HB4380 S H&HR AM #1
Johnson 7909
The Committee on Health and Human Resources moved to amend the bill by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-9. Liability of relatives for support.
(a) The relatives of an indigent person,
who are of sufficient ability, shall be liable to support such person in the
manner required by the Department of welfare and to pay for the
expenses of burial when he dies any funeral services provided for the
indigent person and paid for by the department, in the following order:
(1) The spouse.
(1) (2) The children.
(2) (3) The father.
(3) (4) The brothers and sisters.
(4) (5) The mother.
(b) The commissioner department
may proceed by motion in the circuit court of the county in which the indigent
person may be, against one or more of the relatives liable.
(c) If a relative so liable does not reside
in this state and has no estate or debts due him or her within the state
by means of which the liability can be enforced against him or her, the
other relatives shall be liable as provided by this section, but a relative
shall not be compelled to receive the indigent person in his own home.
If
it appears that a relative liable for the support funeral expenses of an indigent
person is unable wholly to support him, but is able to contribute toward his
support, the court may assess upon the relative the proportion which he shall
be required to contribute either to the past expense incurred by the Department
of welfare or to the future support. The court may assess the residue upon the
relatives in the order of their liability.
Payment
with interest and costs may be enforced by execution.
(d) The liability of the relative of an indigent person for funeral service expenses created by this section is limited to the amount paid by the department pursuant to the provisions of section eighteen of this article.
(e) For purposes of this section, “spouse” means the person to whom the decedent was legally married or not legally separated at the time of the decedent’s death and who survived the decedent.
§9-5-18.
Funeral service expenses for indigent persons; filing of affidavit and
other financial information to certify indigency; penalties for false
swearing; payment by division department.
(a)
The Department of Health and Human Resources shall may pay for reasonable
funeral service expenses for indigent persons who are
cremated, and $1,250 for those who are or buried in an
amount not to exceed $1,250.
(b)
For purposes of this section, Prior to paying for funeral services,
the department shall determine the indigency of a deceased person, is
determined by the filing of and whether or not the deceased’s estate or
any of family member who is liable for the funeral service expenses pursuant to
section nine of this article is financially able to pay, alone or in
conjunction, for the funeral service expenses. The department shall
require that an affidavit be filed with the department, in a form
provided by and determined in accordance with the income guidelines as set
forth by the department, as well as any other supporting financial
information the department may require, including, but not limited to, bank
statements and income tax information of the deceased person and the relatives
of the deceased person who are liable for the funeral service expenses pursuant
to section nine of this article. The affidavit must be: (1) Signed by the heir
or heirs-at-law which states relatives liable for the funeral
service expenses and state that the estate of the deceased person is
pecuniarily unable to pay the costs associated with a funeral, funeral
service expenses and that the sole or combined assets of the relatives liable
for the funeral service expenses are not sufficient to pay for the funeral
service expenses; 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 persons funeral service 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: Provided, That, the department may not pay for more than two thousand indigent funeral services in any fiscal year.
(d)
For purposes of this section, reasonable “funeral service expenses”
means expenses for cremation services provided by a funeral director for
the disposition of human remains: Provided, That, funeral service
expense may also include an alternative funeral service if the family member otherwise responsible for reimbursement
pursuant to subsection (a), section nine of this article if he or she had not
been deemed indigent determines that cremation would have been
objectionable to the decedent because of his or her religion or is otherwise
prohibited by federal or state law or regulation.
(e) For purposes of this section, “alternate funeral expenses” means expenses for services provided by a funeral director for the disposition of human remains other than by cremation.
(e) (f) 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 $1,000
or confined in the county or regional jail for a period of not more than
six months, or both.
Adopted
Rejected