CONSEQUENCES Section Art 1 Sec 9 * Art 1 Sec 14 Art 1 Sec 15 Art 2 Sec 2 Art 2 Sec 3 Art 2 Sec 4 Art 3 Sec 2 ** Art 3 Sec 3 ** Art 3 Sec 5 ** Art 3 Sec 9 Art 3 Sec 10 ** Art 3 Sec 12 Art 3 Sec 14 ** summary Agencies may rescind a provider’s CCAP Authorization for up to three months and/or impose a fine of $1k for failing to report significant decreases in a child’s attendance (i.e. less than half of their scheduled hours or days for a four-week period). Makes it explicitly a misdemeanor and adds financial penalties (not less than 50% of the max fine allowed) for CCAP providers/recipients who fail to provide access during an investigation Makes it explicitly a misdemeanor and adds financial penalties (not less than 50% of the max fine allowed) for CCAP providers/recipients who make false statements during an investigation Establishes that fraudulent CCAP providers lose their Parent Aware rating. Excludes from Early Learning Scholarship eligibility those recipients who are disqualified from CCAP for wrongfully obtaining assistance. Excludes from Early Learning Scholarship eligibility those providers who are disqualified from CCAP for wrongfully obtaining assistance, or CCAP authorization is revoked for providing false information. Establishes that licensees who are excluded from one DHS program are prohibited/DQ’d/disenrolled/revoked from ALL other programs Compels the commissioner to immediately, temporarily suspend a license if a child care license holder fails to comply with a fraud investigation or is criminally charged with fraud. Asserts the commissioner may suspend/revoke a license if a license holder is excluded from any other DHS program. Defines criminal and civil penalties for fraudsters who intend to transfer benefits to a foreign country subject to travel restrictions (up to 25 yrs and $125K) Permanently disqualifies fraudulent providers/recipients from all future CCAP eligibility. Permanently disqualifies from MFIP/SNAP related programs those who intend to transfer MFIP benefits to a foreign country subject to travel restrictions. Establish penalties for those who threaten to blackmail/coerce individuals into participating in their public assistance fraudulent schemes. (10yrs and $20k) Establishes that it is a crime to bribe/accept a bribe related to applying for/receiving DHS benefits; or related to using a particular vendor/accepting more than fair market value for services paid for by DHS (10yrs and $20k) All references to HF2060 are to the 2/28/29 *Element in common with Governor’s proposal **Element in common with DHS’s proposal Source HF1874 Albright HF791 Franson HF791 Franson HF1110A1 Zerwas HF1110A1 Zerwas HF1110A1 Zerwas HF2060 Moran (201.29-203.21) HF446 Franson HF2060 Moran (221.27-222.21) HF2060 Moran (222.22-226.31) HF446 Franson HF498 Franson HF446 Franson HFXXXX Runbeck HF2060 Moran (260.22-262.14) PROVIDER CONTROLS Section summary Art 1 Sec 4 Commissioner is to place a notice on the billing form advising that providers, owners, directors, managers, license holders, controlling individuals and the submitter may each be held liable for intentionally providing false information Art 1 Sec 5 * Reduces the amount of time CCAP payments can be made retroactively from six months to three months. Art 1 Sec 6 Limits claims that can be made by centers on behalf of children whose parents are employed by said center to 10% of licensed slots. Art 1 Sec 7 Compels CCAP provider attestation forms explicitly mention perjury and compel that all employees sign (sometimes referred to as “an oath”) Art 1 Sec 8 * ** Art1 Sec 10 ** Establishes that CCAP attendance records must be legible, accurate and provided immediately upon request and that records produced subsequent to that are not valid. Simplifies the CCAP overpayment calculation so that if a record is found to be insufficient to support the billing, an overpayment is flagged. Art 1 Sec 11 * Art 1 Sec 12 Art 1 Sec 13 Art 1 Sec 16 Art 2 Sec 5 Requires a surety bond for child care centers that receive more than $250,000 in CCAP funds/year. Reduces