 3.11with the highest maximum registration fee or the provider's charge, whichever is less. |
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| 77 | + | 3.12 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 78 | + | 3.13 Sec. 2. Minnesota Statutes 2022, section 119B.13, subdivision 4, is amended to read: |
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| 79 | + | 3.14 Subd. 4.Rates charged to publicly subsidized families.Child care providers receiving |
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| 80 | + | 3.15reimbursement under this chapter may not charge a rate to clients receiving assistance under |
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| 81 | + | 3.16this chapter that is higher than the private, full-paying client rate. This subdivision shall not |
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| 82 | + | 3.17prohibit a child care provider receiving reimbursement under this chapter from providing |
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| 83 | + | 3.18discounts, scholarships, or other financial assistance to any clients. |
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| 84 | + | 3.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
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103 | | - | REVISOR DTT H0013-2HF13 SECOND ENGROSSMENT 4.1fees under clause (2) go into effect the greater of the 75th percentile of the most recent child |
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104 | | - | 4.2care provider rate survey or the registration fee in effect at the time of the update. Each |
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105 | | - | 4.3maximum registration fee update must be implemented on the same schedule as maximum |
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106 | | - | 4.4child care assistance rate increases under paragraph (a). |
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107 | | - | 4.5 (k) (j) Maximum registration fees must be set for licensed family child care and for child |
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108 | | - | 4.6care centers. For a child care provider located in the boundaries of a city located in two or |
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109 | | - | 4.7more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid |
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110 | | - | 4.8for child care assistance shall be equal to the maximum registration fee paid in the county |
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111 | | - | 4.9with the highest maximum registration fee or the provider's charge, whichever is less. |
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112 | | - | 4.10 EFFECTIVE DATE.This section is effective the day following final enactment. |
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113 | | - | 4.11 Sec. 3. Minnesota Statutes 2022, section 119B.13, subdivision 4, is amended to read: |
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114 | | - | 4.12 Subd. 4.Rates charged to publicly subsidized families.Child care providers receiving |
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115 | | - | 4.13reimbursement under this chapter may not charge a rate to clients receiving assistance under |
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116 | | - | 4.14this chapter that is higher than the private, full-paying client rate. This subdivision shall not |
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117 | | - | 4.15prohibit a child care provider receiving reimbursement under this chapter from providing |
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118 | | - | 4.16discounts, scholarships, or other financial assistance to any clients. |
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119 | | - | 4.17 EFFECTIVE DATE.This section is effective the day following final enactment. |
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120 | | - | 4.18 Sec. 4. Minnesota Statutes 2022, section 245.095, is amended to read: |
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121 | | - | 4.19 245.095 LIMITS ON RECEIVING PUBLIC FUNDS. |
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122 | | - | 4.20 Subdivision 1.Prohibition.(a) If a provider, vendor, or individual enrolled, licensed, |
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123 | | - | 4.21receiving funds under a grant contract, or registered in any program administered by the |
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124 | | - | 4.22commissioner, including under the commissioner's powers and authorities in section 256.01, |
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125 | | - | 4.23is excluded from that program, the commissioner shall: |
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126 | | - | 4.24 (1) prohibit the excluded provider, vendor, or individual from enrolling, becoming |
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127 | | - | 4.25licensed, receiving grant funds, or registering in any other program administered by the |
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128 | | - | 4.26commissioner; and |
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129 | | - | 4.27 (2) disenroll, revoke or suspend a license, disqualify, or debar the excluded provider, |
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130 | | - | 4.28vendor, or individual in any other program administered by the commissioner. |
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131 | | - | 4.29 (b) If a provider, vendor, or individual enrolled, licensed, receiving funds under a grant |
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132 | | - | 4.30contract, or registered in any program administered by the commissioner, including under |
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133 | | - | 4Sec. 4. |
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134 | | - | REVISOR DTT H0013-2HF13 SECOND ENGROSSMENT 5.1the commissioner's powers and authorities in section 256.01, is excluded from that program, |
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135 | | - | 5.2the commissioner may: |
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136 | | - | 5.3 (1) prohibit any associated entities or associated individuals from enrolling, becoming |
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137 | | - | 5.4licensed, receiving grant funds, or registering in any other program administered by the |
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138 | | - | 5.5commissioner; and |
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139 | | - | 5.6 (2) disenroll, revoke or suspend a license of, disqualify, or debar any associated entities |
