Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF1916 Introduced / Bill

Filed 03/04/2025

                    1.1	A bill for an act​
1.2 relating to child care; establishing program integrity requirements in the child care​
1.3 assistance program; directing the commissioner of children, youth, and families​
1.4 to establish an electronic record-keeping system for child care enrollment; requiring​
1.5 reports; appropriating money; amending Minnesota Statutes 2024, sections 13.461,​
1.6 subdivision 28; 142A.03, subdivision 2; 142E.17, subdivision 9; proposing coding​
1.7 for new law in Minnesota Statutes, chapter 142E.​
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.9 Section 1. Minnesota Statutes 2024, section 13.461, subdivision 28, is amended to read:​
1.10 Subd. 28.Child care assistance program.(a) Data collected, maintained, used, or​
1.11disseminated by the welfare system pertaining to persons selected as legal nonlicensed child​
1.12care providers by families receiving child care assistance are classified under section 142E.02,​
1.13subdivision 6, paragraph (a). Child care assistance program payment data is classified under​
1.14section 142E.02, subdivision 6, paragraph (b).​
1.15 (b) Video footage of child care provider operations collected or maintained by the​
1.16commissioner of children, youth, and families is classified under section 142E.161,​
1.17subdivision 5.​
1.18 Sec. 2. Minnesota Statutes 2024, section 142A.03, subdivision 2, is amended to read:​
1.19 Subd. 2.Duties of the commissioner.(a) The commissioner may apply for and accept​
1.20on behalf of the state any grants, bequests, gifts, or contributions for the purpose of carrying​
1.21out the duties and responsibilities of the commissioner. Any money received under this​
1.22paragraph is appropriated and dedicated for the purpose for which the money is granted.​
1.23The commissioner must biennially report to the chairs and ranking minority members of​
1​Sec. 2.​
REVISOR DTT/MI 25-04045​02/25/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  1916​
NINETY-FOURTH SESSION​
Authored by West​03/05/2025​
The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy​ 2.1relevant legislative committees and divisions by January 15 of each even-numbered year a​
2.2list of all grants and gifts received under this subdivision.​
2.3 (b) Pursuant to law, the commissioner may apply for and receive money made available​
2.4from federal sources for the purpose of carrying out the duties and responsibilities of the​
2.5commissioner.​
2.6 (c) The commissioner may make contracts with and grants to Tribal Nations, public and​
2.7private agencies, for-profit and nonprofit organizations, and individuals using appropriated​
2.8money.​
2.9 (d) The commissioner must develop program objectives and performance measures for​
2.10evaluating progress toward achieving the objectives. The commissioner must identify the​
2.11objectives, performance measures, and current status of achieving the measures in a biennial​
2.12report to the chairs and ranking minority members of relevant legislative committees and​
2.13divisions. The report is due no later than January 15 each even-numbered year. The report​
2.14must include, when possible, the following objectives:​
2.15 (1) centering and including the lived experiences of children and youth, including those​
2.16with disabilities and mental illness and their families, in all aspects of the department's work;​
2.17 (2) increasing the effectiveness of the department's programs in addressing the needs of​
2.18children and youth facing racial, economic, or geographic inequities;​
2.19 (3) increasing coordination and reducing inefficiencies among the department's programs​
2.20and the funding sources that support the programs;​
2.21 (4) increasing the alignment and coordination of family access to child care and early​
2.22learning programs and improving systems of support for early childhood and learning​
2.23providers and services;​
2.24 (5) improving the connection between the department's programs and the kindergarten​
2.25through grade 12 and higher education systems; and​
2.26 (6) minimizing and streamlining the effort required of youth and families to receive​
2.27services to which the youth and families are entitled.​
2.28 (e) The commissioner shall administer and supervise the forms of public assistance and​
2.29other activities or services that are vested in the commissioner. Administration and​
2.30supervision of activities or services includes but is not limited to assuring timely and accurate​
2.31distribution of benefits, completeness of service, and quality program management. In​
2.32addition to administering and supervising activities vested by law in the department, the​
2.33commissioner has the authority to:​
