C.R.S. Section 26-2-129
Funeral

  • final disposition expenses
  • death reimbursement
  • definitions
  • rules

(1)

The general assembly hereby finds and declares that, subject to available appropriations, the purposes of this section are the following:

(a)

To provide appropriate and equitable reimbursement of funeral, cremation, burial, or natural reduction expenses or any combination of expenses associated with the final disposition of any deceased public assistance or medical assistance recipient;

(b)

To consider the religious and cultural preferences of the decedent and the decedent’s family;

(c)

To assure that final disposition of a decedent is provided with dignity;

(d)

To ensure that reimbursement of a provider of funeral or final disposition services is appropriately disbursed by the county department;

(e)

To provide that public funds are made available for reimbursement pursuant to this section only after it has been determined that there are insufficient resources from the estate of the decedent or the decedent’s legally responsible family members to cover the funeral or final disposition expenses;

(f)

To allow family members and friends of a decedent to contribute toward the charges of funeral or final disposition expenses to the extent the contributions do not exceed the specified maximum combined charges for the expenses.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Contributions” means any monetary payment or donation made directly to the service provider or providers by a nonresponsible person to defray the expenses of a deceased public assistance or medical assistance recipient’s funeral or final disposition.

(b)

“Death reimbursement” means the payment made by the county department to the provider of funeral or final disposition services when adequate resources are not available from legally responsible persons or from the personal resources or income of the decedent or from contributions to cover the charges for funeral or final disposition expenses of a deceased public assistance or medical assistance recipient.

(c)

“Decedent” means a deceased recipient of public assistance or medical assistance who was receiving benefits at the time of death.

(d)

“Final resting place” means a space, either below or above the surface of the ground, for the interment or entombment of the remains of human bodies.

(e)

“Legally responsible person” means a person who:

(I)

Is the decedent’s spouse or the decedent’s parent if the decedent is an unemancipated minor who is under the age of eighteen; and

(II)

Bears legal responsibility for the charges associated with the decedent’s funeral or final disposition expenses.

(f)

“Maximum combined charges” means the total of all charges from all providers but in an amount not to exceed two thousand five hundred dollars.

(f.5)

“Medical assistance” means a payment on behalf of eligible recipients who are enrolled in the Colorado medical assistance program established in articles 4, 5, and 6 of title 25.5, which is funded through Title XIX of the federal “Social Security Act”, 42 U.S.C. sec. 1396u-1.

(g)

“Mortuary science practitioner” means one engaged in, or holding himself or herself out as being engaged in or conducting, embalming or final disposition of dead human bodies.

(h)

“Nonresponsible person” means one of the following who makes a contribution to the charges for a funeral or final disposition or any combination of these charges:

(I)

A relative of the decedent who is not a legally responsible person; or

(II)

Any other person or party.
(i)
“Public assistance” means payments to eligible recipients of the programs for old age pensions created in article XXIV of the state constitution, except for the old age pension health and medical care program described in section 25.5-2-101; the Colorado works program created in part 7 of this article 2; the aid to the needy disabled program created in section 26-2-119; the program for aid to the blind created in section 26-2-120; and the home care allowance program created in section 26-2-122.3.

(3)

Subject to available appropriations, a death reimbursement covering reasonable funeral expenses or reasonable final disposition expenses or any combination of these expenses shall be paid by the county department for a decedent if the estate of the deceased is insufficient to pay the reasonable expenses and if the persons legally responsible for the support of the deceased are unable to pay the reasonable expenses. The county department shall be reimbursed eighty percent of the amount of the death reimbursement paid for recipients of aid to the needy disabled and assistance under the Colorado works program pursuant to part 7 of this article 2 and shall be reimbursed one hundred percent of the amount of the death reimbursement for recipients of old age pensions. If the state department determines that the level of appropriation is insufficient to meet the demand for death reimbursements, the state department shall reduce the amount of the death reimbursement level to meet the amount appropriated by the general assembly for death reimbursements. In the event that a reduction is made, the county department has no additional responsibility beyond the reimbursement level as defined in the state department’s rules.

(4)

The total amount of a death reimbursement paid by the county department or state department pursuant to this section must not exceed one thousand five hundred dollars and the combined charge of a funeral or final disposition or any combination of these expenses must not exceed two thousand five hundred dollars. Contributions from nonresponsible persons may be made without jeopardizing payment under this section and shall be counted as an offset to the maximum combined charges of the providers. If the combined charges from the providers exceed two thousand five hundred dollars, no death reimbursement shall be paid by the state or county department. Providers may seek contributions from nonresponsible persons only to the extent that money is available from such parties.