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140 | | - | 5.7or associated individuals, in any other program administered by the commissioner. |
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141 | | - | 5.8 (c) If a provider, vendor, or individual enrolled, licensed, or otherwise receiving funds |
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142 | | - | 5.9under any contract or registered in any program administered by a Minnesota state or federal |
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143 | | - | 5.10agency is excluded from that program, the commissioner of human services may: |
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144 | | - | 5.11 (1) prohibit the excluded provider, vendor, or individual, or any associated entities or |
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145 | | - | 5.12associated individuals from enrolling, becoming licensed, receiving grant funds, or registering |
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146 | | - | 5.13in any program administered by the commissioner; and |
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147 | | - | 5.14 (2) disenroll, revoke or suspend a license of, disqualify, or debar the excluded provider, |
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148 | | - | 5.15vendor, or individual, or any associated entities or associated individuals, in any program |
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149 | | - | 5.16administered by the commissioner. |
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150 | | - | 5.17 (b) (d) The duration of this a prohibition, disenrollment, revocation, suspension, |
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151 | | - | 5.18disqualification, or debarment under paragraph (a) must last for the longest applicable |
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152 | | - | 5.19sanction or disqualifying period in effect for the provider, vendor, or individual permitted, |
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153 | | - | 5.20as by state or federal law. The duration of a prohibition, disenrollment, revocation, |
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154 | | - | 5.21suspension, disqualification, or debarment under paragraphs (b) and (c) may last up until |
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155 | | - | 5.22the longest applicable sanction or disqualifying period in effect for the provider, vendor, |
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156 | | - | 5.23individual, associated entity, or associated individual, as permitted by state or federal law. |
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157 | | - | 5.24 Subd. 2.Definitions.(a) For purposes of this section, the following definitions have the |
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158 | | - | 5.25meanings given them. |
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159 | | - | 5.26 (b) "Associated entity" means a provider or vendor owned or controlled by an excluded |
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160 | | - | 5.27individual. |
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161 | | - | 5.28 (c) "Associated individual" means an individual who owns or is an executive officer or |
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162 | | - | 5.29board member of an excluded provider or vendor. |
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163 | | - | 5.30 (b) (d) "Excluded" means disenrolled, disqualified, having a license that has been revoked |
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164 | | - | 5.31or suspended under chapter 245A, or debarred or suspended under Minnesota Rules, part |
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165 | | - | 5.321230.1150, or excluded pursuant to section 256B.064, subdivision 3 removed under other |
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166 | | - | 5Sec. 4. |
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167 | | - | REVISOR DTT H0013-2HF13 SECOND ENGROSSMENT 6.1authorities from a program administered by a Minnesota state or federal agency, including |
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168 | | - | 6.2a final determination to stop payments. |
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169 | | - | 6.3 (c) (e) "Individual" means a natural person providing products or services as a provider |
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170 | | - | 6.4or vendor. |
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171 | | - | 6.5 (d) (f) "Provider" includes any entity or individual receiving payment from a program |
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172 | | - | 6.6administered by the Department of Human Services, and an owner, controlling individual, |
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173 | | - | 6.7license holder, director, or managerial official of an entity receiving payment from a program |
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174 | | - | 6.8administered by the Department of Human Services means any entity, individual, owner, |
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175 | | - | 6.9controlling individual, license holder, director, or managerial official of an entity receiving |
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176 | | - | 6.10payment from a program administered by a Minnesota state or federal agency. |
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177 | | - | 6.11 Subd. 3.Notice.Within five days of taking an action under subdivision (1), paragraph |
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178 | | - | 6.12(a), (b), or (c), against a provider, vendor, individual, associated individual, or associated |
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179 | | - | 6.13entity, the commissioner must send notice of the action to the provider, vendor, individual, |
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180 | | - | 6.14associated individual, or associated entity. The notice must state: |
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181 | | - | 6.15 (1) the basis for the action; |
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182 | | - | 6.16 (2) the effective date of the action; |
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183 | | - | 6.17 (3) the right to appeal the action; and |
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184 | | - | 6.18 (4) the requirements and procedures for reinstatement. |
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185 | | - | 6.19 Subd. 4.Appeal.(a) Upon receipt of a notice under subdivision 3, a provider, vendor, |
