Current through all regulations passed and filed through September 16, 2024
(A)
This rule
describes the treatment of burial spaces for the purposes of determining
eligibility for medical assistance.
(B)
Definitions.
(1)
"Agreement," for the purpose of this rule, means a
contract with a burial provider for a burial space held for the individual or a
member of the individual's immediate family.
(2)
"Burial space,"
means a burial plot, gravesite, crypt, mausoleum, casket, urn, niche, or other
repository customarily and traditionally used for the deceased's bodily
remains. The term also includes a contract for care and maintenance of the
gravesite, sometimes referred to as an endowment or perpetual care and
necessary and reasonable improvements or additions to such spaces, including
but not limited to vaults, headstones, markers, or plaques, burial containers
(e.g., for caskets) and arrangements for the opening and closing of the
gravesite.
(3)
"Immediate family" includes the individual's:
(a)
Parents,
including adoptive parents;
(b)
Minor or adult
children, including adoptive and stepchildren;
(c)
Siblings,
including adoptive and stepsiblings; or
(d)
Spouses of
immediate family if the marriage is in effect at the time of determination or
renewal of eligibility for medical assistance.
(C)
A
burial space or burial space contract, described in rule 5160:1-3-05.6 of the
Administrative Code which represents the purchase of a burial space held for
the burial of the individual, the individual's spouse, or any other member of
the individual's immediate family is an excluded resource, regardless of
value.
(D)
A burial space is held for an individual when someone
currently has:
(1)
Title to and/or possesses a burial space intended for
the individual's use (e.g., has title to a burial plot or owns a burial urn
stored for his own use); or
(2)
A contract with a
funeral service company for specified burial spaces for the individual's burial
(i.e., an agreement which represents the individual's current right to the use
of the items at the amount shown).
(E)
Until the
purchase price is paid in full, a burial space is not held for an individual
under an installment sales contract or similar device and the installment
payments shall be considered burial funds in accordance with rule 5160:1-3-05.6
of the Administrative Code.
(F)
Administrative
agency responsibilities. The administrative agency shall:
(1)
Determine whether
the burial space is held for the individual or member of the individual's
immediate family if the agreement shows the purchase of a specified burial
space at a specified price.
(2)
Of items that
serve the same purpose, exclude only one per person. For example, exclude a
cemetery lot and a casket for the same person, but not a casket and an
urn.
(3)
If the agreement calls for installment payments,
determine whether the value of the burial space must be treated as burial funds
in accordance with rule 5160:1-3-05.6 of the Administrative Code.
Replaces: 5160:1-3- 05.7
