This chapter provides guidelines and procedures for carrying out the intent of Human Services Article, §10-214, Annotated Code of Maryland, requiring nursing home administrators to obtain the prior approval of the Department of Aging for burial arrangements for unclaimed deceased nursing home residents. In this chapter, the following terms have the meanings indicated. Terms Defined. “Anatomy Board” means the Anatomy Board of the Maryland Department of Health. “Department” means the Maryland Department of Aging. “Nursing home” means comprehensive care facilities or extended care facilities. “Nursing home administrator” means the individual licensed by the Board of Examiners of Nursing Home Administrators and responsible for the operation of the nursing home, or the individual authorized to act for the administrator for the purpose of these regulations. “Unclaimed deceased nursing home resident” means a resident of a nursing home who has not pre-arranged and prepaid for the disposal of his body and for whom no person has claimed the body and assumed funeral or burial responsibility upon the death of the resident. Each nursing home shall ascertain and record upon admission of the resident, or as soon after as possible: Any arrangements (financial, religious, name of preferred funeral director, if any, etc.) the resident has made, or wishes to make, with regard to burial; and The name, address, and relationship of any person who has agreed to claim the body upon death of the resident and to assume funeral or burial responsibility. Each nursing home shall make reasonable efforts to keep their records current to reflect any subsequent changes in the information in §A of this regulation. Upon the death of an individual who appears to be an unclaimed deceased nursing home resident, the nursing home administrator should contact any person who, although not having been identified in advance as being responsible for the burial arrangements, might nevertheless at the time of death be willing to claim the body and assume responsibility. A nursing home administrator may wish to initiate contact with potentially responsible persons when death appears imminent. The nursing home administrator shall promptly notify the Department of the death of an unclaimed deceased nursing home resident. In addition to this notification, the nursing home administrator shall furnish the Department with information with respect to: The burial arrangements, if any, made, or any preferences for the arrangements expressed, by the resident before death; The nature of the documentation of the pre-arrangements or preferences; The name, address, and relationship of any individual who was predesignated as willing to assume responsibility for the burial arrangements and the reason they are not assuming the responsibility; The name, address, and relationship of other known relatives or friends of the deceased and the results of efforts, if any, made by the nursing home administrator to have them assume responsibility for the burial arrangements; The funds or sources of funds, if any, known to the nursing home administrator that are or could be available to pay the costs of burial; The arrangements, if any, the nursing home administrator proposes to make for the burial of the individual, including financial arrangements, that take into account any pre-arrangements or preferences stated in §C(1) of this regulation; and Any other information requested by the Department for proper administration of the law and these regulations. The nursing home administrator shall furnish the required information to the Department as soon as possible after death of the resident or, if possible, when death is imminent, to enable the Department to expedite its approval of burial arrangements. A nursing home administrator shall, whenever possible, plan arrangements for the burial of an unclaimed deceased nursing home resident if there are sufficient funds or resources (including Social Security, Veterans' Administration, or Social Services burial assistance benefits) available to pay the burial costs. These arrangements shall be consistent with the criteria in Regulation .05B of this chapter. A nursing home administrator shall obtain the approval of the Department for the burial and funeral arrangements of an unclaimed deceased nursing home resident before the arrangements may be carried out. The Department will approve a nursing home administrator's proposed arrangements for burial of an unclaimed deceased nursing home resident if: The proposed arrangements take into account any pre-arrangements or preferences of the deceased resident; Sufficient funds (including Social Security, VA, or Social Services burial assistance benefits) are available to pay the burial costs; and The total burial costs would meet one of the following financial criteria: The total burial costs would not exceed $650, exclusive of cemetery charges, or If the total costs would exceed $650, exclusive of cemetery charges, the additional costs are reasonably required in order to comply with the deceased resident's burial pre-arrangements or preferences. Upon approval by the Department of the nursing home administrator's proposed arrangements, the Department will issue a certification of approval for burial arrangements to the nursing home administrator. Following the burial, the nursing home administrator shall file with the Department a report of the completed burial arrangements and costs. The report shall be filed on a prescribed form within 10 calendar days after burial. If a nursing home administrator's proposed arrangements are not approved by the Department or the nursing home administrator does not propose to make arrangements for burial of the unclaimed deceased resident, the Department will arrange, with the Anatomy Board when appropriate, for the prompt removal of the body from the nursing home and burial. A nursing home administrator may make the initial report of the required information to the Department by telephone, if necessary to expedite burial of the deceased nursing home resident. Similarly, a request for approval of burial arrangements may be made by telephone. Nothing in these regulations shall be construed to modify the requirements of the Estates and Trusts Article, Annotated Code of Maryland, regarding the administration of estates. Human Services Article, §10-214, Annotated Code of Maryland Effective date: March 29, 1982 (9:6 Md. R. 615) Regulation .05B amended effective October 31, 1988 (15:22 Md. R. 2559) Chapter recodified from COMAR 14.11.04 to COMAR 32.02.03, October 2000