OLR Bill Analysis

HB 5163

AN ACT CONCERNING FUNERAL AND BURIAL PLOT ALLOWANCES

SUMMARY:

This bill requires the Department of Social Services (DSS) commissioner to apply certain asset exclusions uniformly throughout the state when determining eligibility for the State Supplement and Temporary Family Assistance (TFA) programs. These are the exclusion for a burial fund amount ($ 1, 200), the value of a burial plot, and the value of an irrevocable funeral contract (by law, limited to $ 5,400). By statute, the $ 1,200 burial fund amount is reduced by the value of a revocable or irrevocable funeral contract and the face value of a life insurance policy that the client may own.

The bill defines "burial plot" as the purchase of a gravesite, opening and closing of a gravesite, cremation urn, casket, outer burial container, and headstone or marker.

EFFECTIVE DATE: October 1, 2004

BACKGROUND

Definition of Burial Plot

Current DSS regulations define "burial plot" as "a gravesite, crypt, mausoleum, urn, or any other repository traditionally used for the remains of a deceased person" (DSS Uniform Policy Manual Sec. 4000. 01).

Local DSS offices were interpreting the regulations inconsistently and some were including caskets and containers in the burial plot contracts. A June 1, 2003, DSS Program Informational Bulletin No. UP-03-06 stated that under the regulation, "the burial plot does not include personal property, funeral services and funeral merchandise such as the casket and container. " The bulletin says the cost of the casket and container should be included in the irrevocable funeral services contract to be treated as an excluded asset when people apply for public assistance. Otherwise, they are considered revocable contracts, which DSS could claim as benefits it has paid to the deceased. The bill would supersede the DSS interpretation by clearly including the casket and container in the burial plot definition.

Related Bill

HB 5364, which the Aging Committee reported favorably to the Human Services Committee on March 2, makes the same changes as this bill but applies them not only to TFA and the State Supplement programs, but also to Medicaid eligibility.

COMMITTEE ACTION

General Law Committee

Joint Favorable Report