S-1258               _______________________________________________

                                                   SENATE BILL NO. 4126

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Bender, Goltz, Bottiger, Vognild, Bailey, Johnson and Warnke

Read first time 2/8/85 and referred to Committee on Human Services and Corrections.

AN ACT Relating to public assistance for funeral expenses; and amending RCW 74.08.120.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 74.08.120, chapter 26, Laws of 1959 as last amended by section 15, chapter 6, Laws of 1981 1st ex. sess. and RCW 74.08.120 are each amended to read as follows:

          The term "funeral" shall mean the proper preparation, transportation within the local service area defined by the department, and care of the remains of a deceased person with needed facilities and appropriate memorial services.  "Burial" includes necessary costs of a lot or cremation and all services related to interment and the customary memorial marking of a grave.

          The department is hereby authorized to assume responsibility for payment for the funeral and burial of deceased persons dying without assets sufficient to pay for the minimum standard funeral herein provided:  PROVIDED, HOWEVER, That the secretary may furnish funeral assistance for deceased recipients if they leave assets to a surviving spouse and/or to minor children and if the assets are resources permitted to be owned by or available to an eligible applicant or recipient under RCW 74.04.005, and the department shall thereby have a lien against said assets valid for six years from the date of filing with the county auditor and such lien claim shall have preference to all other claims except prior secured creditors.  If the assets remain exempt, or if no probate is commenced, the lien shall automatically terminate without further action six years after filing.  If the deceased person is survived by a spouse or is a minor child survived by his parent or parents, the department may take into consideration the assets of such surviving spouse, parent, or parents in determining whether or not the department will assume responsibility for the funeral.

          The department shall not pay more than cost for a minimum standard service rendered by each vendor.  Payments to the funeral director and to the cemetery or crematorium will be made by separate vouchers.  The standard of such services and the uniform amounts to be paid shall be determined by the department after giving due consideration to such advice and counsel as it shall obtain from the trade associations of the various vendors and related state departments, agencies, and commissions.  Payment made for any funeral or burial service by relatives, friends, or any other third party shall be subtracted from the payment made by the department.

Funeral and burial services performed not more than ten days prior to the date of application shall be retroactively certified and approved for payment on behalf of a person who was otherwise eligible at the time the services were provided:  PROVIDED, That eligible persons who fail to apply within the ten-day period for medical reasons or other good cause shall be retroactively certified and approved for payment.

All payments under this section shall be conditional upon the provider's agreement to accept the payment made by the department as full and complete satisfaction.