H. B. 4065
(By Delegates Perry, Pino, Staggers,
Schadler and Stalnaker)
[Introduced January 17, 2008; referred to the
Committee on Finance.]
A BILL to amend and reenact §9-5-18 of the Code of West Virginia,
1931, as amended, relating to funeral expenses for indigent
persons; and authorizing cremation.
Be it enacted by the Legislature of West Virginia:
That §9-5-18 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-18. Funeral and cremation expenses for indigent persons;
filing of affidavits to certify indigency and notice
to next of kin; penalties for false swearing; payment
by division.
(a) The Department of Health and Human Resources shall pay for
reasonable funeral service expenses for indigent persons, in an
amount not to exceed one thousand two hundred fifty dollars.
(b) For purposes of this section, the indigency of a deceased
person is determined by the filing of an affidavit with the
department, in a form provided by and determined in accordance with
the income guidelines as set forth by the department: (1) Signed by the heir or heirs-at-law which states that the estate of the
deceased person is pecuniarily unable to pay the costs associated
with a funeral; or (2) signed by the county coroner or the county
health officer, the attending physician or other person signing the
death certificate or the state medical examiner stating that the
deceased person has no heirs or that heirs have not been located
after a reasonable search and that the deceased person had no
estate or the estate is pecuniarily unable to pay the costs
associated with a funeral.
(c) Payment shall be made by the department to the person or
persons who have furnished the services and supplies for the
indigent person's funeral expenses or to the persons who have
advanced payment for same, as the department may determine,
pursuant to appropriations for expenditures made by the Legislature
for such purpose.
(d) For purposes of this section, "reasonable funeral service
expenses" means expenses for services provided by a funeral
director for the disposition of human remains.
(e) A funeral director providing for the disposition of human
remains under the provisions of this section is permitted to decide
the type of services that will be rendered for the amount paid by
the department, including cremation. If the funeral director
elects to provide for the disposition of the human remains by
cremation, a reasonable effort must be made by the funeral director
to give notice to the next of kin, if any are known. If the next
of kin object to the cremation, the funeral director may proceed with the cremation only if the next of kin are unwilling or unable
to pay the difference between the cost of cremation and the cost of
the type of service the next of kin desire.
The funeral director shall execute an affidavit setting forth
the efforts made to notify the next of kin the intent to cremate
the remains of an individual. In no event may a cremation take
place sooner than twenty-four hours after the funeral director
receives the body.
(e) (f) Any person who knowingly swears falsely in an
affidavit required by this section
shall be is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than one thousand dollars or confined in
the county or regional
jail for a period of not more than six months, or both
fined and
confined.
NOTE: The purpose of this bill is to authorize cremation of
indigent persons by funeral directors and the payment of this
service by the Department of Health and Human Resources.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.