HHS Repeals Biden-era Rules on Paying Child Care Providers

States that distribute federal social services funds will be required to get attendance records and other documentation before disbursing money.
Published: 1/5/2026, 5:34:39 PM EST
HHS Repeals Biden-era Rules on Paying Child Care Providers
Health Secretary Robert F. Kennedy Jr. in Washington, in this file photo. (Kevin Dietsch/Getty Images)
As fraud investigations continue into Minnesota’s social services programs, federal administrators on Jan. 5 rescinded a series of Biden-era child care rules that required states to pay providers before verifying attendance records and before care was provided.

The repeal, which requires a 30-day public comment period, would close loopholes that allow states to distribute federal social services funds without the documentation, according to the U.S. Department of Health and Human Services (HHS).

“Paying providers upfront based on paper enrollment instead of actual attendance invites abuse,” HHS Deputy Secretary Jim O’Neill said in a statement. “In Minnesota, we’ve seen credible and widespread allegations of fraudulent daycare providers who were not caring for children at all. The reforms we are enacting will make fraud harder to perpetrate.”

Minnesota became the center of a federal investigation into widespread social services fraud last month, prompting Gov. Tim Walz to end his bid for reelection on Jan. 5.
“An organized group of criminals have sought to take advantage of our state’s generosity [over the past few years],” the governor said in a statement posted on X.

“Every minute I spend defending my own political interests would be a minute I can’t spend defending the people of Minnesota against the criminals who prey on our generosity and the cynics who prey on our differences.”

Federal officials have taken several actions recently against the state, including freezing funds for childcare centers, after fraudulent schemes were uncovered. All day care centers are now expected to provide documents to meet federal regulations before receiving funding.
Federal officials indicted nearly 80 and convicted 57 individuals in the $250 million fraud scheme in Minnesota, FBI Director Kash Patel said in a post on X in late December. Charges included wire fraud, money laundering, and conspiracy, among others.
In the latest action, on Jan.  5, HHS restored attendance-based billing. States may require payment based on verified attendance rather than on enrollment alone, according to the department.

Upfront payments will no longer be required. States may also pay providers after care is delivered.

Voucher flexibility will return to the program, according to the department. States will no longer be steered toward contracts over parent-directed vouchers, restoring parental choice to the programs.

“Congress appropriated this funding to support working families and ensure children have safe places to grow and learn,” Health Secretary Robert Kennedy Jr. said in a statement. “Loopholes and fraud diverted that money to bad actors instead. Today, we are correcting that failure and returning these funds to the working families they were meant to serve.”

Minnesota Gov. Tim Walz, who announced on Jan. 5, 2026, that he would not seek re-election, speaks outside the Annunciation Catholic School in Minneapolis on Aug. 27, 2025.  (Bruce Kluckhohn/AP Photo)
Minnesota Gov. Tim Walz, who announced on Jan. 5, 2026, that he would not seek re-election, speaks outside the Annunciation Catholic School in Minneapolis on Aug. 27, 2025.  Bruce Kluckhohn/AP Photo

HHS has taken several actions to address the fraud in recent weeks, including opening a fraud-reporting hotline and email address at childcare.gov.

Since launching the hotline, the Administration for Children and Families has received more than 245 reports of potential fraud, according to the department.