2​Sec. 2.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 3.1 (1) require county agency participation in training and technical assistance programs to​
3.2promote compliance with statutes, rules, federal laws, regulations, and policies governing​
3.3the programs and activities administered by the commissioner;​
3.4 (2) monitor, on an ongoing basis, the performance of county agencies in the operation​
3.5and administration of activities and programs; enforce compliance with statutes, rules,​
3.6federal laws, regulations, and policies governing welfare services; and promote excellence​
3.7of administration and program operation;​
3.8 (3) develop a quality control program or other monitoring program to review county​
3.9performance and accuracy of benefit determinations;​
3.10 (4) require county agencies to make an adjustment to the public assistance benefits issued​
3.11to any individual consistent with federal law and regulation and state law and rule and to​
3.12issue or recover benefits as appropriate;​
3.13 (5) delay or deny payment of all or part of the state and federal share of benefits and​
3.14administrative reimbursement according to the procedures set forth in section 142A.10;​
3.15 (6) make contracts with and grants to public and private agencies and organizations,​
3.16both for-profit and nonprofit, and individuals, using appropriated funds; and​
3.17 (7) enter into contractual agreements with federally recognized Indian Tribes with a​
3.18reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved​
3.19family assistance program or any other program under the supervision of the commissioner.​
3.20The commissioner shall consult with the affected county or counties in the contractual​
3.21agreement negotiations, if the county or counties wish to be included, in order to avoid the​
3.22duplication of county and Tribal assistance program services. The commissioner may​
3.23establish necessary accounts for the purposes of receiving and disbursing funds as necessary​
3.24for the operation of the programs.​
3.25The commissioner shall work in conjunction with the commissioner of human services to​
3.26carry out the duties of this paragraph when necessary and feasible.​
3.27 (f) The commissioner shall inform county agencies, on a timely basis, of changes in​
3.28statute, rule, federal law, regulation, and policy necessary to county agency administration​
3.29of the programs and activities administered by the commissioner.​
3.30 (g) The commissioner shall administer and supervise child welfare activities, including​
3.31promoting the enforcement of laws preventing child maltreatment and protecting children​
3.32with a disability and children who are in need of protection or services, licensing and​
3.33supervising child care and child-placing agencies, and supervising the care of children in​
3​Sec. 2.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 4.1foster care. The commissioner shall coordinate with the commissioner of human services​
4.2on activities impacting children overseen by the Department of Human Services, such as​
4.3disability services, behavioral health, and substance use disorder treatment.​
4.4 (h) The commissioner shall assist and cooperate with local, state, and federal departments,​
4.5agencies, and institutions.​
4.6 (i) The commissioner shall establish and maintain any administrative units reasonably​
4.7necessary for the performance of administrative functions common to all divisions of the​
4.8department.​
4.9 (j) The commissioner shall act as designated guardian of children pursuant to chapter​
4.10260C. For children under the guardianship of the commissioner or a Tribe in Minnesota​
4.11recognized by the Secretary of the Interior whose interests would be best served by adoptive​
4.12placement, the commissioner may contract with a licensed child-placing agency or a​
4.13Minnesota Tribal social services agency to provide adoption services. A contract with a​
4.14licensed child-placing agency must be designed to supplement existing county efforts and​
4.15may not replace existing county programs or Tribal social services, unless the replacement​
4.16is agreed to by the county board and the appropriate exclusive bargaining representative,​
4.17Tribal governing body, or the commissioner has evidence that child placements of the county​
4.18continue to be substantially below that of other counties. Funds encumbered and obligated​
4.19under an agreement for a specific child shall remain available until the terms of the agreement​
4.20are fulfilled or the agreement is terminated.​
4.21 (k) The commissioner has the authority to conduct and administer experimental projects​
4.22to test methods and procedures of administering assistance and services to recipients or​
