HB4380 H H&HR AM #1

Roskovensky 3338

The House Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting clause and inserting the following:

“That § 9-5-9 and § 9-5-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§9-5-9. Liability of spouse or relatives for support.

(a) The relatives of an indigent person, who are of sufficient ability, shall be liable to support such person in the manner required by the Department of welfare and to pay the expenses of burial funeral services when he or she dies, in the following order:

(1) The spouse.

(1) (2) The children.

(2) (3) The father.

(3) (4) The brothers and sisters.

(4) (5) The mother.                 

(b) The commissioner department may proceed by motion in the circuit court of the county in which the indigent person may be, against one or more of the relatives liable.

(c) If a relative so liable does not reside in this state and has no estate or debts due him or her within the state by means of which the liability can be enforced against him or her, the other relatives shall be liable as provided by this section, but a relative shall may not be compelled to receive the indigent person in his or her own home.

(d) If it appears that a relative liable for the support of an indigent person is unable wholly to support him or her, but is able to contribute toward his or her support, the court may assess upon the relative the proportion which he or she shall be required to contribute either to the past expense incurred by the Department of welfare or to the future support. The court may assess the residue upon the relatives in the order of their liability.  Payment with interest and costs may be enforced by execution.

(e) For purposes of this section, “spouse” means the person to whom the decedent was legally married or not legally separated at the time of decedent’s death and who survived the decedent.

(f) The funeral liability of relatives of an indigent person shall be limited to the amount paid by the department pursuant to section eighteen.

§9-5-18. Funeral service expenses for indigent persons.

(a) The Department of Health and Human Resources shall pay no more than $1,000 for reasonable funeral service expenses for indigent persons. in an amount not to exceed $1,250

(b) For purposes of this section, the indigency of a deceased person and heirs or heirs-at-law 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.  This income determination may require the submission of financial information including the bank statements and the income tax information of the deceased person and heir or heirs-at-law as required by the department. The affidavit shall be:

(1) Signed by the heir or heirs-at-law which states and state that the estate of the deceased person is pecuniarily financially unable to pay the costs associated with a funeral services and that the sole or combined assets of the heir or heirs-at-law are not sufficient to pay for the funeral expenses of the deceased person; 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 financially 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 persons funeral service 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: Provided, That, under no circumstances may the department pay for more than two thousand indigent funeral services in any state fiscal year.

(d) For purposes of this section, reasonable “funeral service expenses” means expenses for cremation services provided by a funeral director for the disposition of human remains: Provided, That, no cremation may be made of the decedent if objectionable pursuant to decedent’s religion or otherwise prohibited by federal law, state law or regulation, in which case, alternate funeral service expenses shall be substituted.

(e)  For purposes of this section, “alternate funeral expenses” means expenses to provide indigent persons a burial including but not limited to funeral or burial costs provided by the indigent burial program.

(f) Any person who knowingly swears falsely in an affidavit required by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county or regional jail for a period of not more than six months, or both.