the amount of time a provider has to submit billing from 60 to 30 days. The providers are to receive notice on the billing form advising that providers, owners, directors, managers, license holders, controlling individuals and the submitter may each be held liable for intentionally providing false information Defines absent days as a day the child is scheduled to be in care and the child is absent the entire day. Requires that that if it meets the criteria the provider must bill the day as an absent day. Failure to do so flags an overpayment. Establishes licensors employed by DHS or counties as mandatory reporters of fraud The commissioner shall propose legislation necessary to ensure that those responsible for submitting billing forms are each held liable if materially false information is intentionally provided on a CCAP billing form. Permits DHS to release info on fraudulent CCAP providers and recipients to MDE for the purpose of determining eligibility. Art 3 Sec 11 Establishes that signing an application for public assistance constitutes an “oath”. Art 3 Sec 13 Further defines acts constituting perjury by cross referencing changes made to Article 1 Sec 7-10 and Article 3 Sec 11. All references to HF2060 are to the 2/28/29 *Element in common with Governor’s proposal **Element in common with DHS’s proposal source HF1881 Heintzeman HF1548 Albright HF497A1 Franson HF1881 Heintzeman HF1680A1 Demuth HF1541 Zerwas HF1548 Albright HF1881 Heintzeman HF1680A1 Demuth HFXXXX Daudt HF1881 Heintzeman HF1110A1 Zerwas HF1881 Heintzeman HF1881 Heintzeman INVESTIGATIONS & JUSTICE Section Art 1 Sec 1 summary Clarifies that welfare data on program participants/applicants can be disclosed to DHS licensors and disseminated to MDE. source Art 1 Sec 3 Stipulates that certain CCAP payment data becomes public when the center receives > $100k in a year, or a DQ related to fraud/financial misconduct occurs HF2060 Moran Art 1 Sec 4 Commissioner is to place a notice on the billing form advising that providers, owners, directors, managers, license holders, controlling individuals and the submitter may each be held liable for intentionally providing false information Art 1 Sec 7 Art 1 Sec 11 * Art 1 Sec 13 Art 1 Sec 16 Art 3 Sec 1 Art 3 Sec 4 ** Art 3 Sec 11 Art 3 Sec 13 Art 3 Sec 16 * Compels CCAP provider attestation forms explicitly mention perjury and compel that all employees sign (sometimes referred to as “an oath”) Reduces the amount of time a provider has to submit billing from 60 to 30 days. The providers are to receive notice on the billing form advising that providers, owners, directors, managers, license holders, controlling individuals and the submitter may each be held liable for intentionally providing false information Establishes licensors employed by DHS or counties as mandatory reporters of fraud The commissioner shall propose legislation necessary to ensure that those responsible for submitting billing forms are each held liable if materially false information is intentionally provided on a CCAP billing form. Establishes that otherwise confidential licensee data can be disclosed to an investigator in the investigation or prosecution of a criminal, civil, or administrative proceeding. Limits burden of proof in administrative cases to a preponderance of the evidence HF2060 Moran (102.3-108.11) (102.3-108.11) HF1881 Heintzeman HF1881 Heintzeman HF1548 Albright HF1881 Heintzeman Undrafted Daudt HF1881 Heintzeman HF2060 Moran (201.29-203.21) HF2060 Moran (222.22-226.31) Establishes that signing an application for public assistance constitutes an “oath”. Further defines acts constituting perjury by cross referencing changes made to Article 1 Sec 7-10 and Article 3 Sec 11. Provides appropriations for: 4FTEs in the OIG FFAI Division (3 investigators/1 supervisor, all with law enforcement backgrounds); An OIG FFAI Division case tracking system; Fraud Prevention Investigations program ($1.275M/year 20/21). All references to HF2060 are to the 2/28/29 *Element in common with Governor’s proposal **Element in common with DHS’s