4.23potential recipients of public benefits. To carry out the experimental projects, the​
4.24commissioner may waive the enforcement of existing specific statutory program​
4.25requirements, rules, and standards in one or more counties. The order establishing the waiver​
4.26must provide alternative methods and procedures of administration and must not conflict​
4.27with the basic purposes, coverage, or benefits provided by law. No project under this​
4.28paragraph shall exceed four years. No order establishing an experimental project as authorized​
4.29by this paragraph is effective until the following conditions have been met:​
4.30 (1) the United States Secretary of Health and Human Services has agreed, for the same​
4.31project, to waive state plan requirements relative to statewide uniformity; and​
4.32 (2) a comprehensive plan, including estimated project costs, has been approved by the​
4.33Legislative Advisory Commission and filed with the commissioner of administration.​
4​Sec. 2.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 5.1 (l) The commissioner shall, according to federal requirements and in coordination with​
5.2the commissioner of human services, establish procedures to be followed by local welfare​
5.3boards in creating citizen advisory committees, including procedures for selection of​
5.4committee members.​
5.5 (m) The commissioner shall allocate federal fiscal disallowances or sanctions that are​
5.6based on quality control error rates for the aid to families with dependent children (AFDC)​
5.7program formerly codified in sections 256.72 to 256.87 or the Supplemental Nutrition​
5.8Assistance Program (SNAP) in the following manner:​
5.9 (1) one-half of the total amount of the disallowance shall be borne by the county boards​
5.10responsible for administering the programs. For AFDC, disallowances shall be shared by​
5.11each county board in the same proportion as that county's expenditures to the total of all​
5.12counties' expenditures for AFDC. For SNAP, sanctions shall be shared by each county​
5.13board, with 50 percent of the sanction being distributed to each county in the same proportion​
5.14as that county's administrative costs for SNAP benefits are to the total of all SNAP​
5.15administrative costs for all counties, and 50 percent of the sanctions being distributed to​
5.16each county in the same proportion as that county's value of SNAP benefits issued are to​
5.17the total of all benefits issued for all counties. Each county shall pay its share of the​
5.18disallowance to the state of Minnesota. When a county fails to pay the amount due under​
5.19this paragraph, the commissioner may deduct the amount from reimbursement otherwise​
5.20due the county, or the attorney general, upon the request of the commissioner, may institute​
5.21civil action to recover the amount due; and​
5.22 (2) notwithstanding the provisions of clause (1), if the disallowance results from knowing​
5.23noncompliance by one or more counties with a specific program instruction, and that knowing​
5.24noncompliance is a matter of official county board record, the commissioner may require​
5.25payment or recover from the county or counties, in the manner prescribed in clause (1), an​
5.26amount equal to the portion of the total disallowance that resulted from the noncompliance​
5.27and may distribute the balance of the disallowance according to clause (1).​
5.28 (n) The commissioner shall develop and implement special projects that maximize​
5.29reimbursements and result in the recovery of money to the state. For the purpose of recovering​
5.30state money, the commissioner may enter into contracts with third parties. Any recoveries​
5.31that result from projects or contracts entered into under this paragraph shall be deposited​
5.32in the state treasury and credited to a special account until the balance in the account reaches​
5.33$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be​
5.34transferred and credited to the general fund. All money in the account is appropriated to the​
5.35commissioner for the purposes of this paragraph.​
5​Sec. 2.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 6.1 (o) The commissioner has the authority to establish and enforce the following county​
6.2reporting requirements:​
6.3 (1) the commissioner shall establish fiscal and statistical reporting requirements necessary​
6.4to account for the expenditure of funds allocated to counties for programs administered by​
6.5the commissioner. When establishing financial and statistical reporting requirements, the​
6.6commissioner shall evaluate all reports, in consultation with the counties, to determine if​
6.7the reports can be simplified or the number of reports can be reduced;​
6.8 (2) the county board shall submit monthly or quarterly reports to the department as​
