218 R.I. Code R. 218-RICR-20-00-3.4

Current through November 7, 2024

Section 218-RICR-20-00-3.4 - Funeral and Burial Expenses

3.4.1The Application Process

A. For the Department to consider granting assistance to those persons who may be eligible, application for payment of funeral and burial expenses must be made on behalf of the deceased within thirty (30) days of the date of death.

1. An application for payment of funeral and burial expenses shall also be deemed as received on behalf of a decedent when a person with custody of an unclaimed body contacts the Department of Human Services (DHS) to report the unclaimed body.

2. Eligibility for the expenditure of GPA funds for a funeral or burial does not exist for anyone who at the time of their demise, was confined by and/or in the custody of the Department of Corrections, the Department of Children, Youth and Families or the Department of Behavioral Healthcare, Developmental Disabilities amp; Hospitals (BHDDH).

3.4.2Eligibility Requirements

A. Conditions of Eligibility

1. Payment is made to meet the cost of funeral and burial expenses up to the cost standard for any person who dies and owns no, or insufficient, resources and/or income to meet these expenses.

2. All resources of the deceased are deducted from the cost standard in determining the amount of payment. A deceased's resources include, but are not limited to:

a. Life insurance policies, and/or fraternal insurance, when the beneficiary is the deceased's estate or a legally liable relative;

b. Cash, securities, bonds, patient accounts for those in a nursing home, or other assets left by the deceased; and

c. Any real property not being used as a home by dependent survivors.

3. For the purposes of determining eligibility for GPA burial assistance, the following are EXCLUDED:

a. Veterans' benefits

b. Social Security lump sum death benefits

4. Non-exempt resources (§3.2.4 of this Part) in excess of four hundred dollars ($400.00) of legally liable relatives (i.e., parents for minor children and spouses who were living together) are considered available to meet the cost of funeral and burial expenses.

5. The income of legally liable relatives, except for a relative on RIW, GPA, or SSI, must be considered in determining eligibility for and the amount of payment. The determination is made on a monthly basis. Certain income disregards listed below are deducted from the gross monthly income.

a. The amount remaining, after applying the appropriate deductions, is compared to the approved funeral and burial cost expenses.

6. The following income disregards are deducted from the monthly gross income of the legally liable relative in determining the amount of the payment for funeral or burial expenses.

a. Work Expense Disregard From the monthly gross earned income, disregard ninety dollars ($90.00) from the monthly gross income for each person employed.

b. Dependent Care Disregard

(1) From the monthly gross earned income, disregard the actual cost, if any, of care for each dependent child under thirteen (13) years of age or incapacitated person who is living in the home and is claimed or could be claimed as a dependent for the purposes of Federal personal income tax liability.

(2) For the legally liable relative employed full-time (one hundred (100) hours or more per month), this disregard may not exceed one hundred sixty dollars ($160.00) per month per child or incapacitated person.

(3) For the legally liable relative employed part-time (less than one hundred (100) hours per month), this disregard may not exceed eighty dollars ($80.00) per month per child or incapacitated person.

(4) Consideration of dependent care expenses is only given when the care is provided by a person not living in the dependent's household.

c. Maintenance Expense Disregard

(1) An amount is also disregarded for the support of the legally liable relative and any other individuals who are living in the home and are claimed or could be claimed as dependents for purposes of determining Federal personal income tax liability.

(2) The amount disregarded equals the appropriate monthly GPA consolidated standard for individuals and couples or the appropriate RIW standard based on the size of the legally liable relative's family group.

d. Medical Expense Disregard

(1) A deduction is made to meet the cost of specific incurred medical expenses or medical services verified as needed for the month.

(2) Such medical expenses include the amount paid for health insurance plus the amount of verified required monthly medical services that are within the scope of the GPA program.

B. Private Supplementation of Funeral Expenses

1. Friends or family of the decedent (other than legally liable relatives) may privately contract with the funeral director for additional or upgraded services and merchandise.

a. Those individuals may contribute up to one thousand six hundred dollars ($1,600.00), for additional funeral home services and merchandise, without affecting eligibility for the nine hundred dollar ($900.00) basic allowance.

b. For each additional one dollar ($1.00) that those individuals contribute over the one thousand six hundred dollar ($1,600.00) allowable supplement, a corresponding one dollar ($1.00) is deducted from the basic allowance to be paid by the State.

2. The following are examples of items which might be contracted for privately by the family:

a. Preparation of deceased for viewing (embalming, hairdressing, etc.);

b. Use of funeral home for visitation or funeral services;

c. Transportation for family members or friends to funeral services;

d. Additional or upgraded funeral merchandise (casket, vault, cards, etc.).