proposal HF1881 Heintzeman HF1881 Heintzeman Appropriations Eligibility Section Art 2 Sec 2 Art 2 Sec 3 summary Establishes that fraudulent CCAP providers lose their Parent Aware rating. Art 3 Sec 2 Excludes from Early Learning Scholarship eligibility those recipients who are disqualified from CCAP for wrongfully obtaining assistance. Excludes from Early Learning Scholarship eligibility those providers who are disqualified from CCAP for wrongfully obtaining assistance, or whose CCAP authorization is revoked for providing false information. Establishes that licensees who are excluded from one DHS program are prohibited/DQ’d/disenrolled/revoked from ALL other programs Art 3 Sec 3 Compels the commissioner to immediately, temporarily suspend a license if a child care license holder fails to comply with a fraud investigation or is criminally charged with fraud. Art 3 Sec 5 Asserts the commissioner may suspend/revoke a license if a license holder is excluded from any other DHS program. Requires that DHS eligibility systems include computerized verification of data. Also requires a revenue sharing contract be established (via existing resources) with a vendor to verify the eligibility of all enrollees of DHS programs. Savings are sent to the Health Care Access Fund. Permanently disqualifies fraudulent providers/recipients from all future CCAP eligibility. Permanently disqualifies from MFIP/SNAP related programs those who intend to transfer MFIP benefits to a foreign country subject to travel restrictions. Art 2 Sec 4 source HFXXXX HF1110A1 Zerwas HF1110A1 Zerwas HF2060 Moran (201.29-203.21) HF446 Franson HF2060 Moran (221.27-222.21) Art 3 Sec 8 Art 3 Sec 10 Art 3 Sec 15 Art 4 Sec 1 Art 4 Sec 2 Art 4 Sec 3 Art 4 Sec 4 Art 4 Sec 5 Art 4 Sec 6 Art 4 Sec 7 Art 4 Sec 8 Art 4 Sec 9 Requires an eligibility verification audit report be made to HHS committees Establishes that income includes all deposits into accounts owned or controlled by the applicant, including amounts received as salary/drawn from business accounts. (CCAP) Establishes that income includes funds in personal or business accounts used to pay personal expenses not directly related to the business. (MA) Establishes that the value of assets considered in determining eligibility for MA includes accounts that that contain personal income or assets, or are used to pay personal expenses. Establishes that income includes all deposits into accounts owned or controlled by the applicant, including amounts received as salary/drawn from business accounts. (MA) An applicant must document that property is not available to the applicant. (MFIP) In order to be excluded in determining a family's available income documentation of the source of the loan, dates, amount of the loan, and terms of repayment are required; In-kind income does not include in-kind payments of living expenses (MFIP) Income includes amounts deposited into checking and savings accounts (MN Care) Verification of checking and savings accounts must include the source of deposits; identification of any loans, and identification of deposits for personal expenses. (EAP) When using a business account to pay personal expenses not directly related to the business, the payment must be treated as earned income. (EAP) All references to HF2060 are to the 2/28/29 *Element in common with Governor’s proposal **Element in common with DHS’s proposal HF2060 Moran (222.22-226.31) HF446 Franson HF498 Franson HF446 Franson HF446 Franson HF380 Scott HF380 Scott HF380 Scott HF380 Scott HF380 Scott HF380 Scott HF380 Scott HF380 Scott HF380 Scott OVERSIGHT Section Art 3 Sec 6 Art 3 Sec 7 Art 3 Sec 17 Summary Source Establishes the OIG as a standalone office HF445 Franson Authorizes orders to carry out transfer of duties to the independent OIG, establishes ED salary HF445 Franson Requires statutory changes be drafted that are required to implement transfer of duties to the independent OIG HF445 Franson All references to HF2060 are to the 2/28/29 *Element in common with Governor’s proposal **Element in common with DHS’s proposal