Effective Date - January 1, 2009

1801               Burial

Medical Assistance - W.S. 42-2-103; ARW, Chapt. 8, Burial Rules

A.    Application process:

1.    Require the deceased's authorized representative to complete a DFS 100 if assets cannot be identified through records available in the DFS-FO or SSA.

2.    Understand an administrative hearing will be granted if benefits are denied.

3.    Direct the request to the DFS-SO within ten days from the date of the denial of benefits.

B.    Eligibility factors:
Require the deceased individual to meet the following to receive burial assistance:

1.    A Wyoming resident; and

2.    Eligible for Medicaid; and

3.        Does not have sufficient assets to provide for burial or cremation.

                               4.    Recipients under the Prescription Drug Assistance, State

        Licensed Shelter Care, Specified Low Income

Beneficiaries and Kid Care B programs are not eligible for

 burial assistance.

.

C.   Income:

1.    Consider all income still available in the month of death to be part of the estate of the deceased and countable as a asset.

2.    DO NOT consider any spousal maintenance available to the deceased in the case of an institutionalized individual with a community spouse.

D.   Assets:
Determine if there are sufficient assets available to the deceased to provide for burial or cremation:

1.    Consider the following to be available assets:

a.    Whole or term life insurance policy;

b.    Burial contract;

c.    Burial fund;

d.    Nursing home personal needs account;

e.        Savings and checking account;

f.          Any asset, including funds from other governmental agencies, which are immediately available without lapse or delay at the time of death;

g.    Other assets.

2.    Exempt an amount up to or equal to $1,500 of the corpus of a Medicaid Qualifying Trust.

E.    Medicaid Qualifying Trust:

1.    DO NOT consider as available funds an amount up to or equal to $1,500 of a Medicaid Qualifying Trust:

a.    That is irrevocable; and

b.    The trustee and trustor retain no discretion with respect to distributions to the applicant; and

c.    The income from the trust shall be transferred to the applicant at least annually; and

d.    The trust corpus shall not exceed $5,000; and

e.    The trust corpus is specifically and irrevocably designated, assigned or pledged for payment of the applicant’s burial expenses.

2.    Inform the representative any of the trust corpus remaining after payment of burial expenses shall be transferred to the WDH to be used in the medical assistance program.

a.    Contact the DFS-SO if there is money remaining after burial expenses are paid;

b.    Understand DFS-SO will coordinate with the WDH to process the reimbursement.

F.    Payment process:

1.    Understand the mortician is required to:

a.    Submit a yearly itemized general price list, which shall include all costs for a burial or cremation;

b.    Submit an original itemized bill signed by the authorized representative of the deceased;

c.    Itemize cemetery costs separately from other burial or cremation costs.

2.    Understand DFS-SO will:

a.    Compare all costs to the general price list that is current and on file with DFS;

b.        Assure costs submitted are within the general price list.

3.    DO NOT make payment on cemetery costs relating to the opening and closing of the grave, burial plot, vault, columbarium, crypt, mausoleum, headstone and perpetual care;

4.    Deduct the immediately available assets of the deceased from the total bill before the payment amount is determined;

5.    Inform the authorized representative the bill must be received within one year from the date of service;

6.    Deny the bill under the following circumstances:

a.    The client has sufficient assets to pay for burial or cremation; or

b.    Cemetery charges are not itemized separately from other burial or cremation costs; or

c.    The bill is submitted over one year from the date of service.

7.    Act on the bill within 45 days of receipt.

G.   Benefit processing:

1.    Authorize up to $1000;

2.    Enter on WOLFS; and

3.    Submit the bill to the DFS-SO for payment.