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186 | | - | 6.20individual, associated individual, or associated entity may request a contested case hearing, |
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187 | | - | 6.21as defined in section 14.02, subdivision 3, by filing with the commissioner a written request |
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188 | | - | 6.22of appeal. The scope of any contested case hearing shall be solely limited to action taken |
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189 | | - | 6.23under this section. The commissioner must receive the appeal request no later than 30 days |
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190 | | - | 6.24after the date the notice was mailed to the provider, vendor, individual, associated individual, |
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191 | | - | 6.25or associated entity. The appeal request must specify: |
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192 | | - | 6.26 (1) each disputed item and the reason for the dispute; |
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193 | | - | 6.27 (2) the authority in statute or rule upon which the provider, vendor, individual, associated |
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194 | | - | 6.28individual, or associated entity relies for each disputed item; |
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195 | | - | 6.29 (3) the name and address of the person or entity with whom contacts may be made |
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196 | | - | 6.30regarding the appeal; and |
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197 | | - | 6.31 (4) any other information required by the commissioner. |
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198 | | - | 6Sec. 4. |
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199 | | - | REVISOR DTT H0013-2HF13 SECOND ENGROSSMENT 7.1 (b) The action of the commissioner shall be considered final and binding on the effective |
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200 | | - | 7.2date of the action as stated in the notice under subdivision 3, unless timely and proper appeal |
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201 | | - | 7.3is received by the commissioner. |
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202 | | - | 7.4 Subd. 5.Withholding of payments.(a) Except as otherwise provided by state or federal |
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203 | | - | 7.5law, the commissioner may withhold payments to a provider, vendor, individual, associated |
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204 | | - | 7.6individual, or associated entity in any program administered by the commissioner, if the |
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205 | | - | 7.7commissioner determines there is a credible allegation of fraud for which an investigation |
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206 | | - | 7.8is pending for a program administered by a Minnesota state or federal agency. |
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207 | | - | 7.9 (b) For purposes of this subdivision, a "credible allegation of fraud" is an allegation |
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208 | | - | 7.10which has been verified by the commissioner from any source, including but not limited |
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209 | | - | 7.11to: |
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210 | | - | 7.12 (1) fraud hotline complaints; |
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211 | | - | 7.13 (2) claims data mining; |
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212 | | - | 7.14 (3) patterns identified through provider audits, civil false claims cases, and law |
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213 | | - | 7.15enforcement investigations; and |
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214 | | - | 7.16 (4) court filings and other legal documents, including but not limited to police reports, |
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215 | | - | 7.17complaints, indictments, informations, affidavits, declarations, and search warrants. |
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216 | | - | 7.18 (c) The commissioner must send notice of the withholding of payments within five days |
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217 | | - | 7.19of taking such action. The notice must: |
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218 | | - | 7.20 (1) state that payments are being withheld according to this subdivision; |
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219 | | - | 7.21 (2) set forth the general allegations related to the withholding action, except the notice |
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220 | | - | 7.22need not disclose specific information concerning an ongoing investigation; |
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221 | | - | 7.23 (3) state that the withholding is for a temporary period and cite the circumstances under |
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222 | | - | 7.24which the withholding will be terminated; and |
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223 | | - | 7.25 (4) inform the provider, vendor, individual, associated individual, or associated entity |
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224 | | - | 7.26of the right to submit written evidence to contest the withholding action for consideration |
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225 | | - | 7.27by the commissioner. |
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226 | | - | 7.28 (d) The commissioner shall stop withholding payments if the commissioner determines |
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227 | | - | 7.29there is insufficient evidence of fraud by the provider, vendor, individual, associated |
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228 | | - | 7.30individual, or associated entity or when legal proceedings relating to the alleged fraud are |
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229 | | - | 7.31completed, unless the commissioner has sent notice under subdivision 3 to the provider, |
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230 | | - | 7.32vendor, individual, associated individual, or associated entity. |
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231 | | - | 7Sec. 4. |
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232 | | - | REVISOR DTT H0013-2HF13 SECOND ENGROSSMENT 8.1 (e) The withholding of payments is a temporary action and shall not be subject to appeal |
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233 | | - | 8.2under section 256.045 or chapter 14. |
