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12.6.9 Termination Notices - Provider

ISSUE DATE: 05/2025

Unless otherwise specified in law, providers must be given a 15-calendar-day notice when terminating a family’s child care assistance benefits or terminating a provider’s registration. See Chapter 12.1 (15-Day Notice Requirements) for the exceptions.

Notice to providers of family’s termination

Providers receive notices of termination for actions taken against families. Examples of why a family’s eligibility for child care assistance would be terminated include:

· Income exceeds 85 percent of State Median Income (SMI).

· Copayment has not been paid.

· Family has been disqualified for fraud.

The termination notice includes:

· The family’s name.

· That child care assistance for the family has been terminated. Do NOT give any indication of the reason for termination.

· The effective date of the termination.

· That child care assistance payments will not be made for care provided after the date of termination unless the family asks to continue receiving assistance pending an appeal.

Providers do not have appeal rights for actions taken against a family; a family is responsible for appealing action taken against them. See Chapter 15.3 (Appealable Issues) and 15.6 (Family and Provider Appeal Rights).

Notice to providers of provider’s termination when a fair hearing is allowed

Providers receive notices of termination for action taken against the provider. Examples of provider terminations when a fair hearing is allowed include:

· Registration incomplete or not renewed timely.

· Non-compliance with health and safety requirements.

The termination notice includes:

· A description of the action.

· The factual basis for the agency’s determination.

· The dollar amount of monetary recovery or recoupment, if known and/or applicable.

· The provider’s appeal rights.

Notice to providers of provider’s termination when a contested case hearing is allowed

DHS or DCYF sends providers a notice informing them of their right to a contested case hearing when DHS or DCYF terminates a provider under a specific law that allows DHS or DCYF to take action when a provider has been excluded from any publicly funded program administered by DHS, DCYF, or another state or federal agency.

DHS or DCYF must mail written notice to the provider within five days of terminating the provider’s registration and participation from DHS or DCYF programs.

The termination notice must state:

· The basis for the action;

· The effective date of the action;

· The right to appeal the action; and

· The requirements and procedures for reinstatement as a provider.

Legal authority

Minnesota Statutes 142A.12, subd. 3
Minnesota Statutes 142E.17, subd. 8
Minnesota Statutes 142E.18
Minnesota Statutes 245.095, subd. 3
Minnesota Rules 3400.0185, Subp. 2

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