6.9required by the commissioner. Monthly reports are due no later than 15 working days after​
6.10the end of the month. Quarterly reports are due no later than 30 calendar days after the end​
6.11of the quarter, unless the commissioner determines that the deadline must be shortened to​
6.1220 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss​
6.13of federal funding. Only reports that are complete, legible, and in the required format shall​
6.14be accepted by the commissioner;​
6.15 (3) if the required reports are not received by the deadlines established in clause (2), the​
6.16commissioner may delay payments and withhold funds from the county board until the next​
6.17reporting period. When the report is needed to account for the use of federal funds and the​
6.18late report results in a reduction in federal funding, the commissioner shall withhold from​
6.19the county boards with late reports an amount equal to the reduction in federal funding until​
6.20full federal funding is received;​
6.21 (4) a county board that submits reports that are late, illegible, incomplete, or not in the​
6.22required format for two out of three consecutive reporting periods is considered​
6.23noncompliant. When a county board is found to be noncompliant, the commissioner shall​
6.24notify the county board of the reason the county board is considered noncompliant and​
6.25request that the county board develop a corrective action plan stating how the county board​
6.26plans to correct the problem. The corrective action plan must be submitted to the​
6.27commissioner within 45 days after the date the county board received notice of​
6.28noncompliance;​
6.29 (5) the final deadline for fiscal reports or amendments to fiscal reports is one year after​
6.30the date the report was originally due. If the commissioner does not receive a report by the​
6.31final deadline, the county board forfeits the funding associated with the report for that​
6.32reporting period and the county board must repay any funds associated with the report​
6.33received for that reporting period;​
6​Sec. 2.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 7.1 (6) the commissioner may not delay payments, withhold funds, or require repayment​
7.2under clause (3) or (5) if the county demonstrates that the commissioner failed to provide​
7.3appropriate forms, guidelines, and technical assistance to enable the county to comply with​
7.4the requirements. If the county board disagrees with an action taken by the commissioner​
7.5under clause (3) or (5), the county board may appeal the action according to sections 14.57​
7.6to 14.69; and​
7.7 (7) counties subject to withholding of funds under clause (3) or forfeiture or repayment​
7.8of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover​
7.9costs incurred due to actions taken by the commissioner under clause (3) or (5).​
7.10 (p) The commissioner shall allocate federal fiscal disallowances or sanctions for audit​
7.11exceptions when federal fiscal disallowances or sanctions are based on a statewide random​
7.12sample in direct proportion to each county's claim for that period.​
7.13 (q) The commissioner is responsible for ensuring the detection, prevention, investigation,​
7.14and resolution of fraudulent activities or behavior by applicants, recipients, and other​
7.15participants in the programs administered by the department. The commissioner shall​
7.16cooperate with the commissioner of education to enforce the requirements for program​
7.17integrity and fraud prevention for investigation for child care assistance under chapter 142E.​
7.18By January 15 each year, the commissioner must publish a report on the department's website​
7.19that summarizes the actions the department took in the previous calendar year to comply​
7.20with this paragraph and provides the results of the department's actions, disaggregated by​
7.21program.​
7.22 (r) The commissioner shall require county agencies to identify overpayments, establish​
7.23claims, and utilize all available and cost-beneficial methodologies to collect and recover​
7.24these overpayments in the programs administered by the department.​
7.25 (s) The commissioner shall develop recommended standards for child foster care homes​
7.26that address the components of specialized therapeutic services to be provided by child​
7.27foster care homes with those services.​
7.28 (t) The commissioner shall authorize the method of payment to or from the department​
7.29as part of the programs administered by the department. This authorization includes the​
7.30receipt or disbursement of funds held by the department in a fiduciary capacity as part of​
7.31the programs administered by the department.​