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234 | | - | 8.3 Sec. 5. APPROPRIATIONS; DEPARTMENT OF HUMAN SERVICES. |
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235 | | - | 8.4 Subdivision 1.MFIP child care assistance.$56,176,000 in fiscal year 2024 and |
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236 | | - | 8.5$147,153,000 in fiscal year 2025 are appropriated from the general fund to the commissioner |
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237 | | - | 8.6of human services for child care grants. |
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238 | | - | 8.7 Subd. 2.Basic sliding fee child care grants.$62,834,000 in fiscal year 2024 and |
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239 | | - | 8.8$86,778,000 in fiscal year 2025 are appropriated from the general fund to the commissioner |
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240 | | - | 8.9for child care grants. The general fund base for this appropriation is $91,537,000 in fiscal |
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241 | | - | 8.10year 2026 and $88,318,000 in fiscal year 2027. |
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242 | | - | 8.11 Subd. 3.Central office operations.(a) $268,000 in fiscal year 2024 and $4,000 in fiscal |
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243 | | - | 8.12year 2025 are appropriated from the general fund to the commissioner for the state share |
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244 | | - | 8.13of technology systems costs related to changes in this act. The general fund base for this |
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245 | | - | 8.14appropriation is $4,000 in fiscal year 2026 and $4,000 in fiscal year 2027. |
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246 | | - | 8.15 (b) $573,000 in fiscal year 2024 and $669,000 in fiscal year 2025 are appropriated from |
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247 | | - | 8.16the general fund to the commissioner for staffing costs related to changes in this act. The |
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248 | | - | 8.17general fund base for this appropriation is $669,000 in fiscal year 2026 and $669,000 in |
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249 | | - | 8.18fiscal year 2027. |
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250 | | - | 8.19 (c) $50,000 in fiscal year 2024 and $50,000 in fiscal year 2025 are appropriated from |
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251 | | - | 8.20the general fund to the commissioner for appeals adjudication costs related to changes in |
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252 | | - | 8.21this act. The general fund base for this appropriation is $50,000 in fiscal year 2026 and |
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253 | | - | 8.22$50,000 in fiscal year 2027. |
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254 | | - | 8.23 Sec. 6. REPEALER. |
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255 | | - | 8.24 Minnesota Statutes 2022, section 119B.03, subdivision 4, is repealed effective July 1, |
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256 | | - | 8.252023. |
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257 | | - | 8Sec. 6. |
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258 | | - | REVISOR DTT H0013-2HF13 SECOND ENGROSSMENT 119B.03 BASIC SLIDING FEE PROGRAM. |
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259 | | - | Subd. 4.Funding priority.(a) First priority for child care assistance under the basic sliding |
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260 | | - | fee program must be given to eligible non-MFIP families who do not have a high school diploma |
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261 | | - | or commissioner of education-selected high school equivalency certification or who need remedial |
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262 | | - | and basic skill courses in order to pursue employment or to pursue education leading to employment |
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263 | | - | and who need child care assistance to participate in the education program. This includes student |
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264 | | - | parents as defined under section 119B.011, subdivision 19b. Within this priority, the following |
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265 | | - | subpriorities must be used: |
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266 | | - | (1) child care needs of minor parents; |
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267 | | - | (2) child care needs of parents under 21 years of age; and |
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268 | | - | (3) child care needs of other parents within the priority group described in this paragraph. |
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269 | | - | (b) Second priority must be given to parents who have completed their MFIP or DWP transition |
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270 | | - | year, or parents who are no longer receiving or eligible for diversionary work program supports. |
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271 | | - | (c) Third priority must be given to families who are eligible for portable basic sliding fee |
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272 | | - | assistance through the portability pool under subdivision 9. |
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273 | | - | (d) Fourth priority must be given to families in which at least one parent is a veteran as defined |
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274 | | - | under section 197.447. |
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275 | | - | (e) Families under paragraph (b) must be added to the basic sliding fee waiting list on the date |
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276 | | - | they begin the transition year under section 119B.011, subdivision 20, and must be moved into the |
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277 | | - | basic sliding fee program as soon as possible after they complete their transition year. |
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278 | | - | 1R |
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279 | | - | APPENDIX |
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280 | | - | Repealed Minnesota Statutes: H0013-2 |
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| 86 | + | REVISOR DTT H0013-1HF13 FIRST ENGROSSMENT |
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