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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2534 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DEATH BENEFITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 205, Session Laws of Hawaii 2010, decreased death benefits for medical and financial assistance recipients to an amount equal to the Social Security Administration's one-time lump-sum death benefit. Act 205 has a sunset date of June 30, 2012, at which time the decrease in the death benefit will be repealed.
In the current economic climate of decreased state revenue and the unfortunate necessity of reducing medical assistance benefits, identifying areas to decrease expenditures with minimal impact on the public becomes increasingly important. The senate committee on ways and means stated in Senate Standing Committee Report No. 3033, 2010 Senate Journal, that "the State's economic difficulties threaten the provision of human services under many state programs. Your Committee finds that, despite budget cuts and realignments, it is important to maintain the level of services that are provided to the neediest populations in the State." Maintaining the decreased death benefit amount authorized in Act 205 will help preserve health care benefits for low-income adults and children.
Additionally, language in Act 205 appears to make the department of human services responsible for authorizing the disposition of unclaimed dead human bodies. Clarification is needed to ensure that the department pays for mortuary and crematory costs for unclaimed dead human bodies only after the determination that the dead human body is unclaimed has been approved.
The purpose of this Act is to:
(1) Make permanent the reduced death benefit under Act 205 in order to avoid the need for further reductions to necessary health care assistance; and
(2) Clarify that the department of human services is only responsible for the payment of crematory and mortuary services for unclaimed dead human bodies after a determination of the body's unclaimed status has been approved.
SECTION 2. Section 346-15, Hawaii Revised Statutes, is amended as follows:
1. By amending its title to read:
"§346-15 Death benefits for
deceased medical or financial assistance recipients and disposition of
unclaimed [corpses.] dead human bodies."
2. By amending subsection (b) to read:
"(b) All
unclaimed dead human bodies shall be cremated. The department may [authorize and]
bear the cost of the mortuary and crematory services for unclaimed [corpses]
dead human bodies furnished by any licensed provider of mortuary or
crematory services. Payments for mortuary and crematory services shall be made
to the extent of the cost, or in the sum of $800 in total, whichever is less,
for each unclaimed [corpse.] dead human body. Individuals who
have possession, charge, or control of any unclaimed dead human body to be
cremated at public expense shall within sixty days from the date of death,
submit in writing to the department the individual's determination that the dead
human body is unclaimed and an application for payment for cremation; provided
that the county medical examiners or coroners shall have no time limitation by
which to submit their written determination that the dead human body is unclaimed
and their application for payment for cremation.
The department shall review the application, including the written description of the efforts used in making the determination that a dead human body is unclaimed, and approve the application for purposes of payment of the mortuary and crematory services, if it meets the department's requirements."
3. By amending subsection (e) to read:
"(e) For the purposes of this section, ["unclaimed
corpse"] "unclaimed dead human body" means
the remains of any deceased person for whom no one has assumed responsibility
for disposition of the body [within five working days, excluding weekends,
from the date of death and about whom the department and the respective county
medical examiner or coroner have no actual knowledge of a legally responsible
party.] and no legally responsible individual has been identified."
SECTION 3. Act 205, Session Laws of Hawaii 2010, is amended by amending section 9 to read as follows:
"SECTION 9. This Act shall take effect on
July 1, 2010; provided that on June 30, 2012, parts
I and III of this Act shall be repealed and [sections 346-15 and] section
346-59.9, Hawaii Revised Statutes, shall be reenacted in the form in which [they]
it read on the day prior to the effective date of this Act; and
provided further that section 6 of this
Act shall take effect retroactive to May 1, 2010."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 29, 2012.
Report Title:
Death Benefits
Description:
Makes permanent the reduced death benefits for medical and financial assistance recipients, clarifies that the Department of Human Services may bear the cost for crematory and mortuary services for unclaimed dead human bodies only after approving the determination that a dead human body is unclaimed, and sets time limitations to submit a written determination that a dead human body is unclaimed and apply for crematory payment to the Department of Human Services. Effective June 29, 2012. (HB2534 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.