7.32 (u) In coordination with the commissioner of human services, the commissioner shall​
7.33create and provide county and Tribal agencies with blank applications, affidavits, and other​
7.34forms as necessary for public assistance programs.​
7​Sec. 2.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 8.1 (v) The commissioner shall cooperate with the federal government and its public welfare​
8.2agencies in any reasonable manner as may be necessary to qualify for federal aid for​
8.3temporary assistance for needy families and in conformity with Title I of Public Law 104-193,​
8.4the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and successor​
8.5amendments, including making reports that contain information required by the federal​
8.6Social Security Advisory Board and complying with any provisions the board may find​
8.7necessary to assure the correctness and verification of the reports.​
8.8 (w) On or before January 15 in each even-numbered year, the commissioner shall make​
8.9a biennial report to the governor concerning the activities of the agency.​
8.10 (x) The commissioner shall enter into agreements with other departments of the state as​
8.11necessary to meet all requirements of the federal government.​
8.12 (y) The commissioner may cooperate with other state agencies in establishing reciprocal​
8.13agreements in instances where a child receiving Minnesota family investment program​
8.14(MFIP) assistance or its out-of-state equivalent moves or contemplates moving into or out​
8.15of the state, in order that the child may continue to receive MFIP or equivalent aid from the​
8.16state moved from until the child has resided for one year in the state moved to.​
8.17 (z) The commissioner shall provide appropriate technical assistance to county agencies​
8.18to develop methods to have county financial workers remind and encourage recipients of​
8.19aid to families with dependent children, the Minnesota family investment program, the​
8.20Minnesota family investment plan, family general assistance, or SNAP benefits whose​
8.21assistance unit includes at least one child under the age of five to have each young child​
8.22immunized against childhood diseases. The commissioner must examine the feasibility of​
8.23utilizing the capacity of a statewide computer system to assist county agency financial​
8.24workers in performing this function at appropriate intervals.​
8.25 (aa) The commissioner shall have the power and authority to accept on behalf of the​
8.26state contributions and gifts for the use and benefit of children under the guardianship or​
8.27custody of the commissioner. The commissioner may also receive and accept on behalf of​
8.28such children money due and payable to them as old age and survivors insurance benefits,​
8.29veterans benefits, pensions, or other such monetary benefits. Gifts, contributions, pensions,​
8.30and benefits under this paragraph must be deposited in and disbursed from the social welfare​
8.31fund provided for in sections 256.88 to 256.92.​
8.32 (bb) The specific enumeration of powers and duties in this section must not be construed​
8.33to be a limitation upon the general powers granted to the commissioner.​
8.34 EFFECTIVE DATE.This section is effective the day following final enactment.​
8​Sec. 2.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 9.1 Sec. 3. [142E.161] INSPECTIONS; VIDEO MONITORING.​
9.2 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this​
9.3subdivision have the meanings given.​
9.4 (b) "Facility" means the indoor and outdoor space in which child care is provided that​
9.5is owned, leased, or operated by the provider.​
9.6 (c) "Video monitoring" means the ability for the commissioner to see recorded video of​
9.7all public and shared areas of the provider's facility any time the provider has children on​
9.8the premises.​
9.9 Subd. 2.General requirements.(a) The commissioner must conduct inspections and​
9.10video monitoring of providers that receive funding under this chapter in accordance with​
9.11this section.​
9.12 (b) The video monitoring system must:​
9.13 (1) be turned on and recording at all times the licensed child care center has children on​
9.14the premises;​
9.15 (2) record and display the accurate date and time;​
9.16 (3) have a display resolution of 720p or higher; and​
9.17 (4) have a frame-per-second rate of 15 or higher.​
9.18 Subd. 3.Inspections.(a) If a provider receives $500,000 or more under this chapter in​
9.19a calendar year, the commissioner must conduct two unannounced inspections of the​
9.20provider's facility in the year following the receipt of the funding.​
9.21 (b) If a provider receives $1,000,000 or more under this chapter in a calendar year, the​
9.22commissioner must conduct four unannounced inspections of the provider's facility in the​
