IC 12-14-17
    Chapter 17. Supplemental Assistance; Funeral and CemeteryExpenses

IC 12-14-17-1
Application of chapter
    Sec. 1. This chapter applies to the following individuals:
        (1) An individual who receives supplemental assistance to theaged.
        (2) An individual who receives supplemental assistance to theblind.
        (3) An individual who receives supplemental assistance forpersons with disabilities.
        (4) An individual who has a disability, is aged, or is blind who,at the time of death, was certified to receive medical assistanceunder Medicaid.
As added by P.L.2-1992, SEC.8. Amended by P.L.1-1994, SEC.58;P.L.99-2007, SEC.91.

IC 12-14-17-2
Application of section; funeral expenses payment; preferred claim
    Sec. 2. (a) This section applies upon the death of either of thefollowing:
        (1) A recipient who is receiving supplemental assistance.
        (2) An individual who had a disability, was aged, or was blindwho, at the time of death, was certified as eligible to receivemedical assistance under Medicaid.
    (b) Except as provided in subsection (c), the division shall pay sixhundred dollars ($600) for the funeral director's expenses of thedecedent if the following conditions exist:
        (1) The estate of the deceased is insufficient to pay the funeraldirector's expenses.
        (2) The individual legally responsible for the burial of thedeceased is unable to pay the funeral director's expenses.
    (c) If the division determines that the estate of the deceased issufficient to pay all or part of the funeral director's expenses, thedivision:
        (1) shall pay six hundred dollars ($600) for expenses that thefuneral director has incurred; and
        (2) may recover the amount paid by the division under thissection as a preferred claim from the estate of the deceased.
As added by P.L.2-1992, SEC.8. Amended by P.L.1-1994, SEC.59;P.L.273-1999, SEC.87; P.L.9-2006, SEC.1; P.L.99-2007, SEC.92.

IC 12-14-17-3
Cemetery expenses payment; preferred claim
    Sec. 3. (a) Except as provided in subsection (b), in addition tomoney paid by the division under section 2 of this chapter and evenif the deceased or person legally responsible for the deceasedpossesses a burial lot, the division shall pay four hundred dollars

($400) for the cemetery's expenses for the deceased to cover thefollowing:
        (1) The provision of burial rights if necessary.
        (2) The opening and closing of a burial plot and provision of anouter container.
        (3) The service required by the cemetery authorities.
    (b) If the division determines that the estate of the deceased issufficient to pay all or part of the cemetery's expenses, the division:
        (1) shall pay four hundred dollars ($400) for expenses that thecemetery has incurred; and
        (2) may recover the amount paid by the division under thissection as a preferred claim from the estate of the deceased.
As added by P.L.2-1992, SEC.8. Amended by P.L.273-1999, SEC.88;P.L.9-2006, SEC.2.

IC 12-14-17-3.5
Superior claim
    Sec. 3.5. Except for a claim for the costs and expenses ofadministration, a claim filed under sections 2(c) and 3(b) of thischapter is a superior claim.
As added by P.L.9-2006, SEC.3.

IC 12-14-17-4
Funeral expenses payment; contributions excluded in determiningamount
    Sec. 4. The division:
        (1) may not consider a combined total of one thousand sevenhundred fifty dollars ($1,750) that is contributed by:
            (A) friends;
            (B) relatives; and
            (C) the resources of the deceased; and
        (2) may consider any amount that exceeds one thousand sevenhundred fifty dollars ($1,750) contributed by:
            (A) friends;
            (B) relatives; and
            (C) the resources of the deceased;
when determining the amount to be paid to the funeral director forexpenses under this chapter. However, the resources of the deceasedmay not be used if the deceased has prepaid funeral expenses thatwere excluded as a resource for Medicaid eligibility underIC 12-15-2.
As added by P.L.2-1992, SEC.8. Amended by P.L.118-1997, SEC.3;P.L.9-2006, SEC.4.

IC 12-14-17-5
Cemetery expenses payment; contributions excluded indetermining amount
    Sec. 5. The division:
        (1) may not consider a combined total of four hundred dollars($400) that is contributed by:            (A) friends;
            (B) relatives; and
            (C) the resources of the deceased; and
        (2) may consider any amount that exceeds four hundred dollars($400) contributed by:
            (A) friends;
            (B) relatives; and
            (C) the resources of the deceased;
when determining the amount to be paid to the cemetery for expensesunder this chapter. However, the resources of the deceased may notbe used if the deceased has prepaid funeral expenses that wereexcluded as a resource for Medicaid eligibility under IC 12-15-2.
As added by P.L.2-1992, SEC.8. Amended by P.L.118-1997, SEC.4;P.L.9-2006, SEC.5.

IC 12-14-17-6
Claims for expenses
    Sec. 6. (a) The funeral director and the cemetery representativeshall file a sworn claim with the county office indicating expensesincurred due to the death of a recipient.
    (b) With respect to supplemental assistance to the blind andpersons with disabilities, a sworn claim must be verified andforwarded to the division for payment.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.95;P.L.5-1993, SEC.108.