Minnesota SF 2776: Targeted community capital project grant program modification and appropriation

Bill Text

1.1 A bill for an act​
1.2 relating to human services; Department of Human Services policy bill sections on​
1.3 background studies, Department of Corrections reconsiderations, kickback crimes,​
1.4 and appeals division worker protections; providing for criminal penalties; amending​
1.5 Minnesota Statutes 2024, sections 142E.51, subdivisions 5, 6; 245C.05, by adding​
1.6 a subdivision; 245C.08, subdivision 3; 245C.22, subdivision 5; 256.98, subdivision​
1.7 1; 256B.12; 480.40, subdivision 1; proposing coding for new law in Minnesota​
1.8 Statutes, chapter 609.​
1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.10 Section 1. Minnesota Statutes 2024, section 142E.51, subdivision 5, is amended to read:​
1.11 Subd. 5.Administrative disqualification of child care providers caring for children​
1.12 receiving child care assistance.(a) The department shall pursue an administrative​
1.13 disqualification, if the child care provider is accused of committing an intentional program​
1.14 violation, in lieu of a criminal action when it has not been pursued. Intentional program​
1.15 violations include intentionally making false or misleading statements; receiving or providing​
1.16 a kickback, as defined in subdivision 6, paragraph (b); intentionally misrepresenting,​
1.17 concealing, or withholding facts; and repeatedly and intentionally violating program​
1.18 regulations under this chapter. Intent may be proven by demonstrating a pattern of conduct​
1.19 that violates program rules under this chapter.​
1.20 (b) To initiate an administrative disqualification, the commissioner must send written​
1.21 notice using a signature-verified confirmed delivery method to the provider against whom​
1.22 the action is being taken. Unless otherwise specified under this chapter or Minnesota Rules,​
1.23 chapter 3400, the commissioner must send the written notice at least 15 calendar days before​
1.24 the adverse action's effective date. The notice shall state (1) the factual basis for the agency's​
1.25 determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary​
1​Section 1.​
25-02880 as introduced​01/31/25 REVISOR EB/DD​
SENATE​
STATE OF MINNESOTA​
S.F. No. 2776​NINETY-FOURTH SESSION​
(SENATE AUTHORS: WESTLIN)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​924​03/20/2025​
Referred to Health and Human Services​
Withdrawn and re-referred to Judiciary and Public Safety​1117​03/27/2025​
See HF2115​

2.1 recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed​
2.2 action.​
2.3 (c) The provider may appeal an administrative disqualification by submitting a written​
2.4 request to the state agency. A provider's request must be received by the state agency no​
2.5 later than 30 days after the date the commissioner mails the notice.​
2.6 (d) The provider's appeal request must contain the following:​
2.7 (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the​
2.8 dollar amount involved for each disputed item;​
2.9 (2) the computation the provider believes to be correct, if applicable;​
2.10 (3) the statute or rule relied on for each disputed item; and​
2.11 (4) the name, address, and telephone number of the person at the provider's place of​
2.12 business with whom contact may be made regarding the appeal.​
2.13 (e) On appeal, the issuing agency bears the burden of proof to demonstrate by a​
2.14 preponderance of the evidence that the provider committed an intentional program violation.​
2.15 (f) The hearing is subject to the requirements of section 142A.20. The human services​
2.16 judge may combine a fair hearing and administrative disqualification hearing into a single​
2.17 hearing if the factual issues arise out of the same or related circumstances and the provider​
2.18 receives prior notice that the hearings will be combined.​
2.19 (g) A provider found to have committed an intentional program violation and is​
2.20 administratively disqualified must be disqualified, for a period of three years for the first​
2.21 offense and permanently for any subsequent offense, from receiving any payments from​
2.22 any child care program under this chapter.​
2.23 (h) Unless a timely and proper appeal made under this section is received by the​
2.24 department, the administrative determination of the department is final and binding.​
2.25 Sec. 2. Minnesota Statutes 2024, section 142E.51, subdivision 6, is amended to read:​
2.26 Subd. 6.Prohibited hiring practice practices.(a) It is prohibited to hire a child care​
2.27 center employee when, as a condition of employment, the employee is required to have one​
2.28 or more children who are eligible for or receive child care assistance, if:​
2.29 (1) the individual hiring the employee is, or is acting at the direction of or in cooperation​
2.30 with, a child care center provider, center owner, director, manager, license holder, or other​
2.31 controlling individu