SENATE DOCKET, NO. 812 FILED ON: 1/13/2009
SENATE . . . . . . . . . . . . . . No. 48
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Thomas P. Kennedy
_______________
To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to deceased poor and indigent persons.
__________
_____
PETITION OF:
|
Name:
|
District/Address:
|
|
Thomas P. Kennedy
|
Second Plymouth and Bristol
|
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to deceased poor and indigent persons.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
Chapter 117A of the General Laws is hereby
amended
by striking out section 9 and inserting in place thereof the
f
ollowing section
:—
Section 9. The department shall provide for the decent final dis
position of all deceased persons who are at the time of death recipients
of aid or assistance under th
is chapter, all deceased persons
who, although without means of support at the time of death, did not
apply for such aid or assistance; and all unknown persons found
dead. The expense thereof may be recovered of their kindred, if any,
chargeable by
law for their support in the manner provided in this
chapter; and if the expense of their funeral and final disposition is
not paid by such kindred, an amount not exceeding $1,100 shall be
paid by the commonwealth to the funeral establishment; provi
ded
further, that the commonwealth shall have the right of reimburse
ment from whatever resources may exis
t in the estate of said person.
SECTION 2.
Said chapter 117A is hereby further amended by
striking
out section 10 and inserting in place thereof the following
section
:—
Section 10. In case of the decease of a poor and indigent person
the commonwealth shall pay toward the expense of the funeral and
final disposition of such person a sum not exc
eeding eleven hundred
dollars to the funeral establishment; provided, however, that the
commonwealth shall have the right of reimbursement from whatever
resources may exist in the estate of said person.
SECTION 3.
Section 2 of chapter 118 of the G
eneral Laws, as
appearing in the 2004 Official Edition, is hereby amended by
striking out the third paragraph and inserting place thereof the
following paragraph
:—
“The department may pay a sum not exceeding $1,100 toward the
funeral and final di
sposition of a recipient to the funeral establish
ment provided that there are insufficient resources to pay for the cost
of such funeral and final disposition. The commonwealth shall have
the
right of reimbursement from whatever resources may exist in the
estate of the recipient.”
SECTION 4.
Chapter 118A of the General Laws is hereby
amended by striking out section 7 and inserting in place thereof the
following section
:—
Section 7.
The department shall provide to aged and disabled resi
dents of the commonwealth under this chapter a program of social
services as enumerated under section 2 of chapter 18. In addition to
the other benefits authorized by this chapter, the department
may
provide to such recipients grants of assistance in cases of fire, flood,
or other disaster. The department may pay a sum not exceeding
$1,100 toward the funeral and final disposition of a recipient to a
funeral establishment provided that there
are insufficient resources
to pay for the cost of such funeral and interment. The common
wealth shall have the right of reimbursement from whatever
resources may exist in the estate of the recipient.
SECTION 5.
Section 23 of chapter 119 of the Gen
eral Laws, as
appearing in the 2004 Official Edition is hereby amended by striking
out the fifteenth paragraph and inserting in place thereof the
following paragraph:—
“H. The department may pay a sum not exceeding $1,100 the
funeral
and final disposition of a child in its care to a funeral estab
lishment provided that there are insufficient resources to pay for the
cost of such funeral and final disposition. The commonwealth shall
have the right of reimbursement from whatever re
sources may exist
in the estate of the child.”
