Indiana Administrative Code
Title 405 - OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES
Article 2 - MEDICAID MEMBERS; ELIGIBILITY
Rule 4 - Burial Expenses
Section 4-2 - Purchase of burial spaces

Universal Citation: 405 IN Admin Code 4-2

Current through March 20, 2024

Authority: IC 12-15-1-10; IC 12-15-1-15; IC 12-15-21-2

Affected: IC 12-13-7-3; IC 12-15

Sec. 2.

(a) The following definitions apply throughout this section:

(1) "Burial expenses" means the following additional expenses associated with purchasing an applicable burial space:
(A) The transfer of the deceased.

(B) The use of a hearse during a ceremony.

(C) The purchase of death certificates.

(2) "Burial spaces" means burial plots, gravesites, crypts, mausoleums, urns, niches, caskets and other customary and traditional repositories for the deceased's bodily remains, provided such spaces are owned by the individual or are held for his or her use. Additionally, the term includes necessary and reasonable improvements or additions to or upon such burial spaces including, but not limited to, vaults, headstones, markers, plaques, or burial containers and arrangements for opening and closing the gravesite for burial of the deceased.

(3) "Immediate family" means an individual's minor and adult children, including adopted children and step-children, and an individual's brothers, sisters, parents, adoptive parents, and the spouses of those individuals. Neither dependency nor living in the same household will be a factor in determining whether a person is an immediate family member.

(b) Pursuant to 20 CFR 416.1231, the purchase of a burial space and burial expenses for the member, the member's spouse, or the member's immediate family members shall be deemed an exempt resource.

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