Chapter 20. Burial Assistance Program
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Family Investment Administration of the Maryland Department of Human Services.
(2)
“Burial assistance (BA)” means State-funded assistance which pays for reasonable funeral expenses of eligible persons.
(3)
“Legally responsible individual” means a person who, at the time of the deceased's death, was legally responsible for providing support to the deceased and includes the:
(a)
Spouse of the deceased;
(b)
Parent of a deceased minor;
(c)
Parent of a deceased destitute adult; and
(d)
Adult child of a deceased destitute parent.
(4)
“Local department” means a department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services.
(5)
“Public assistance” means a cash grant and includes:
(a)
Mandatory State Supplement (MSS);
(b)
Public Assistance to Adults (PAA);
(c)
Supplementary Security Income (SSI);
(d)
Temporary Cash Assistance (TCA); and
(e)
Temporary Disability Assistance Program (TDAP).
Regulation .02 Application.LinkCopy Citation
A.
The requirements at application are the same as COMAR 07.03.01.01, .02, .05, and .06.
B.
The local department shall process a burial assistance application as soon as possible.
C.
The applicant shall obtain verification that:
(1)
An eligible person has died; and
(2)
There are no other resources to pay for the funeral.
D.
The local department and the funeral services vendor shall inform the applicant that assistance for burial assistance is available from the Department of Human Services.
E.
The funeral services vendor shall give the applicant at least three choices for funeral arrangements with the following limitations:
(1)
The cost of one choice may not exceed $650;
(2)
Another choice may not exceed $2,500; and
(3)
There shall be at least one choice with a cost between $650 and $2,500.
Regulation .03 Eligibility and Payment.LinkCopy Citation
A.
The maximum payment for burial assistance is $650.
B.
Payment is allowable when the:
(1)
Total funeral expenses do not exceed $2,500, excluding the cost of a burial lot, vault, grave digging, or burial clothing when provided or paid for by family or friends; and
(2)
Payment does not reimburse the applicant or the vendor for paid funeral expenses.
C.
The service provider may request payment from the applicant for burial assistance, in an amount not to exceed the total funeral expenses or $2,500, whichever is less, minus the burial assistance grant.
D.
The burial assistance amount is $650 or the difference between the funeral expenses, not to exceed $2,500, and the available resources, whichever is less.
E.
When the local department determines the amount of the burial assistance, the local department:
(1)
Shall consider the available resources of the deceased and, if applicable, of each individual legally responsible for the support of the deceased, as defined in Regulation .01B(3) of this chapter;
(2)
Shall consider to be available those resources easily convertible to cash, such as money in the bank, stocks, bonds, cash value of life insurance, available death benefits, and real property other than the home;
(3)
May not consider as a resource or funeral expense the cost of a burial lot, vault, grave digging, or burial clothing when provided or paid for by the family or friends.
F.
The local department may provide a burial assistance grant to pay funeral expenses of:
(1)
A child receiving foster care under the Social Services Administration Foster Care Program at the time of death;
(2)
A recipient of public assistance at the time of death, including a recipient whose grant was suspended but not canceled;
(3)
A recipient of Medical Assistance in a nursing home at the time of death who formerly received SSI or (PAA);
(4)
A newborn child who is not a part of a TCA assistance unit, if the:
(a)
Child's mother was a TCA recipient at the time of the child's death, and
(b)
Child died not more than 60 days following either its date of birth or the date its mother was released from the hospitalization during which the birth occurred, whichever is later; or
(5)
An individual considered eligible for TDAP at the time of death.
G.
The local department may provide a grant for the preparation and transportation of the body of a deceased migrant worker to the migrant worker's place of origin.
H.
The local department may establish by local policy a higher standard for burial, if:
(1)
An amount allowed in excess of the payment, as determined as set forth in this regulation, is met by local funds; and
(2)
The local policy is approved by the Administration.
Regulation .04 Method of Payment.LinkCopy Citation
A.
The local department shall provide burial assistance in the form of vendor payments.
B.
The applicant shall participate in the selection of the burial services vendor.
C.
The local department may not issue a burial payment until the vendor submits:
(1)
The purchase authorization and invoice form; and
(2)
An itemized statement of services provided.
D.
The local department shall make payment within 14 working days after the vendor complies with the requirements of §C of this regulation.
Regulation .05 Replacement of Checks Lost, Stolen, or Not Received.LinkCopy Citation
A.
The local department shall issue a new check to replace a burial assistance check which is lost, stolen, or not received when the vendor satisfies the requirements of this regulation.
B.
If a check is lost, stolen, or not received, the vendor shall notify the local department within 30 calendar days from the date the check was issued.
C.
If the check is stolen, the vendor shall file a complaint with local law enforcement officials and shall provide a valid complaint number.
D.
If the check is cashed, the vendor shall sign a completed forgery affidavit form.
E.
The local department shall issue the replacement check within 5 working days of satisfaction of the conditions in this regulation.
Regulation .06 Appeals.LinkCopy Citation
The local department shall give to each applicant or recipient of burial assistance written notification of the right to appeal, and procedures for requesting and obtaining a fair hearing as set forth in COMAR 07.01.04.
Chapter annotations
Authority: Human Services Article, §5-415, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.06 adopted as an emergency provision effective April 1, 1992 (19:8 Md. R. 797); emergency status extended at 19:20 Md. R. 1811
History: Regulations .01—.06 adopted effective February 15, 1993 (20:3 Md. R. 257)
History: Regulation .01B amended as an emergency provision effective July 1, 1995 (22:14 Md. R. 1045); amended permanently effective December 4, 1995 (22:24 Md. R. 1893)
History: Regulation .01B amended effective October 1, 1996 (23:19 Md. R. 1373); August 6, 2001 (28:15 Md. R. 1396); November 19, 2007 (34:23 Md. R. 2027)
History: Regulation .02D, E adopted effective December 1, 1994 (21:23 Md. R. 1448)
History: Regulation .02E amended effective November 19, 2007 (34:23 Md. R. 2027)
History: Regulation .03A, B amended as an emergency provision effective July 18, 1993 (20:15 Md. R. 1218); emergency status expired October 25, 1993 (20:23 Md. R. 1798)
History: Regulation .03 amended as an emergency provision effective October 26, 1993 (20:23 Md. R. 1798); emergency status extended at 21:9 Md. R. 743 and 21:21 Md. R. 1809; emergency status expired December 1, 1994
History: Regulation .03 amended effective August 6, 2001 (28:15 Md. R. 1396); November 19, 2007 (34:23 Md. R. 2027)
History: Regulation .03A, B, C amended and B-1 adopted effective December 1, 1994 (21:23 Md. R. 1448)
History: Regulation .03D amended as an emergency provision effective July 1, 1995 (22:14 Md. R. 1045); amended permanently effective December 4, 1995 (22:24 Md. R. 1893)
History: Regulation .04 amended effective August 6, 2001 (28:15 Md. R. 1396)
History: Regulation .06 amended effective August 6, 2001 (28:15 Md. R. 1396)