2024 -- H 7669

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LC004935

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT

     Introduced By: Representatives Cardillo, Costantino, Noret, Perez, Azzinaro, Solomon,
Corvese, Phillips, and Rea

     Date Introduced: February 15, 2024

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-6-3.10 of the General Laws in Chapter 40-6 entitled "Public

Assistance Act" is hereby amended to read as follows:

     40-6-3.10. Funeral and burial expenses.

     (a) The department may provide for vendor payment of reasonable funeral and burial

expenses of deceased residents of this state who are found eligible in accordance with rules and

regulations of the department. The department shall, from time to time, establish cost standards for

the reasonable funeral and burial expenses, which cost standards shall establish the maximum

amount payable by this department for the expenses and the maximum, total allowable funeral and

burial costs. The amount payable under this section shall be determined with due regard to the

income and resources of the deceased and his or her legally-liable relatives, if any, and shall be

reduced dollar-for-dollar by contributions of friends or other kindred in excess of the maximum

total allowable funeral and burial costs established by the department.

     (b) Application for payment of funeral and burial expenses shall be made on behalf of a

decedent before final funeral arrangements with a funeral director are concluded. Provided, that

any legally liable relative and/or agent of the decedent may make an application under this section

within thirty (30) days after the death of the decedent.

     (c) In determining either eligibility for benefits and/or the amount of any reduction in

benefits paid under this section, the department shall exclude any of the following forms of income:

     (1) Veterans’ benefits; and/or

     (2) Social Security lump-sum benefits.

     (d) The department’s standard, basic-allowance payment shall be set at nine hundred

dollars ($900) one thousand five hundred dollars ($1,500).

     (e) The amount of the contribution that friends or other kindred, except for legally-liable

relatives, may make for upgraded services and merchandise, without affecting eligibility for the

basic allowance, shall be set at one thousand six hundred dollars ($1,600).

     (f) Whenever the person having custody of an unclaimed deceased body as specified in §

23-18.1-1 contacts the department of human services to report the unclaimed body of a deceased

person, the department shall deem this referral as an application of payment for funeral and burial

expenses, and the department shall process that application in accordance with the provisions of

this section.

     (g) In the event that the department determines that the unclaimed deceased body is not

eligible for a vendor payment of reasonable funeral and burial expenses because of the availability

of the decedent’s assets, the director of the department may nonetheless authorize the burial of the

person and he or she may notify the specified funeral home of the existence of the decedent’s assets.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES -- PUBLIC ASSISTANCE ACT

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     This act would increase the department's standard, burial allowance payment from nine

hundred dollars ($900) to one thousand five hundred dollars ($1,500).

     This act would take effect upon passage.

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LC004935

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