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SUBSTITUTE
HOUSE BILL 2874
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 02/07/92. Modifying the department of social and health services
financial responsibility for funeral expenses of eligible persons.
AN ACT
Relating to funeral expenses of a deceased person; amending RCW 68.50.160 and
74.08.120; and adding a new section to chapter 74.08 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
68.50.160 and 1943 c 247 s 29 are each amended to read as follows:
The
right to control the disposition of the remains of a deceased person, unless
other directions have been given by the decedent, vests in, and the duty of ((interment))
disposition and the liability for the reasonable cost of ((interment))
preparation, care, and disposition of such remains devolves upon the
following in the order named:
(1)
The surviving spouse.
(2)
The surviving children of the decedent.
(3)
The surviving parents of the decedent.
The
liability for the reasonable cost of ((interment)) preparation, care,
and disposition devolves jointly and severally upon all kin of the decedent
hereinbefore mentioned in the same degree of kindred and upon the estate of the
decedent.
Sec.
2. RCW
74.08.120 and 1987 c 75 s 39 are each amended to read as follows:
The
term "funeral" shall mean the mortuary services needed for the
proper preparation, ((transportation within the local service area defined
by the department,)) preservation, and care of the remains of a
deceased person with needed facilities and appropriate memorial services. "Transportation"
shall mean transport of a body from place of death to mortuary and
transportation to place of disposition, within the service area defined by the
department. (("Burial")) "Disposition"
includes necessary costs of a ((lot)) burial and cemetery plot or
cremation and disposition site, and all services related to interment
and the ((customary)) minimal memorial marking of a grave.
The
department is hereby authorized to assume responsibility for payment for the
funeral, transportation, and ((burial)) disposition of
deceased persons dying without assets sufficient to pay for the minimum
standard ((funeral)) services 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 as provided in RCW 43.20B.120. 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, or disposition costs.
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, transportation,
or burial service by relatives, friends, or any other third party above a
donation level established by the department shall be subtracted from the
payment made by the department.
NEW
SECTION. Sec. 3. A new
section is added to chapter 74.08 RCW to read as follows:
If the
deceased person is an adult and is survived by a parent or parents, or
children, the department may take into consideration the assets of such parent,
parents, or children in determining whether or not the department will assume
responsibility for the funeral, transportation, or disposition costs.
