1.1Senator Benson moved to amend
H.F. No. 105 as follows:
1.2Page 1, after line 10, insert:
1.3 "Section 1. Minnesota Statutes 2018, section 119B.13, subdivision 1, is amended to read:
1.4 Subdivision 1.
Subsidy restrictions. (a)
Beginning February 3, 2014, The maximum
1.5rate paid for child care assistance in any county or county price cluster under the
child care
1.6fund shall be the greater of the 25th percentile of the
2011 2018 child care provider rate
1.7survey or the
maximum rate effective November 28, 2011 rate in effect at the time of the
1.8update. For a child care provider located within the boundaries of a city located in two
or
1.9more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for
child
1.10care assistance shall be equal to the maximum rate paid in the county with the highest
1.11maximum reimbursement rates or the provider's charge, whichever is less. The commissioner
1.12may: (1) assign a county with no reported provider prices to a similar price cluster;
and (2)
1.13consider county level access when determining final price clusters.
1.14 (b) A rate which includes a special needs rate paid under subdivision 3 may be in
excess
1.15of the maximum rate allowed under this subdivision.
1.16 (c) The department shall monitor the effect of this paragraph on provider rates. The
1.17county shall pay the provider's full charges for every child in care up to the maximum
1.18established. The commissioner shall determine the maximum rate for each type of care
on
1.19an hourly, full-day, and weekly basis, including special needs and disability care.
1.20 (d) If a child uses one provider, the maximum payment for one day of care must not
1.21exceed the daily rate. The maximum payment for one week of care must not exceed the
1.22weekly rate.
1.23 (e) If a child uses two providers under section
119B.097, the maximum payment must
1.24not exceed:
1.25 (1) the daily rate for one day of care;
1.26 (2) the weekly rate for one week of care by the child's primary provider; and
1.27 (3) two daily rates during two weeks of care by a child's secondary provider.
1.28(f) Child care providers receiving reimbursement under this chapter must not be paid
1.29activity fees or an additional amount above the maximum rates for care provided during
1.30nonstandard hours for families receiving assistance.
2.1 (g) If the provider charge is greater than the maximum provider rate allowed, the
parent
2.2is responsible for payment of the difference in the rates in addition to any family
co-payment
2.3fee.
2.4 (h) All maximum provider rates changes shall be implemented on the Monday following
2.5the effective date of the maximum provider rate.
2.6 (i)
Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration
2.7fees in effect on January 1, 2013, shall remain in effect Beginning September 21, 2020, the
2.8maximum registration fee paid for child care assistance in any county or county price
cluster
2.9under the child care fund shall be the greater of the 25th percentile of the 2018
child care
2.10provider rate survey, or the registration fee in effect at the time of the update.
Maximum
2.11registration fees must be set for licensed family child care providers and for child
care
2.12centers. For a child care provider located within the boundaries of a city located
in two or
2.13more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee
paid
2.14for child care assistance shall be equal to the maximum registration fee paid in the
county
2.15with the highest maximum registration fee or the provider's charge, whichever is less.
2.16EFFECTIVE DATE.This section is effective September 18, 2020."
2.17Page 4, after line 23, insert:
2.18 "Sec. 4.
DIRECTION TO COMMISSIONER; ALLOCATING BASIC SLIDING
2.19FEE FUNDS.
2.20Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
2.21commissioner must allocate the additional basic sliding fee child care funds for calendar
2.22year 2021 to counties for updated maximum rates based on relative need to cover maximum
2.23rate increases. In distributing the additional funds, the commissioner shall consider
the
2.24following factors by county:
2.25(1) number of children;
2.26(2) provider type;
2.27(3) age of children; and
2.28(4) amount of the increase in maximum rates.
3.1 Sec. 5.
DIRECTION TO THE COMMISSIONER; CHILD CARE AND
3.2DEVELOPMENT BLOCK GRANT ALLOCATION.
3.3(a) The commissioner shall allocate $20,439,000 in fiscal year 2021, $32,710,000 in
3.4fiscal year 2022, and $32,648,000 in fiscal year 2023, from the child care development
3.5block grant amount in the federal fund for the rate increase under Minnesota Statutes,
section
3.6119B.13, subdivision 1, paragraph (a).
3.7(b) When increased federal discretionary child care development block grant funding
is
3.8used to pay for the rate increase under Minnesota Statutes, section 119B.13, subdivision
1,
3.9paragraph (a), the commissioner, in consultation with the commissioner of management
3.10and budget, may adjust the amount of working family credit expenditures as needed
to meet
3.11the state's maintenance of effort requirements for the TANF block grant."
3.12Renumber the sections in sequence and correct the internal references
3.13Amend the title as follows:
3.14Page 1, line 9, after the semicolon, insert "modifying maximum child care assistance
3.15rates to the 25th percentile of the 2018 market rate survey; directing the commissioner
of
3.16human services to allocate additional basic sliding fee funding and child care and
3.17development block grant funding;"
3.18Correct the title numbers accordingly
3.19The motion prevailed. #did not prevail. So the amendment was #not adopted.