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PA Bulletin, Doc. No. 00-994

NOTICES

Notice of Rule Change; Increases in Payment for Burial and/or Cremation and Maximum Amount of Excluded Contributions

[30 Pa.B. 2957]

   By this notice, the Department of Public Welfare (DPW) announces that effective July 3, 2000, the maximum payment for burial and/or cremation for eligible persons is raised to $750 ($600 for goods and services, $150 for interment). In accordance with 55 Pa. Code § 285.3(e), various contributions by any agency or person are excluded up to a total of $750 and will not reduce DPW's payment. The contributions are for items not included in the minimum standards for burial and/or cremation as set forth in § 285.3(c). Excluded contributions are identified in § 285.3(e).

   The Public Welfare Code (62 P. S. §§ 101--1503) gives DPW the authority to establish rules, regulations and standards as to eligibility for burial and cremation payments. The current DPW burial and/or cremation payment for deceased persons who were eligible for or receiving a money payment--Temporary Assistance for Needy Families, General Assistance, State Blind Pension or Supplemental Security Income--is decreased in an amount equal to the total non-excluded resources considered available to the deceased, including those that may be in the estate of or payable to the deceased, or contributed on behalf of the deceased towards the cost for the minimum standards for burial and/or cremation as set forth in § 285.3(c). Payments are made to a funeral director who is an enrolled provider when the regulations governing eligibility and the standards for a decent burial and/or cremation are met. Current maximum payments were adopted effective August 5, 1977, at 7 Pa.B. 2180. The payments set at that time did not reflect prevailing burial costs.

   In accordance with DPW's authority to establish standards for burial and/or cremation payments, and in keeping with a mandate to provide basic needs and services to indigent citizens, the maximum payments are hereby revised.

   Effective July 1, 2000, a deceased person of any age who received or was eligible to receive a money payment--Temporary Assistance for Needy Families, General Assistance, State Blind Pension or Supplemental Security Income--may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment. By this rule change, §§ 285.3(d) and (e) are revised to reflect the increase to the maximum payments for burial and/or cremation, elimination of the sliding payment scale based on the age of the deceased, and increase in the maximum amount of excluded contributions.

   This Rule Change has been reviewed and approved by the Office of General Counsel and the Office of Attorney General.

   This Rule Change is made under the Joint Committee on Documents Resolution 1998-1(2), 28 Pa.B. 2629 (June 6, 1998). This Rule Change will be in effect for 365 days pending adoption of final rulemaking by DPW.

   Public comments to this Rule Change may be made by writing to Edward Zogby, Director, Bureau of Policy, Office of Income Maintenance, Room 431, Health and Welfare Building, Harrisburg, PA 17105.

   Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (Voice users).

FEATHER O. HOUSTOUN,   
Secretary

   Fiscal Note:  14-NRC-77. (1) General Fund; (2) Implementing Year 1999-00 is $0.930 Million; (3) 1st Succeeding Year 2000-01 is $1.116 Million; 2nd Succeeding Year 2001-02 is $1.116 Million; 3rd Succeeding Year 2002-03 is $1.116 Million; 4th Succeeding Year 2003-04 is $1.116 Million; 5th Succeeding Year 2004-05 is $1.116 Million; (4) 1998-99 Program--$695.935 Million; 1997-98 Program--$662.740 Million; 1996-97 Program--$798.836 Million; (7) Medical Assistance--Outpatient; (8) recommends adoption. Funds are available to cover the cost of implementing these changes.

[Pa.B. Doc. No. 00-994. Filed for public inspection June 9, 2000, 9:00 a.m.]


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