2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 20. SOCIAL SERVICES
346. Department of Human Services
§346-15 Death benefits for deceased medical or financial assistance recipients and disposition of unclaimed corpses.

§346-15 Death benefits for deceased medical or financial assistance recipients and disposition of unclaimed corpses. [Repeal and reenactment on June 30, 2012. L 2010, c 205, §9.] (a) Where the decedent was a medical assistance or financial assistance recipient at the time of death and is ineligible for the Social Security Administration's one-time lump-sum death benefit, the department may issue a lump-sum death benefit in an amount equal to the Social Security Administration's one-time lump-sum death benefit for the year in which the recipient died.

(b) The department may authorize and bear the cost of the mortuary and crematory services for unclaimed corpses furnished by any licensed provider of mortuary or crematory services. Payments for mortuary and crematory services shall be made to the extent of the cost, or in the sum of $800 in total, whichever is less, for each unclaimed corpse.

(c) Any person submitting an application for the lump-sum death benefit described in subsection (a), on behalf of a deceased medical or financial assistance recipient, shall have sixty days from the date of death of the deceased to submit the application to the department.

(d) A person or public or private agency, including the department, shall not be liable for any damage or subject to criminal prosecution for any act done pursuant to and in compliance with this section.

(e) For the purposes of this section, "unclaimed corpse" means the remains of any deceased person for whom no one has assumed responsibility for disposition of the body within five working days, excluding weekends, from the date of death and about whom the department and the respective county medical examiner or coroner have no actual knowledge of a legally responsible party.

(f) The department shall adopt rules pursuant to chapter 91 for purposes of administering and implementing this section. [L 1943, c 36, §1; RL 1945, §4828; am L 1945, c 161, §1; am L 1947, c 22, §1; am L 1953, c 153, §4; RL 1955, §108-8; HRS §346-15; am L 1970, c 88, §1 and c 105, §5; am L 1976, c 177, §1; am L 1985, c 34, §1; am L 1987, c 339, §4; am L 1992, c 20, §1; am L 2000, c 101, §2; am L 2001, c 41, §2; am L 2010, c 205, §5]

Cross References

State responsibility, see §27-1.

Case Notes

Duty of burial. 42 H. 500.