Section 405IAC2-4-1. Payment of burial expenses

   (a) For the purpose of implementing the provisions of IC 12-1-5-11 [IC 12-1 was repealed by P.L.2-1992, SECTION 897, effective February 14, 1992.], IC 12-1-6-11 [IC 12-1 was repealed by P.L.2-1992, SECTION 897, effective February 14, 1992.], and IC 12-1-7.1-13 [IC 12-1 was repealed by P.L.2-1992, SECTION 897, effective February 14, 1992.], a recipient of medical assistance for the aged, blind, and disabled is that person who is receiving medical assistance as of the date of his death, or who applied for medical assistance prior to the date of his death and was subsequently determined eligible.

  (b) The state department shall pay for the cost of the deceased recipient's burial expenses subject to the following limitations:

(1) Payment will be made only to the funeral director or cemetery representative upon submission of a completed claim form prescribed by the state department.

(2) Payment shall not be made to a funeral director who submits a claim for cemetery expenses unless he attaches proof to the claim that he is the cemetery representative or has been designated the cemetery representative.

(3) In determining the amount to be paid by the state department to the funeral director, contributions paid and payments made or available from the estate of the deceased recipient in excess of the exclusion provided by IC 12-1-5-11 [IC 12-1 was repealed by P.L.2-1992, SECTION 897, effective February 14, 1992.], IC 12-1-6-11 [IC 12-1 was repealed by P.L.2-1992, SECTION 897, effective February 14, 1992.], and IC 12-1-7.1-13 [IC 12-1 was repealed by P.L.2-1992, SECTION 897, effective February 14, 1992.] shall be subtracted from the statutory maximum. The balance of the unpaid expenses, up to the statutory maximum, shall be paid by the state department.

(4) In determining the amount to be paid by the state department to the cemetery representative, contributions paid and payments made or available from the estate of the deceased recipient in excess of the statutory exclusion shall be subtracted from the statutory maximum. The balance of the unpaid expenses, up to the statutory maximum, shall be paid by the state department.

(Office of the Secretary of Family and Social Services; 405 IAC 2-4-1; filed Mar 1, 1984, 2:31 pm: 7 IR 1021, eff Apr 1, 1984; errata, 7 IR 1254; filed Aug 2, 1985, 2:39 pm: 8 IR 2023, eff Sep 1, 1985; filed Jul 16, 1987, 2:00 pm: 10 IR 2671; errata, 11 IR 799; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA) NOTE: Transferred from the Division of Family and Children (470 IAC 9.1-4-1) to the Office of the Secretary of Family and Social Services (405 IAC 2-4-1) by P.L.9-1991, SECTION 131, effective January 1, 1992.