9.23year following the receipt of the funding.​
9.24 (c) Inspections required under this section must be in addition to any licensing inspections​
9.25required under chapter 142B.​
9.26 Subd. 4.Video monitoring.(a) A provider that receives $1,000,000 or more under this​
9.27chapter in a calendar year is subject to video monitoring by the commissioner for one year​
9.28following the receipt of the funding.​
9.29 (b) A provider subject to video monitoring under this subdivision is required to:​
9​Sec. 3.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 10.1 (1) install video cameras or other devices that capture or record video in all public and​
10.2shared areas of the provider's facility within a time frame determined by the commissioner;​
10.3and​
10.4 (2) notify all parents and legal guardians who apply for placement or enroll a child in​
10.5the program that the program is subject to video monitoring by the commissioner.​
10.6 (c) If the commissioner requests recordings or copies of a provider's operation during​
10.7certain times and dates and the provider fails to produce recordings or copies for any of the​
10.8requested times and dates, the commissioner may use that failure as prima facie evidence​
10.9that the provider cared for zero children during the missing times and dates.​
10.10 Subd. 5.Department data practices.Video footage collected or maintained by the​
10.11commissioner under this section is classified as protected nonpublic data, as defined by​
10.12section 13.02, subdivision 13.​
10.13 Subd. 6.Retention, dissemination, and disposal of recordings.(a) A licensed child​
10.14care center must retain video monitoring recordings required under this section for 90​
10.15calendar days after the date of the recording. Except as provided under paragraph (b), a​
10.16licensed child care center must dispose of video monitoring recordings required under this​
10.17section after 90 calendar days.​
10.18 (b) A licensed child care center that receives notice from a law enforcement official of​
10.19a suspected crime committed against a child at the center may not dispose of any video​
10.20monitoring recordings required under this section until the law enforcement investigation​
10.21of the suspected crime is complete.​
10.22 (c) A licensed child care center must adhere to additional requirements issued by the​
10.23commissioner regarding the retention and disposal of video monitoring recordings required​
10.24under this section.​
10.25 (d) A licensed child care center may not sell, share, transmit, or disseminate a video​
10.26monitoring recording required under this section to any person except as authorized by this​
10.27section.​
10.28 (e) A child care center may disseminate a video monitoring recording required under​
10.29this section pursuant to a valid court order, search warrant, or subpoena in a civil, criminal,​
10.30or administrative proceeding, including an investigation by the commissioner.​
10.31 EFFECTIVE DATE.This section is effective September 1, 2025.​
10​Sec. 3.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 11.1 Sec. 4. Minnesota Statutes 2024, section 142E.17, subdivision 9, is amended to read:​
11.2 Subd. 9.Provider payments.(a) A provider shall bill only for services documented​
11.3according to section 142E.16, subdivision 7. The provider shall bill for services provided​
11.4within ten days of the end of the service period. A provider must sign each bill and declare,​
11.5under penalty of perjury as provided in section 609.48, that the information in the bill is​
11.6true and correct. Payments under the child care fund shall be made within 21 days of​
11.7receiving a complete bill from the provider. Counties or the state may establish policies that​
11.8make payments on a more frequent basis.​
11.9 (b) If a provider has received an authorization of care and been issued a billing form for​
11.10an eligible family, the bill must be submitted within 60 days of the last date of service on​
11.11the bill. A bill submitted more than 60 days after the last date of service must be paid if the​
11.12county determines that the provider has shown good cause why the bill was not submitted​
11.13within 60 days. Good cause must be defined in the county's child care fund plan under​
11.14section 142E.09, subdivision 3, and the definition of good cause must include county error.​
11.15Any bill submitted more than a year after the last date of service on the bill must not be​
11.16paid.​
11.17 (c) If a provider provided care for a time period without receiving an authorization of​
11.18care and a billing form for an eligible family, payment of child care assistance may only be​
11.19made retroactively for a maximum of three months from the date the provider is issued an​
