049-8 Wyo. Code R. §§ 8-3 - Definitions

(a) "Burial" includes those mortician's services required to dispose of the remains of a deceased person in accordance with state law. Services may include but are not limited to: removal of the deceased from place of death to a mortuary, minimum services of staff, professional embalming when required, other preparation of the body (dressing and casketing), graveside committal service if requested, minimum casket and hearse to the cemetery. Financial assistance shall NOT be provided when a burial includes cash advances or funeral services.

(b) "Burial Fund" is a bank account, life insurance policy, or written agreement with a funeral home which is specifically designated for burial of a specified person and not commingled with funds not set aside for burial.

(c) "Cash Advances" are fronted monies customarily provided by the funeral director which include, but are not limited to, certified copies of the death certificate, cemetery costs, ministerial gratuities, musicians and hairdressers. These items may NOT be included in a minimum burial/cremation or the Minimum Burial Cost.

(d) "Cemetery Costs" are charges relating to, but not limited to, the opening and closing of the grave, plot, vault, columbarium, crypt, mausoleum, headstone, and perpetual care. These items may NOT be included in a minimum burial/cremation or the Minimum Burial Cost.

(e) "Cremation" includes those mortician's services required to dispose of the remains of a deceased person in accordance with state law. Services may include but are not limited to: removal of the deceased from place of death to a mortuary, minimum services of staff, professional embalming when required, minimum cremation container, transportation to crematory, cost of cremation, return of ashes to next of kin and graveside service for internment of ashes if requested. Financial assistance shall NOT be provided when a cremation includes cash advances or funeral services.

(f) "Financial Assistance" is the benefit provided to recipients of the Burial Program in accordance with the limitations provided in regulation and policy. The benefit shall not exceed the maximum amount allowed by statute.

(g) "Funeral Services" include but are not limited to: visitation, church/chapel services, limousine, memorial books, folders and other printed goods. These items may NOT be included in a minimum burial/cremation or the Minimum Burial Cost.

(h) "MBC" is an acronym for Minimum Burial Cost.

(i) "Medicaid Eligible" includes individuals who receive benefits under the AFDC, SSI, IV-E, State Foster Care, State Subsidized Adoption, and Home/Institutional/Community Medical Assistance Programs. The term also includes persons who are authorized for Medicaid benefits. Individuals who receive benefits under the Minimum Medical Program, State Licensed Shelter Care, State Hospital Placement, Qualified Medicare Beneficiaries and/or Special Low-Income Medicare Beneficiaries are NOT considered to be Medicaid eligible.

(j) "Medicaid Qualifying Trust" refers to a trust or similar legal device established by the applicant/recipient (or someone acting on his/her behalf), using his/her own property, under which:

(i) the applicant/recipient is a beneficiary of all or part of the payments from the trust, and

(ii) the amount of such distribution is determined by one or more trustees who are permitted to exercise any discretion with respect to the amount to be distributed to the individual. Medicaid Qualifying Trusts include trusts that are irrevocable or revocable. A trust established by will, however, CANNOT be considered to be a Medicaid Qualifying Trust.

(k) "Minimum Burial/Cremation" includes those mortician's services required to dispose of the remains of a deceased person in accordance with state law. See also "Burial" and "Cremation."

(l) "Minimum Burial Cost" is the minimum cost for a mortician's services to dispose of the remains of a deceased person in accordance with state law. The MBC may NOT include cash advances or funeral services.

(m) "Minimum Services of Staff" means the minimum overhead a mortuary charges. This cost is listed on the current General Price List supplied by the mortuary.

(n) "Representative" is a person acting on behalf of another person.

(o) "Resources" include, but are not limited to, income still available in the month of death, whole or term life insurance policies, burial contracts, funds set aside for burial, nursing home personal needs accounts, savings and checking accounts and other liquid assets which are immediately available at the time of death.

(p) "Resident" is a person who lived in Wyoming or was authorized for Medicaid benefits from Wyoming Medicaid while living.

Notes

049-8 Wyo. Code R. §§ 8-3