2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 14. FAMILY ASSISTANCE SERVICES
CHAPTER 17. SUPPLEMENTAL ASSISTANCE; FUNERAL AND CEMETERY EXPENSES
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IC 12-14-17
Chapter 17. Supplemental Assistance; Funeral and Cemetery
Expenses
IC 12-14-17-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to sections 4 and 5 of this chapter
by P.L.118-1997 do not apply to an individual whose death occurs
before July 1, 1997.
As added by P.L.220-2011, SEC.261.
IC 12-14-17-1
Application of chapter
Sec. 1. This chapter applies to the following individuals:
(1) An individual who receives supplemental assistance to the
aged.
(2) An individual who receives supplemental assistance to the
blind.
(3) An individual who receives supplemental assistance for
persons with disabilities.
(4) An individual who has a disability, is aged, or is blind who,
at the time of death, was certified to receive medical assistance
under Medicaid.
As added by P.L.2-1992, SEC.8. Amended by P.L.1-1994, SEC.58;
P.L.99-2007, SEC.91.
IC 12-14-17-2
Application of section; funeral expenses payment; preferred claim
Sec. 2. (a) This section applies upon the death of either of the
following:
(1) A recipient who is receiving supplemental assistance.
(2) An individual who had a disability, was aged, or was blind
who, at the time of death, was certified as eligible to receive
medical assistance under Medicaid.
(b) Except as provided in subsection (c), the division shall pay
one thousand two hundred dollars ($1,200) for the funeral director's
expenses of the decedent if the following conditions exist:
(1) The estate of the deceased is insufficient to pay the funeral
director's expenses.
(2) The individual legally responsible for the burial of the
deceased is unable to pay the funeral director's expenses.
(c) If the division determines that the estate of the deceased is
sufficient to pay all or part of the funeral director's expenses, the
division:
(1) shall pay one thousand two hundred dollars ($1,200) for
expenses that the funeral director has incurred; and
(2) may recover the amount paid by the division under this
section as a preferred claim from the estate of the deceased.
As added by P.L.2-1992, SEC.8. Amended by P.L.1-1994, SEC.59;
P.L.273-1999, SEC.87; P.L.9-2006, SEC.1; P.L.99-2007, SEC.92;
P.L.205-2013, SEC.186.
IC 12-14-17-3
Cemetery expenses payment; preferred claim
Sec. 3. (a) Except as provided in subsection (b), in addition to
money paid by the division under section 2 of this chapter and even
if the deceased or person legally responsible for the deceased
possesses a burial lot, the division shall pay eight hundred dollars
($800) for the cemetery's expenses for the deceased to cover the
following:
(1) The provision of burial rights if necessary.
(2) The opening and closing of a burial plot and provision of an
outer container.
(3) The service required by the cemetery authorities.
(b) If the division determines that the estate of the deceased is
sufficient to pay all or part of the cemetery's expenses, the division:
(1) shall pay eight hundred dollars ($800) for expenses that the
cemetery has incurred; and
(2) may recover the amount paid by the division under this
section as a preferred claim from the estate of the deceased.
As added by P.L.2-1992, SEC.8. Amended by P.L.273-1999, SEC.88;
P.L.9-2006, SEC.2; P.L.205-2013, SEC.187.
IC 12-14-17-3.5
Superior claim
Sec. 3.5. Except for a claim for the costs and expenses of
administration, a claim filed under sections 2(c) and 3(b) of this
chapter is a superior claim.
As added by P.L.9-2006, SEC.3.
IC 12-14-17-4
Funeral expenses payment; contributions excluded in determining
amount
Sec. 4. The division:
(1) may not consider a combined total of one thousand seven
hundred fifty dollars ($1,750) that is contributed by:
(A) friends;
(B) relatives; and
(C) the resources of the deceased; and
(2) may consider any amount that exceeds one thousand seven
hundred fifty dollars ($1,750) contributed by:
(A) friends;
(B) relatives; and
(C) the resources of the deceased;
when determining the amount to be paid to the funeral director for
expenses under this chapter. However, the resources of the deceased
may not be used if the deceased has prepaid funeral expenses that
were excluded as a resource for Medicaid eligibility under
IC 12-15-2.
As added by P.L.2-1992, SEC.8. Amended by P.L.118-1997, SEC.3;
P.L.9-2006, SEC.4.
IC 12-14-17-5
Cemetery expenses payment; contributions excluded in
determining amount
Sec. 5. The division:
(1) may not consider a combined total of four hundred dollars
($400) that is contributed by:
(A) friends;
(B) relatives; and
(C) the resources of the deceased; and
(2) may consider any amount that exceeds four hundred dollars
($400) contributed by:
(A) friends;
(B) relatives; and
(C) the resources of the deceased;
when determining the amount to be paid to the cemetery for expenses
under this chapter. However, the resources of the deceased may not
be used if the deceased has prepaid funeral expenses that were
excluded as a resource for Medicaid eligibility under IC 12-15-2.
As added by P.L.2-1992, SEC.8. Amended by P.L.118-1997, SEC.4;
P.L.9-2006, SEC.5.
IC 12-14-17-6
Claims for expenses
Sec. 6. (a) The funeral director and the cemetery representative
shall file a sworn claim with the county office indicating expenses
incurred due to the death of a recipient.
(b) With respect to supplemental assistance to the blind and
persons with disabilities, a sworn claim must be verified and
forwarded to the division for payment.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.95;
P.L.5-1993, SEC.108.
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