Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Rate determination.
The commissioner must determine the applicable child care
assistance program maximum rate as described in Minnesota Statutes, section
119B.13. Any
rate survey conducted by the commissioner as described in Minnesota Statutes,
section
119B.02,
must include a survey of registration fees when it is usual and customary for a
category of child care provider to charge registration fees.
Subp. 1a.
Child care assistance program
maximum rate.
Except as provided in this part, the maximum rate payable by a
CCAP agency for child care assistance is the child care provider's rate or the
applicable maximum rate determined by the commissioner under Minnesota
Statutes, section
119B.13,
whichever is less. In Minnesota, the child care assistance program maximum rate
must be based on the county, or city when applicable, where a child care
provider provides child care. Outside Minnesota, the child care assistance
program maximum rate must be based on the participant's county of
residence.
Subp. 1b.
Child care provider charges and registration fees in excess of maximum
child care payment.
A CCAP agency must not pay a child care provider more than the
child care assistance program maximum rate and registration fee. In addition to
any copayment, a family is responsible for:
A. the difference between the child care
assistance program maximum rate and the child care provider rate;
B. any charges that exceed the allowable CCAP
payment under part
3400.0110, subpart 3d;
C. the difference between the applicable
maximum registration fee and the child care provider registration fee when the
child care provider charge does not include the registration fee;
D. the child care provider registration fee
when a CCAP agency has paid two registration fees per child in a 12-month
period; and
E. any other fees that
the child care provider charge does not include.
A third party may pay part or all of a family's child care
expenses under Minnesota Statutes, section
119B.09,
subdivision 11.
Subp.
2.
Rate determination for Certified license-exempt child
care centers.
A CCAP agency must pay a Certified license-exempt child care
center as defined in Minnesota Statutes, section
245H.01, subdivision
5, the applicable maximum rate for licensed child care centers or the child
care provider rate, whichever is less.
Subp. 2a. [Repealed, 30 SR 1318]
Subp. 3.
Rate determination for special
needs due to disability or inclusion in at-risk population.
A CCAP agency must submit a request to pay a special needs rate
for a child with a disability or for a child care provider caring for a child
in an at-risk population to the commissioner The commissioner must evaluate a
request for a special needs rate using the commissioner's methodology. Based on
the commissioner's methodology, approved special needs rates may be lower than
the requested rates.
Subp.
3a.
Rate determination; children with special needs due to
disability.
A. When a parentally
responsible individual or a child care provider asks a CCAP agency for a
special needs rate for a child with a disability that exceeds the applicable
maximum rate, the CCAP agency must use the following process to determine
whether a special needs rate is necessary and, if so, to establish the
requested special needs rate. The CCAP agency must:
(1) obtain documentary evidence of the
child's disability;
(2) obtain the
following documentation from the child care provider:
(a) a description of the specialized
training, services, or environmental adaptations that the child care provider
will furnish to meet the individual needs of the child;
(b) the child care provider's assurance of
compliance with applicable provisions of the Americans with Disabilities
Act;
(c) the child care provider's
assurance that the rate that the child care provider is requesting is the same
as the rate that would be charged for similar services provided to a child with
a disability in a family not receiving child care assistance; and
(d) if applicable, a statement from the child
care provider explaining that the rate that the child care provider charges for
all children in child care should be adopted as the special needs rate for the
child with a disability because the child care provider has chosen to spread
the cost of caring for children with special needs across all families in child
care;
(3) seek the
commissioner's approval and determination of the special needs rate . The
commissioner must evaluate the request and, upon approval, allow a CCAP agency
to pay a special needs rate at 75 percent, 150 percent, or 200 percent of the
applicable maximum rate by assessing the child's needs in the following areas:
(a) special medical needs and
health;
(b) behavioral
issues;
(c) mobility;
(d) communication skills;
(e) self-suficiency; and
(f) extra supervision for safety;
and
(4) notify the child
care provider and parentally responsible individual of the commissioner's
decision in writing, including the reasons for approval or
denial.
B. Upon written
approval by the commissioner, a CCAP agency must pay the approved special needs
rate retroactively from the date of the child care provider's or parentally
responsible individual's request for the special needs rate under Minnesota
Statutes, sections
119B.09,
subdivision 7, and 119B.13, subdivision 6. A special needs rate approval must
not exceed a time period of 12 months. If a parentally responsible individual
or child care provider requests a special needs rate for longer than 12 months,
the parentally responsible individual or child care provider must seek a
renewal of the special needs rate by the end of the 12-month
period.
Subp. 3b.
