ENGROSSED*
Senate Bill No. 253
(By Senators Helmick, Ross, Sharpe, Minard, Rowe, Oliverio, Love,
Mitchell, Anderson and Unger)
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[Introduced February 28, 2001; referred to the Committee on
Health and Human Resources; and then to the Committee on
Finance.]
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A BILL to amend and reenact section eighteen, article five, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to increasing the indigent
funeral expense allowance.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article five, chapter nine of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-18. Funeral expenses for indigent persons; filing of affidavit to certify indigency; penalties for false swearing;
payment by division.
(a) The department of health and human resources shall pay for
reasonable funeral service expenses for indigent persons, in an
amount not to exceed seven hundred fifty one thousand two hundred
fifty dollars.
(b) For purposes of this section, the indigency of a deceased
person is determined by the filing of an affidavit with the
department, in a form provided by and determined in accordance with
the income guidelines as set forth by the department: (1) Signed
by the heir or heirs-at-law which states that the estate of the
deceased person is pecuniarily unable to pay the costs associated
with a funeral; or (2) signed by the county coroner or the county
health officer, the attending physician or other person signing the
death certificate or the state medical examiner stating that the
deceased person has no heirs or that heirs have not been located
after a reasonable search and that the deceased person had no
estate or the estate is pecuniarily unable to pay the costs
associated with a funeral.
(c) Payment shall be made by the department to the person or
persons who have furnished the services and supplies for the
indigent person's funeral expenses or to the persons who have advanced payment for same, as the department may determine,
pursuant to appropriations for expenditures made by the Legislature
for such purpose.
(d) For purposes of this section, "reasonable funeral service
expenses" means expenses for services provided by a funeral
director for the disposition of human remains.
(e) Any person who knowingly swears falsely in an affidavit
required by this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one thousand
dollars or confined in the county or regional jail for a period of
not more than six months, or both.
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