3.606.7 Funeral, Burial, and Cremation Expenses A.

Death Reimbursement 1. A death reimbursement benefit shall in some circumstances be available to assist in paying for the funeral, burial, and cremation expenses of a deceased client. Death reimbursement benefits paid for the disposition of a deceased client under these rules are not entitlements. Benefit levels for such dispositions shall be adjusted by the State Department in order to contain expenditures within the available legislative appropriation. 2. The total amount of death reimbursement benefit paid by the county department pursuant to this section shall not exceed one thousand five hundred dollars ($1,500). To be eligible for a state contribution, the total combined reasonable charges (including those paid by the deceased client’s estate, family, State Department funds, or any other source) for services, property, and supplies shall not exceed two thousand five hundred dollars ($2,500). 3. A birth certificate and death certificate shall not be required for a burial in the circumstances of a stillborn child or a pregnancy ended by miscarriage. Documentation from a medical provider and/or a collateral contact shall take the place of the birth and death certificate. B. When State Funds may be Contributed A death reimbursement benefit covering reasonable funeral expenses or reasonable cremation or burial expenses or any combination thereof shall be paid by the State Department for a deceased client, subject to state appropriations, as follows: 1. The expenses are incurred for the disposition of a deceased client who received Colorado Works while alive; and, 2. The deceased client’s estate is insufficient to pay all or part of such expenses (a deceased client’s estate is defined as property of any kind that the deceased client owned at the time of death); and, 3. The county department shall issue a written authorization and itemization of the services, property, and supplies for which the State Department funds shall be contributed. The total charge and amount of State Department funds authorized for each item shall be included in this authorization; and, 4. The total combined reasonable charges (including those paid by the deceased client’s estate, family, State Department funds, or any other source) for services, property, and supplies which have been authorized by the county department shall not exceed two thousand five hundred dollars ($2,500). C. Disposition by Funeral, Burial, and Cremation In those cases where disposition of a deceased client is by funeral/memorial service and burial or cremation, the county department may authorize that State Department funds shall be contributed toward the expenses for the following: 1. Transportation of the deceased client’s body from the place of death to a funeral home or other storage facility; 2. Storage of the body during the time prior to final disposition; 3. Embalming, where necessary for preservation of the body; 4. Funeral or memorial service; 5. Purchase of casket; 6. Preparation of body for placement in casket; 7. Transportation of body and casket to site of funeral/memorial service and/or cemetery; 8. Purchase of gravesite; 9. Purchase of vault (liner), when required by the cemetery; 10. Opening and closing of grave; 11. Purchase and placement of grave marker; 12. Perpetual care of gravesite by owner of cemetery; 13. Cremation of body; 14. Purchase of an urn or other receptacle for the cremated remains of the decedent; 15. Burial of the cremated remains of the decedent, including purchase of gravesite, vault (liner) if required by the cemetery, opening and closing of grave, purchase and placement of grave marker, and perpetual care of gravesite; 16. Storage of the cremated remains for no more than one hundred twenty (120) days, in those cases where they are not buried and are not claimed by the decedent's family or friend; and/or, 17. Any other items that are incidental to the funeral/memorial service and burial/cremation. D. Arranging for Details of Disposition Even though State Department funds may be contributed toward the expenses for the items listed in the preceding sections, some of those items will not be requested, necessary, or affordable in some situations (e.g., in the case of a direct burial with or without graveside service, or immediate cremation with no burial). In the course of contacting relatives of the deceased client in order to arrange for disposition, the county department and any provider which is involved (e.g., a funeral home or cemetery) should consult with the family members about the applicable regulatory provisions, the resources of the decedent's estate and family/friends, and the relative costs of the various types of disposition. In those cases where the client or family has requested that the disposition include items which cannot be provided within the limitations of these regulatory provisions, and where the family is unable or unwilling to make separate financial arrangements without a State Department contribution, the county department shall make arrangements for disposition of the client’s body in a reasonable, dignified manner which approximates the wishes and the religious and cultural preferences of the client or family. E. Limitation of Total Charges for Disposition Regardless of the manner of disposition, State Department funds shall not be contributed if the total charges (including those paid by the deceased client’s estate, family, state funds, or any other source) for services, property, and supplies related to the disposition exceed two thousand five hundred dollars ($2,500). F. Procedures to be Followed by County Departments The county department in which the deceased client’s case is active shall be responsible for determining whether and in what amounts State Department funds may be contributed for the disposition of the deceased client’s body. 1. When assistance for funeral, burial, or cremation services is requested on behalf of a deceased client, the county department shall obtain a completed application for funeral/burial/cremation assistance as prescribed by the State Department. This form is used to make a determination of eligibility for State Department funds for such services. The county department shall ensure that a choice of disposition by the client or a family member is made in writing. The choice of disposition may be made in the client’s will, on the application for funeral/burial/cremation assistance, or by any other document that the county