3. Payment of fees by the family or friends to clergy, church musicians, florists, newspapers, state officials, or city officials for certified copies of death certificates in no way diminishes the amount that the family is permitted to supplement toward services or merchandise provided by the funeral director.

C. Funeral and Burial Arrangements

1. Relatives and/or friends have a choice among those undertakers willing to provide a quality of service in accordance with the cost standard.

a. Church and municipally-owned cemeteries often provide, free of charge, burial lots and/or the cost of opening and closing graves for persons unable to pay.

b. The Rhode Island Veterans Cemetery also provides the above to eligible veterans and their eligible dependents.

c. These resources must be explored and utilized, where available.

d. Additionally, if a city or town provides burial space free of charge, this resource must be used.

e. If the above resources are not available, burial costs can be met in accordance with the cost standards.

2. Payment of funeral and burial expenses by the Department is not considered unless an application is filed on behalf of the deceased within thirty (30) days of the date of death.

3. When no relatives or friends are available, the designated DHS representative makes the arrangements appropriate to the faith of the deceased, when known.

D. Application for Payment of Burial Costs

1. The application is made in the city/town of the residence of the deceased.

a. When a client dies in a nursing/group home, the community in which the home is located is responsible for burial if need exists.

2. If the deceased was a recipient of RIW, GPA, Medicaid, SNAP, or Long Term Services and Supports (LTSS) at the time of death, the information in the eligibility system is used to determine eligibility for GPA burial assistance.

3. If the deceased was a recipient of SSI at the time of death, contact is made with the Social Security Administration to determine available resources to document the application.

a. If this information is unobtainable, and there are no relatives or friends, the application is filed by the DHS representative to the best of his/her ability in behalf of the decedent.

4. If the deceased was not an active recipient of RIW, GPA, Medicaid, SNAP, or LTSS but had filed an application within ninety (90) days prior to death, and the current information is available to the DHS, a determination of eligibility may be made from the information on file.

5. If the deceased was not previously known to the DHS, an application must be made on behalf of the deceased by a family member, an individual legally identified as next of kin, nursing home, hospital or an individual legally appointed by a court to obtain information to determine eligibility.

E. Cost Standard for Burial

1. The DHS can provide payment up to its cost standard minus the resources and/or income of the deceased, including any amount deemed from legally liable relatives. The cost standard covers at least the following services and merchandise:

a. Professional Services Basic management and supervisory services of the Funeral Director and staff in handling all arrangements relative to final disposition;

b. Use of Facilities and Equipment;

c. Transportation (includes local within ten (10) mile radius) transfer of deceased to funeral home, local transfer of deceased to church and/or cemetery or crematory;

d. Merchandise (includes minimum burial casket or appropriate cremation container; and casket name plate when required by the cemetery).

2. A bill must be submitted by the Funeral Director, itemizing the cost of services, by category, as indicated above.

a. The bill must also include the amount non-legally liable relatives and/or friends have paid or agree to pay toward the expense.

b. If eligibility exists, the department meets the balance, up to the cost standard, less any resources that must be considered.

c. Refer to § 3.4 of this Part for specific items for which family and/or friends may pay, without diminishing the amount the Department may pay as defined by this Part

3. Cemetery and/or crematory expense is separate and distinct from the Funeral Director/funeral home expense and should be treated as such. Although the Funeral Director will often coordinate the arrangements with the cemetery, the cemetery should be recognized as a separate vendor, which will bill the Department of Human Services.

F. Standards for Funeral and Burial Expenses

1. Basic standards for funeral and burial expenses follow:

a. Stillborns: An amount up to twenty-five dollars ($25.00) may be authorized for the funeral and an additional amount up to forty dollars ($40.00) may be authorized for the burial of a stillborn. These amounts are authorized regardless of the duration of the pregnancy.

b. Adults and Children: An amount up to nine hundred dollars ($900.00) may be authorized to meet funeral expenses of an adult or child. Further, with regard to burial or cremation of an adult or child, when the cost of the lot, opening and closing of the grave and/or cement grave liner is required, or when a crematory fee is required, in lieu of opening and closing the grave, consideration is given to these costs according to the following maximum amounts:

(1) Cost of a lot - one hundred fifty dollars ($150.00);

(2) Opening and closing of the grave - one hundred seventy-five dollars ($175.00);

(3) Cement liner, if required by the cemetery - one hundred twenty-five dollars ($125.00); and

(4) Crematory fee - one hundred fifty dollars ($150.00).

c. Note that payment to meet burial or crematory costs in excess of these amounts may be authorized only when the designated DHS representative ascertains and documents the existence of special circumstances.