11.20authorization of care and a billing form. For a family at application, if a provider provided​
11.21child care during a time period without receiving an authorization of care and a billing form,​
11.22a county may only make child care assistance payments to the provider retroactively from​
11.23the date that child care began, or from the date that the family's eligibility began under​
11.24section 142E.10, subdivision 7, or from the date that the family meets authorization​
11.25requirements, not to exceed six months from the date that the provider is issued an​
11.26authorization of care and a billing form, whichever is later.​
11.27 (d) The commissioner may refuse to issue a child care authorization to a certified,​
11.28licensed, or legal nonlicensed provider; revoke an existing child care authorization to a​
11.29certified, licensed, or legal nonlicensed provider; stop payment issued to a certified, licensed,​
11.30or legal nonlicensed provider; or refuse to pay a bill submitted by a certified, licensed, or​
11.31legal nonlicensed provider if:​
11.32 (1) the provider admits to intentionally giving the county materially false information​
11.33on the provider's billing forms;​
11​Sec. 4.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 12.1 (2) the commissioner finds by a preponderance of the evidence that the provider​
12.2intentionally gave the county materially false information on the provider's billing forms,​
12.3or provided false attendance records to a county or the commissioner;​
12.4 (3) the provider is in violation of child care assistance program rules, until the agency​
12.5determines those violations have been corrected;​
12.6 (4) the provider is operating after:​
12.7 (i) an order of suspension of the provider's license issued by the commissioner;​
12.8 (ii) an order of revocation of the provider's license issued by the commissioner; or​
12.9 (iii) an order of decertification issued to the provider;​
12.10 (5) the provider submits false attendance reports or refuses to provide documentation​
12.11of the child's attendance upon request;​
12.12 (6) the provider gives false child care price information; or​
12.13 (7) the provider fails to report decreases in a child's attendance as required under section​
12.14142E.16, subdivision 9.​
12.15 (e) For purposes of paragraph (d), clauses (3), (5), (6), and (7), the commissioner may​
12.16withhold the provider's authorization or payment for a period of time not to exceed three​
12.17months beyond the time the condition has been corrected.​
12.18 (f) A county's payment policies must be included in the county's child care plan under​
12.19section 142E.09, subdivision 3. If payments are made by the state, in addition to being in​
12.20compliance with this subdivision, the payments must be made in compliance with section​
12.2116A.124.​
12.22 (g) If the commissioner suspends or refuses payment to a provider under paragraph (d),​
12.23clause (1) or (2), or sections 142E.50 to 142E.58 and the provider has:​
12.24 (1) a disqualification for wrongfully obtaining assistance under section 256.98,​
12.25subdivision 8, paragraph (c);​
12.26 (2) an administrative disqualification under section 142E.51, subdivision 5; or​
12.27 (3) a termination under section 142E.51, subdivision 4, paragraph (c), clause (4), or​
12.28142E.55;​
12.29then the provider forfeits the payment to the commissioner or the responsible county agency,​
12.30regardless of the amount assessed in an overpayment, charged in a criminal complaint, or​
12.31ordered as criminal restitution.​
12​Sec. 4.​
REVISOR DTT/MI 25-04045​02/25/25 ​ 13.1 EFFECTIVE DATE.This section is effective August 1, 2025.​
13.2 Sec. 5. STATEWIDE ELECTRONIC RECORD-KEEPING SYSTEM.​
13.3 By July 1, 2026, the commissioner of children, youth, and families must establish and​
13.4implement a statewide electronic records system for the child care assistance program​
13.5(CCAP) to improve the program's integrity and internal controls. The system must provide​
13.6the commissioner, county agencies, and Tribal Nations that administer CCAP with real-time​
13.7access to electronic attendance records to verify children's enrollment in CCAP.​
13.8 EFFECTIVE DATE.This section is effective the day following final enactment.​
13.9 Sec. 6. APPROPRIATION.​
13.10 $3,778,000 in fiscal year 2026 and $1,115,000 in fiscal year 2027 are appropriated from​
13.11the general fund to the commissioner of children, youth, and families for inspections under​
13.12Minnesota Statutes, section 142E.161, and to establish and implement a statewide electronic​
13.13records system for the child care assistance program. The base for this appropriation is​
13.14$1,115,000 in fiscal year 2028 and beyond.​
13​Sec. 6.​
REVISOR DTT/MI 25-04045​02/25/25 ​