§ 2301. Burial responsibility
(a)(1) When a person dies in this State, or a resident of this State dies within the State
or elsewhere, and the decedent was a recipient of assistance under Title IV or XVI
of the Social Security Act, nursing home care under Title XIX of the Social Security
Act, or assistance under State aid to the aged, blind, or disabled, or an honorably
discharged veteran of any branch of the U.S. Armed Forces to the extent funds are
available and to the extent authorized by Department rules, the decedent’s burial
shall be arranged and paid for by the Department if the decedent was without sufficient
known assets to pay for burial. The Department shall pay burial expenses for individuals
who meet the requirements of this section in an amount not to exceed a maximum established
by rule and shall establish by rule a process for reducing the maximum payment amount
by the amount of other assets available from the decedent’s estate or from the decedent’s
spouse to pay for the burial. The maximum payment by the Department does not preclude
other individuals from paying for or receiving contributions to pay for additional
disposition expenses.
(2) The Department shall notify the directors of all funeral homes within the State and
within close proximity to the State’s borders of its rules with respect to those services
for which it pays and the amount of payment authorized for those services. All payments
shall be made directly to the appropriate funeral director. In order to receive payment
under this section, the funeral director shall provide the Department and the party
making the funeral arrangements with an itemized invoice for the specific services
that are to be provided at public expense.
(3) As a condition of payment when arrangements are made other than by the Department,
the funeral director shall determine from the person making the arrangements if the
decedent was a recipient of assistance or an eligible veteran as specified in subdivision
(1) of this subsection and, if the decedent was such a recipient, give notice to the
person making the arrangements of the Department’s rules.
(4) If the funeral home director does not advise the person making the arrangements of
the Department’s rules, then that person shall not be liable for expenses incurred.
(b) When a person dies while an inmate of a State institution and the inmate is without
sufficient known assets to pay for burial, the burial shall be arranged and paid for
by the State institution.
(c) In all other cases, the Department shall arrange for and pay up to the maximum amount
established by rule for the burial of eligible persons who die in this State or residents
of this State who die within the State or elsewhere when the persons are without sufficient
known assets to pay for their burial.
(d) As used in this chapter:
(1) “Burial” means the final disposition of human remains, including interring or cremating
a decedent and the ceremonies directly related to that cremation or interment at the
gravesite.
(2) “Department” means the Department for Children and Families.
(3) “Funeral” means the ceremonies prior to burial by interment, cremation, or other method. (Added 1967, No. 147, § 8, eff. Oct. 1, 1968; amended 1969, No. 130, § 2, eff. Oct. 1, 1968; 1973, No. 152 (Adj. Sess.), § 33, eff. April 14, 1974; 1973, No. 207 (Adj. Sess.), § 9; 1983, No. 216 (Adj. Sess.), §§ 1, 2; 2003, No. 30, § 1; 2009, No. 156 (Adj. Sess.), § E.321.1; 2011, No. 162 (Adj. Sess.), § E.321.1; 2013, No. 131 (Adj. Sess.), § 53, eff. May 20, 2014; 2021, No. 20, § 314; 2021, No. 105 (Adj. Sess.), § 610, eff. July 1, 2022.)