2. Additional Costs in Special Circumstances

a. With the approval of the designated DHS representative, the following costs can also be met:

(1) Transportation: If a Funeral Director must transport a body from one community to another, beyond a radius of ten (10) miles, the mileage above and beyond the ten (10) miles is reimbursable at the following rate: Travel by road: two dollars ($2.00) per mile - one way; Travel by train or air: the verified train or air fare.

(2) Special Expenses: Funeral and burial expenses in excess of the basic standard because of individual needs such as, but not limited to, a special sized casket and special sized outer container to accommodate the casket are taken into consideration when such need is documented by the undertaker and approved by the designated DHS representative.

G. Payment of Funeral and Burial Expenses

1. The Department makes payment only to service providers and does not reimburse any other person for payment of funeral and burial expenses.

2. A bill presented for payment must be itemized.

3. GPA payment of the expenses may not exceed the appropriate cost standards and, after application of the total resources available to the deceased, is limited to either the actual balance or the cost standard, whichever amount is less.

4. If payments for funeral and burial expenses are made by non-legally liable relatives or friends, the GPA payment in such cases may not, in combination with payments made by friends and/or non-legally liable relatives, exceed the two thousand five hundred dollar ($2,500.00) maximum for funeral expenses, and may not exceed the separate maximum for burial and/or crematory fees as described in § 3.4 of this Part.

5. In determining the maximum payment for financial expenses, refer to § 3.4 of this Part for items that are independent of and not counted toward the maximum payment.

6. Determination of eligibility and authorization of payment for approved burial expenses are the responsibility of the DHS.

a. If the deceased was a recipient of assistance other than GPA, the DHS representative bases the determination of eligibility on the information contained in the eligibility system (see § 3.4 of this Part).

H. Recoupment of Funeral and Burial Expenses

1. If, subsequent to payment of funeral and burial expenses on behalf of a decedent by DHS through the GPA Program, resources are discovered, the Director or his/her designee shall determine if efforts will be made by the Department to recoup the cost of funeral and burial expenses from the resources of the decedent or legally liable relative, or, if applicable, recovery in accordance with R.I. Gen. Laws § 40-8-15 is to be made, DHS shall file necessary Petitions with probate Court.

2. Recoupment of expenses by DHS may be made by acceptance of cash, or any of its generally accepted equivalents, including checks money orders and credit/debit cards.

I. GPA Burial of Unclaimed Bodies

1. Payment of funeral and burial expenses by the department is not considered unless an application is filed on behalf of the deceased within thirty (30) days of the date of death, or if the Department is contacted by a person, entity, agency, or Funeral Director to request a public expense burial.

a. In such instances, the person having custody of the unclaimed body shall attempt, within the first twenty-four (24) hours after death, to locate relatives or friends of the decedent who will assume responsibility.

(1) If no such person is found within twenty-four (24) hours after death, the person having custody of the dead body shall notify the director of the Department of Human Services or his/her designee who shall arrange for the removal of the unclaimed body.

(2) If a body is unclaimed at or before the expiration of thirty (30) hours, DHS shall make a reasonable effort to find relatives or friends of the decedent.

(3) If no one is located, the Director or his/her designee shall have the authority to authorize a public expense burial in accordance with R.I. Gen. Laws Chapter 23-18.1.

(4) For the purpose of these Rules, a public expense burial may be treated as a General Public Assistance (GPA) burial.

(5) After a reasonable period of time, the Director or his/her designee shall have decision-making authority for the funeral and burial arrangements, appropriate to the faith of the deceased, when known.

b. If a non-legally liable relative or friend of a decedent comes forward, that contact shall be deemed a request for a general public assistance burial on behalf of the decedent.

(1) This person is encouraged to make application for general public assistance burial on behalf of the decedent. The application shall be processed in accordance with §3.4.1 of this Part.

c. An application made by a legally liable relative shall be processed in accordance with §3.4.2 of this Part. DHS shall make every attempt to ascertain income and resources of the decedent in either case.

d. If there are relatives unwilling to authorize burial, or unwilling to pay for the decedent's burial, the GPA burial application shall be processed and the Director or his/her designee shall determine if recovery of the decedent's assets shall be made by DHS.

e. To the extent that the Department of Human Services makes payment of the burial expenses, it shall have the right to recover the burial expenses from the estate of the deceased person if there are resources.

(1) If the Director or his/her designee determines recovery should be made to reimburse DHS for payment of burial expenses or for estate recovery in accordance with R.I. Gen. Laws § 40-8-15, then an affidavit shall be obtained from the relative(s) not willing to authorize burial, stating the names and addresses of all known relatives, and a statement attesting to the fact that the particular relative(s) waives their rights to the decedent's estate, if any.

218 R.I. Code R. 218-RICR-20-00-3.4

Amended effective 9/28/2021
Amended effective 3/11/2023