department deems to be credible. When a choice of disposition between burial and cremation was made by the client in writing, and the client is determined to be eligible for burial assistance, the choice shall be honored by the county department within the limits of costs and reimbursement available. If a choice of disposition was not previously made by the client, the county department shall request a family member (spouse, adult children, parents, or siblings) to make the choice. The application form provides a section to be used by the family to make a written choice of disposition. Once the choice of disposition is determined, the appropriate providers shall be contacted to obtain signed proposals of items and charges for disposition. The Provider's Proposed Charges for Funeral/Burial/Cremation of Deceased Recipient of Assistance form shall be used for this purpose. If more than one provider is involved, a separate form for each provider MUST be used. Once the application and proposals from providers are received, the county department will be able to determine if a State Department funded death reimbursement is appropriate. If the combined charges from the providers exceed two thousand five hundred dollars ($2,500), no death reimbursement shall be paid from State Department funds. Providers may seek contributions from non-responsible persons only to the extent that monies are available from such parties. 2. In determining the extent of the State Department funded contribution, if any, toward the expenses of disposition, the county department shall proceed in accordance with the following steps: a. If the client did not make a written choice between burial and cremation, the county department shall determine whether the client’S family has any preference. The county department shall encourage such relatives, in making a choice of disposition, to consider the relatives' ability to contribute to the costs of the available options. b. After determining the method of disposition for the deceased client, the county department shall next determine whether any funds for disposition are available from the deceased client’s estate using the guidelines in section 26-2-129(6), or from those individuals legally responsible, as defined in section 26-2-129(2)(E), C.R.S., for the deceased client’s support. The county department shall also inquire about the availability of such funds from persons who appear to be interested in the manner of the deceased client’s disposition, even if such persons are not legally responsible for the deceased client’s support. c. The county department shall require the legally responsible person to financially participate towards the charges for funeral, burial, or cremation unless their resources are less than the Supplemental Security Income (SSI) resource limit which is $2,000 for an individual and $3,000 for a couple as described in C.R.S. 26-2-129(5). The amount of resources over the SSI limit shall be used to reduce the State Department funded Death Reimbursement payment. Money voluntarily contributed by the responsible party towards the burial, funeral, or cremation costs by the responsible party is also used to reduce the Death Reimbursement Benefit. d. The value of a prepaid burial plot of two thousand dollars ($2,000) or less when purchased is exempt and not counted toward the total funeral, cemetery, or burial expenses. If the final resting place was purchased by someone other than the decedent and donated to the deceased client, it shall not be counted as personal resource of the deceased client or legally responsible person. e. Social Security lump sum death benefits payable to a legally responsible person shall not be used in reducing the maximum Death Reimbursement Benefit. f. Funds disbursed from any insurance policy of the deceased client to a legally responsible person or non-responsible person who is named as beneficiary or a joint beneficiary of the deceased client’s policy, are counted as available and shall be used to reduce the maximum Death Reimbursement. Providers may seek contributions from non-responsible persons to the extent that monies are available from such parties. g. Contributions made by non-responsible parties shall not reduce the Death Reimbursement Benefit. These funds are used to offset the maximum combined charges to the providers. The county department shall make every reasonable effort to minimize the contribution of State Department funds for a deceased client’s disposition. The State Department may limit the maximum State Department contribution to a figure lower than one thousand five hundred dollars ($1,500) in order to contain total State Department expenditures within the available legislative appropriation. The State prescribed form shall be used to inform the county department accounting office of itemized total charges and the total State Department contribution. 3. The county department shall use the following procedures in cases where the county department becomes aware of a deceased client, and a family member cannot be located: a. If a family member has not been located within twenty-four hours after the client dies, the county department shall have the deceased client’s body refrigerated or embalmed. b. If a family member has not been located within seven days, the county department shall make the determination to bury or cremate the deceased client based on the best option available. c. The county department shall complete and send the State required form, Authorization of Cremation, to the appropriate funeral home/crematorium to authorize the cremation. d. The county department may authorize payment for funeral, burial, and cremation expenses up to one year after the death of the client. Those persons who made arrangements for the disposition of the deceased recipient's body must provide all necessary information to enable the county department to determine whether and to what extent a contribution of State Department funds is appropriate. G. Provider Agreement The county department shall have a statement of agreement between the providers that sets forth the charges and the amounts of any disbursement of funds by the county department. The agreement shall assure that the distributions of death reimbursement benefits are equitable. All vendor(s) who are providing the services must sign the agreement. The form must be approved and signed by the county department before death reimbursement is provided. Payment shall be made pursuant to the agreement.