Record-keeping requirement.

new text begin (a) As a condition of payment, new text end all providers receiving child care assistance payments must new text begin : new text end

new text begin (1) new text end keep new text begin accurate and legible new text end daily attendance records at the site where services are delivered for children receiving child care assistance new text begin ; new text end and

deleted text begin must deleted text end new text begin (2) new text end make those records available immediately to the county or the commissioner upon request. new text begin Any records not provided to a county or the commissioner at the date and time of the request are deemed inadmissible if offered as evidence by the provider in any proceeding to contest an overpayment or disqualification of the provider. new text end

deleted text begin The deleted text end new text begin (b) As a condition of payment, new text end attendance records must be completed daily and include the date, the first and last name of each child in attendance, and the times when each child is dropped off and picked up. To the extent possible, the times that the child was dropped off to and picked up from the child care provider must be entered by the person dropping off or picking up the child. The daily attendance records must be retained at the site where services are delivered for six years after the date of service.

new text begin (c) new text end A county or the commissioner may deny new text begin or revoke a provider's new text end authorization deleted text begin as a child care provider to any applicant, rescind authorization of any provider, deleted text end new text begin to receive child care assistance payments under section 119B.13, subdivision 6, paragraph (d), pursue a fraud disqualification under section 256.98, take an action against the provider under chapter 245E, new text end or establish an new text begin attendance record new text end overpayment deleted text begin claim in the system deleted text end new text begin under paragraph (d) new text end against a current or former provider, when the county or the commissioner knows or has reason to believe that the provider has not complied with the record-keeping requirement in this subdivision. deleted text begin A provider's failure to produce attendance records as requested on more than one occasion constitutes grounds for disqualification as a provider. deleted text end

new text begin (d) To calculate an attendance record overpayment under this subdivision, the commissioner or county agency shall subtract the maximum daily rate from the total amount paid to a provider for each day that a child's attendance record is missing, unavailable, incomplete, inaccurate, or otherwise inadequate. new text end

new text begin (e) The commissioner shall develop criteria for a county to determine an attendance record overpayment under this subdivision. new text end