17-1745

us-hi-regs-official-f34301f633ecab33ab90b505a1c2d201a9f8cd9dc49687f4e18da400a0cc92be17-1745Regulation

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HAWAII ADMINISTRATIVE RULES
TITLE 17
DEPARTMENT OF HUMAN SERVICES
SUBTITLE 12
MED-QUEST DIVISION
CHAPTER 1745
FUNERAL PAYMENTS PROGRAM
Subchapter 1 	Eligibility and Procedural
Provisions
§17-1745-1 	Purpose
§17-1745-2 	Definitions
§17-1745-3 	Eligibility for the funeral
payments program
§17-1745-4 	Application for the funeral
payments program
§17-1745-5 	Determination of eligibility
§17-1745-6 	Notification of kin
§§17-1745-7 to 17-1745-11 	(Reserved)
Subchapter 2 	Scope and Content
§17-1745-12 	Services covered by the funeral payments
program
§17-1745-13 	Services not covered by the funeral
payments program
§17-1745-14 	Choice of services
§§17-1745-15 to 17-1745-19 	(Reserved)
Subchapter 3 	Reimbursements
§17-1745-20 	Amount and method of payment
§17-1745-21 	Reimbursement procedures
Historical Note: 	This chapter is based substantially
upon chapter 17-1398. [Eff 6/29/92; am 11/12/92;
R 	08/01/94 	]
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SUBCHAPTER 1
ELIGIBILITY AND PROCEDURAL PROVISIONS
§17-1745-1 	Purpose. 	The purpose of this chapter
shall be to establish rules to determine eligibility
for the State funded death payments program for medical
and financial assistance recipients ineligible for the
Social Security Administration’s one-time lump-sum
death benefit and for unclaimed bodies, and to set
forth the conditions of payments through the death
payments program. 	[Eff 	08/01/94; am 08/19/11 	]
(Auth: 	HRS §346-15) 	(Imp: 	HRS §346-15)
§17-1745-2 	REPEALED. 	[R 09/30/13]
§17-1745-3 	Eligibility for the death payments
program. 	Eligibility for the death payments program
shall be limited to:
(1) 	Medical or financial assistance recipients
who were residents of the State at the time
of death; or
(2) 	Unclaimed bodies. 	[Eff 	08/01/94;
am 10/26/01; am 08/19/11 	] 	(Auth: 	HRS
§346-15) 	(Imp: 	HRS §346-15)
§17-1745-4 	Application for the death payments
program. 	(a) 	The death payments program application
shall include an application form designated by the
department and the death confirmation document
specified in section 17-1745-5(a)(2). 	Both documents
may be submitted by any person on behalf of a deceased
medical or financial assistance recipient or for an
unclaimed body.
(b) 	The death payments program application shall
be:
(1) 	Denied if not submitted within sixty days
from the date of death. 	This subsection
shall not apply to the applications submitted
by the respective county medical examiner or
coroner on behalf of unclaimed bodies.
(2) 	Processed and eligibility determined within
forty-eight hours or two working days,
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whichever is greater, following the receipt
of the application and the death confirmation
document.
(3) 	Processed and eligibility determined
immediately if immediate cremation has been
ordered by the medical examiner or coroner.
[Eff 	08/01/94; am 10/26/01; am 8/19/11 	]
(Auth: 	HRS §346-15) 	(Imp: 	HRS §346-15)
§17-1745-5 	Determination of eligibility. 	(a)
Deceased medical or financial assistance recipients
shall be eligible for the death payments program if:
(1) 	The deceased, at the time of death, is
ineligible for the Social Security
Administration’s one-time lump-sum death
benefit; and
(2) 	A certified death certificate or death
confirmation, from agencies with authority to
confirm the death, acceptable to the
department is received within sixty calendar
days from the date of death.
(b) 	The provisions of subsection (a) shall not
apply to unclaimed bodies.
(c) 	Eligibility shall be denied if full funeral
benefits are available to the deceased from other
sources including, but not limited to, pre-paid funeral
or burial plans, insurance plans, associations, and
clubs. 	[Eff 08/01/94; am 10/26/01; am 08/19/11 	]
(Auth: 	HRS §346-15) 	(Imp: 	HRS §346-15)
§17-1745-6 	REPEALED. 	[Eff 	08/01/94; R 08/19/11 	]
§§17-1745-7 to 17-1745-11 	(Reserved).
SUBCHAPTER 2
SCOPE AND CONTENT
§17-1745-12 	Services covered by the death
payments program for unclaimed bodies. 	Payments
provided by the death payments program shall be
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available only within the State. 	Payment for services
shall include:
(1) 	Mortuary services which shall include:
(A) 	Removal or transfer of the body to a
mortuary;
(B) 	Death certificate and other necessary
papers; and
(C) 	Professional services.
(2) 	Crematory services which shall include the:
(A) 	Cremation;
(B) 	Cremation container; and
(C) 	Urn.
[Eff 	08/01/94; am 10/26/01;
am 08/19/11 	] 	(Auth: 	HRS §346-15)
(Imp: 	HRS §346-15)
§17-1745-13 	REPEALED. 	[Eff 08/01/94; R 08/19/11 	]
§17-1745-14 	Payments for unclaimed bodies. 	The
eligibility worker shall authorize payments to the
mortuary, or crematorium, or both, for unclaimed
bodies. 	Authorization for payments does not constitute
authorization for cremation or burial. [Eff 08/01/94;
am 10/26/01; am 08/19/11 	] 	(Auth: 	HRS §346-15)
(Imp: 	HRS §346-15)
§§17-1745-15 to 17-1745-19 	(Reserved).
SUBCHAPTER 3
REIMBURSEMENTS
§17-1745-20 	Amount and method of payment. 	(a) 	A
lump-sum death benefit in an amount equal to the Social
Security Administration’s one-time lump-sum death
benefit for the year in which the medical and financial
assistance recipient died, shall be made to the person
who submitted the death payments program application.
(b) 	Payments to the mortuary, or crematorium, or
both, for unclaimed bodies shall be:
(1) 	By vendor payment to any licensed provider of
mortuary or crematory services;
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(2) 	Made to the extent of the cost, or in the sum
of $800 in total, whichever is less, for each
unclaimed body; and
(2) 	Made by the department with an itemized bill
showing the specific services rendered by the
provider. 	[Eff 08/01/94; am 10/26/01;
am 08/19/11 	] 	(Auth: 	HRS §346-15)
(Imp: 	HRS §346-15)
§17-1745-21 	Reimbursement procedures. 	(a) 	The
department shall file a small estate claim for the
death payments program expenses paid by the department
if: (1) 	The estate of the deceased exceeds $50; and
(2) 	There is no surviving spouse, child, father,
mother, grandfather, grandmother, grandchild,
stepfather, stepmother, or any designated
heir.
(b) 	The eligibility worker shall initiate a claim
for Veteran's Administration (VA) death benefits
whenever possible. 	These benefits shall be applied
toward reducing the department's death payments program
expenses. 	[Eff 08/01/94; am 10/26/01; am 08/19/11 	]
(Auth: 	HRS §346-15) 	(Imp: 	HRS §§346-15, 346-37,
560:3-1201)
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