Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-311.Same; duty of medical assistance recipient
to inform; payments of balances upon death; conditions; liability.
(a) Whenever a person, who is or has been a recipient of
medical assistance from the department of social and rehabilitation services,
enters into a prearranged funeral agreement, contract or plan pursuant to
K.S.A. 16-301, and amendments thereto, or a prearranged funeral agreement,
contract or plan funded by insurance proceeds, such person shall inform the
secretary of social and rehabilitation services or the secretary's designee of
the existence of such an agreement, contract or plan and shall inform the
funeral establishment that such person is or has been a recipient of medical
assistance.
(b) If any balance remains after payment for the final disposition of a dead
human body, or for funeral or burial services, or funeral or burial
merchandise, and the purchaser of the agreement, contract, or plan is or has
been a
recipient of medical assistance or a deceased surviving spouse of a recipient
of medical assistance, any remaining balance shall be paid according to K.S.A.
16-304, and amendments thereto, or if said agreement, contract or plan was
funded by insurance, any remaining balance shall be paid by the insurance
company or the person, association, partnership, firm or corporation providing
the services or merchandise to the secretary of social and rehabilitation
services or the secretary's designee, to the extent of medical assistance
expended on the deceased recipient.
The insurance company or the person, association, partnership, firm or
corporation providing the services or merchandise shall not be liable to the
department of social and rehabilitation services for the balance in the account
if written notice has not been received stating that medical assistance has
been expended on the recipient for which the department of social and
rehabilitation services may have a claim, and the balance of the account has
been paid to the estate of the deceased or in the case of insurance, the
designated beneficiary.
(c) Payments to the secretary of social and rehabilitation services under
subsection (b) and K.S.A. 16-304, and amendments thereto, shall be governed by
subsection (g)(2) of K.S.A. 39-709, and amendments thereto.
History: L. 2002, ch. 106, § 3;
L. 2004, ch. 36, § 2; July 1.
Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-311.Same; duty of medical assistance recipient
to inform; payments of balances upon death; conditions; liability.
(a) Whenever a person, who is or has been a recipient of
medical assistance from the department of social and rehabilitation services,
enters into a prearranged funeral agreement, contract or plan pursuant to
K.S.A. 16-301, and amendments thereto, or a prearranged funeral agreement,
contract or plan funded by insurance proceeds, such person shall inform the
secretary of social and rehabilitation services or the secretary's designee of
the existence of such an agreement, contract or plan and shall inform the
funeral establishment that such person is or has been a recipient of medical
assistance.
(b) If any balance remains after payment for the final disposition of a dead
human body, or for funeral or burial services, or funeral or burial
merchandise, and the purchaser of the agreement, contract, or plan is or has
been a
recipient of medical assistance or a deceased surviving spouse of a recipient
of medical assistance, any remaining balance shall be paid according to K.S.A.
16-304, and amendments thereto, or if said agreement, contract or plan was
funded by insurance, any remaining balance shall be paid by the insurance
company or the person, association, partnership, firm or corporation providing
the services or merchandise to the secretary of social and rehabilitation
services or the secretary's designee, to the extent of medical assistance
expended on the deceased recipient.
The insurance company or the person, association, partnership, firm or
corporation providing the services or merchandise shall not be liable to the
department of social and rehabilitation services for the balance in the account
if written notice has not been received stating that medical assistance has
been expended on the recipient for which the department of social and
rehabilitation services may have a claim, and the balance of the account has
been paid to the estate of the deceased or in the case of insurance, the
designated beneficiary.
(c) Payments to the secretary of social and rehabilitation services under
subsection (b) and K.S.A. 16-304, and amendments thereto, shall be governed by
subsection (g)(2) of K.S.A. 39-709, and amendments thereto.
History: L. 2002, ch. 106, § 3;
L. 2004, ch. 36, § 2; July 1.
Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-311.Same; duty of medical assistance recipient
to inform; payments of balances upon death; conditions; liability.
(a) Whenever a person, who is or has been a recipient of
medical assistance from the department of social and rehabilitation services,
enters into a prearranged funeral agreement, contract or plan pursuant to
K.S.A. 16-301, and amendments thereto, or a prearranged funeral agreement,
contract or plan funded by insurance proceeds, such person shall inform the
secretary of social and rehabilitation services or the secretary's designee of
the existence of such an agreement, contract or plan and shall inform the
funeral establishment that such person is or has been a recipient of medical
assistance.
(b) If any balance remains after payment for the final disposition of a dead
human body, or for funeral or burial services, or funeral or burial
merchandise, and the purchaser of the agreement, contract, or plan is or has
been a
recipient of medical assistance or a deceased surviving spouse of a recipient
of medical assistance, any remaining balance shall be paid according to K.S.A.
16-304, and amendments thereto, or if said agreement, contract or plan was
funded by insurance, any remaining balance shall be paid by the insurance
company or the person, association, partnership, firm or corporation providing
the services or merchandise to the secretary of social and rehabilitation
services or the secretary's designee, to the extent of medical assistance
expended on the deceased recipient.
The insurance company or the person, association, partnership, firm or
corporation providing the services or merchandise shall not be liable to the
department of social and rehabilitation services for the balance in the account
if written notice has not been received stating that medical assistance has
been expended on the recipient for which the department of social and
rehabilitation services may have a claim, and the balance of the account has
been paid to the estate of the deceased or in the case of insurance, the
designated beneficiary.
(c) Payments to the secretary of social and rehabilitation services under
subsection (b) and K.S.A. 16-304, and amendments thereto, shall be governed by
subsection (g)(2) of K.S.A. 39-709, and amendments thereto.
History: L. 2002, ch. 106, § 3;
L. 2004, ch. 36, § 2; July 1.