State Codes and Statutes
Statutes > Vermont > Title-33 > Chapter-23 > 2301
§ 2301. Burial responsibility
(a)(1) When a person dies in this state, or a resident of this state dies within the state or elsewhere, and the decedent was a recipient of assistance under Title IV or XVI of the Social Security Act, or nursing home care under Title XIX of the Social Security Act, or assistance under state aid to the aged, blind or disabled, or an honorably discharged veteran of any branch of the U.S. military forces to the extent funds are available and to the extent authorized by department regulations, the decedent's burial shall be arranged and paid for by the department if the decedent was without sufficient known assets to pay for burial. The department shall pay burial expenses when arrangements are made other than by the department to the maximum permitted by its regulations. In any case where other contributions are made these payments shall be deducted from the amount otherwise paid by the department but in no case is the department responsible for any payment when the person arranging the burial selects a funeral the price of which exceeds the department's maximum.
(2) The department shall notify the directors of all funeral homes within the state and within close proximity to the state's borders of its regulations with respect to those services for which it shall make payment and the amount of payment authorized for such services. All payments shall be made directly to the appropriate funeral director.
(3) As a condition of payment when arrangements are made other than by the department, funeral directors shall be required to do the following:
(A) determine from the person making the arrangements if the decedent was a recipient of assistance or an eligible veteran as specified in subdivision (a)(1) of this section;
(B) If the decedent was such a recipient, give notice to the party making the arrangements of the department's regulations.
(4) If the funeral home director does not advise the person making the arrangements of the department's regulations then that person shall not be liable for expenses incurred.
(b) When a person dies while an inmate of a state institution and the inmate is without sufficient known assets to pay for burial, the burial shall be arranged and paid for by the state institution.
(c) When a person other than one described in subsection (a) or (b) of this section dies in the town of domicile without sufficient known assets to pay for burial, the burial shall be arranged and paid for by the town. The department shall reimburse the town up to $250.00 for expenses incurred.
(d) In all other cases the department shall arrange for and pay for the burial of persons who die in this state or residents of this state who die within the state or elsewhere when such persons are without sufficient known assets to pay for their burial.
(e) [Omitted.]
(f) In all cases where the department is responsible for funeral and/or burial expenses under this chapter, the department shall provide, by rule, the specific services that are to be provided at public expense, and on an itemized basis the maximum price to be paid by the department for each such service.
(g) For the purpose of this chapter, "burial" means the act of interring the human dead and the ceremonies directly related to that interment at the gravesite; and "funeral" means the ceremonies prior to burial of the body by interment, cremation or other method. (Added 1967, No. 147, § 8, eff. Oct. 1, 1968; amended 1969, No. 130, § 2, eff. Oct. 1, 1968; 1973, No. 152 (Adj. Sess.), § 33, eff. April 14, 1974; No. 207 (Adj. Sess.), § 9; 1983, No. 216 (Adj. Sess.), §§ 1, 2; 2003, No. 30, § 1.)