Rate determination; child care provider who serves children in at-risk
population.
To determine a special needs rate for a child care provider
caring for children in an at-risk population as defined in the CCAP agency's
child care fund plan, a CCAP agency must :
A. obtain documentary evidence that the
children that the child care provider serves are predominantly in the at-risk
population defined in the CCAP agency's child care fund plan;
B. obtain the following documentation from
the child care provider:
(1) a description of
the specialized training, services, or environmental adaptations that the child
care provider will receive or provide to meet the needs of the children in the
at-risk population;
(2) the child
care provider's assurance that the rate that the child care provider is
requesting is the same as the rate that the child care provider would charge
for similar services provided to a child in the at-risk population in a family
that is not receiving child care assistance; and
(3) if applicable, a statement from the child
care provider explaining that the rate that the child care provider charges for
all children in the child care provider's care should be adopted as the special
needs rate for children in the at-risk population because the child care
provider has chosen to spread the cost of caring for children with special
needs across all families receiving child care from the child care
provider;
C. determine
how many child care providers in the county offer child care for children in
the at-risk population;
D. identify
the 75th percentile rate if the CCAP agency finds that four or more child care
providers offer child care for children in the at-risk population and pay the
75th percentile rate, the rate negotiated with the child care provider by the
CCAP agency, or the child care provider's rate, whichever is less;
E. pay the lesser of the rate negotiated with
the child care provider by the CCAP agency or the child care provider's rate if
the CCAP agency finds that fewer than four child care providers offer child
care for children in the at-risk population; and
F. seek the commissioner's approval of the
special rate as determined under subitem D or E. A CCAP agency must submit the
special needs rate request for the commissioner's approval with or as an
amendment to the CCAP agency's child care fund plan.
Upon written approval by the commissioner a CCAP agency must
pay the approved special needs rate retroactively from the date of the child
care provider's request for the special needs rate under Minnesota Statutes,
sections
119B.09,
subdivision 7, and 119B.13, subdivision 6.
Subp. 4. [Repealed, 26 SR 253]
Subp. 5.
Age categories.
A CCAP agency must determine a child's maximum child care
assistance rate according to the age of the child and the type of child care
provider caring for the child as follows.
A. The age categories in Minnesota Statutes,
section
245A.02, subdivision
19, apply to a licensed family child care provider and to a legal nonlicensed
child care provider
B. The age
categories in part
9503.0005, subpart 2, apply to a
licensed child care center
C. The
age categories in Minnesota Statutes, section
245H.08,
subdivisions 4 and 5, apply to a Certified license-exempt child care
center
D. If a licensed family
child care provider or a licensed child care center cares for the child, a CCAP
agency must base the maximum rate that the agency pays for the child's care on
a different age category when a parentally responsible individual or child care
provider notifies the CCAP agency that the child's setting or age category
differs from the applicable age category under item A or B; and:
(1) the child meets the age criteria to
qualify for the licensing provision for age flexibility for licensed centers
under part
9503.0040, subpart 4, item A;
or
(2) the commissioner has granted
a licensing variance to the child's licensed child care center under part
9503.0005, subpart 26, or licensed
family child care provider under part
9502.0315, subpart 31.
E. A CCAP agency must consider a
child to be in the school-age rate category on September 1 following the
child's fifth birthday unless the parentally responsible individual informs the
CCAP agency that the child will not be starting school.
Subp. 5a.
Rates for in-home
care.
When a child care provider cares for a child in the child's
home under Minnesota Statutes, section
119B.09,
subdivision 13, a CCAP agency must base the applicable maximum rate on the
allowable rate for a legal nonlicensed child care provider If a child care
provider is licensed to care for a child in the child's home, a CCAP agency
must base the applicable maximum rate on the allowable rate for a licensed
child care provider
Subp. 6.
[Repealed, 26 SR 253]
Subp. 7.
Payment of registration fees.
If a child care provider charges a family a registration fee to
enroll a child in the child care provider's program and the child care provider
rate does not include the registration fee, a CCAP agency must pay the child
care provider registration fee or up to the applicable maximum registration fee
that the commissioner determines under Minnesota Statutes, section
119B.13. A CCAP
agency must not pay for more than two registrations per child in a 12-month
period.
Subp. 8. [Repealed,
L 2011 1Sp9 art 3 s 35]
Subp. 9.
[Repealed, 26 SR 253]
Subp. 10.
[Repealed, 26 SR 253]
Statutory Authority: MS s
14.3895;
119B.02;
119B.04;
119B.06;
256.01;
256H.01
to 256H.19