(5)

A legally responsible person shall be required to participate financially towards the charges for final disposition through a contribution to the maximum death reimbursement if his or her resources are above the federal supplemental security income resource limits. A legally responsible person shall not be required to participate if he or she has fewer resources than the supplemental security income resource limits or if participation would result in fewer resources than the supplemental security income resource limits. Any financial participation from a legally responsible person shall be deducted from the maximum death reimbursement in the same manner as the personal resources of the decedent and shall not include the survivor’s home or other excluded resources as provided for in the state department’s rules. Any financial participation by a legally responsible person in excess of the legally required amount shall be used to reduce the amount of the maximum death reimbursement. Social security lump-sum death benefits payable to a legally responsible person shall not be an automatic deduction from the maximum death reimbursement. For purposes of this section, “resources” means:

(a)

Those assets or income that are accessible and available to the legally responsible person;

(b)

Disbursement of funds from any insurance policy of the decedent to a legally responsible person or nonresponsible person who is named as a beneficiary or a joint beneficiary of the decedent’s policy. Nothing in this paragraph (b) shall grant authority to the county department to attach a lien against such funds or otherwise obtain or access these funds for payment of the final disposition of the decedent.

(6)

In calculating the amount of the death reimbursement, any personal resources or income of the decedent is counted as a deduction from the maximum allowable death reimbursement. For purposes of this section, personal resources or income of the decedent includes the following:

(a)

Any preneed contract for merchandise or services to be provided or performed in connection with the decedent’s final disposition;

(b)

Any other resources or income accessible and available in the name of the decedent, including jointly owned resources or income but only to the extent of the decedent’s share of such jointly owned resources or income;

(c)

Any death benefit in which reimbursement is directly paid to a provider of funeral or final disposition services for the decedent.

(7)

Intentionally left blank —Ed.

(a)

Ownership by a public assistance or medical assistance recipient of a final resting place, or the purchase thereof during the time the recipient is receiving that assistance, shall not disqualify the recipient from receiving that assistance, nor shall such ownership be deemed cause for any reduction in the amount of the recipient’s assistance.

(b)

Any portion of the purchase price of a final resting place owned by the decedent in excess of two thousand dollars shall be counted as a personal resource of the decedent in calculating the amount of a death reimbursement pursuant to this section.

(c)

A final resting place previously acquired by someone other than the decedent and donated for final disposition of that decedent shall not be counted as a personal resource of the decedent or a legally responsible person in calculating the amount of a death reimbursement pursuant to this section.

(8)

A statement of agreement between the providers that shall be on a form prescribed by the state department that sets forth the charges and the amounts of any payments or contributions shall be completed prior to any disbursement of funds by the county. The agreement shall assure that the charges of all providers have been equitably addressed and shall ascertain that the maximum combined charges do not exceed two thousand five hundred dollars and that the combined contributions from all sources do not exceed two thousand five hundred dollars. All payments from a decedent’s estate, payments from legally responsible persons, and contributions from nonresponsible persons shall be paid directly to the provider of services. After the provision of all services, the providers shall bill the county department directly for reimbursement for appropriate costs that have not been covered by the resources from or contributions made by the decedent’s estate, legally responsible persons, or nonresponsible persons. The county department shall reimburse the appropriate providers directly, based upon the statement of agreement.

(9)

Intentionally left blank —Ed.

(a)

Notwithstanding any other provision of law to the contrary, the disposition of a deceased public assistance or medical assistance recipient must be in accordance with subsection (9)(a)(I) or (9)(a)(II) of this section, as follows:

(I)

A public assistance or medical assistance recipient may express, in writing and in accordance with a procedure established by the state department, a preference to be buried, cremated, or naturally reduced, or any combination of these practices. The expression shall be honored by the county department within the limits of costs and reimbursements specified in this section.

(II)

The disposition of a public assistance or medical assistance recipient who has not expressed a preference shall be determined respectively by the recipient’s spouse, adult children, parents, or siblings. Upon the death of a recipient, the county department shall use reasonable effort to contact such an authorized person to determine the disposition of the deceased recipient. If the effort does not result in contact with an authorized relative within twenty-four hours, the county shall immediately have the deceased recipient’s body refrigerated or embalmed. If the effort does not result in contact with and decision by an authorized relative within seven days of the recipient’s death, the county department shall determine whether to bury, cremate, or naturally reduce the deceased recipient on the basis of which option is less costly.

(b)

The disposition of any public assistance or medical assistance recipient in accordance with this subsection (9) shall be in a timely and dignified manner.

(c)

A mortuary science practitioner or any operator of any cemetery who has contracted for cremation services pursuant to this subsection (9) may dispose of the remains of any public assistance or medical assistance recipient cremated pursuant to this section that are not claimed within one hundred twenty days from the date of cremation. For the purposes of this paragraph (c), disposal of remains shall include, but need not be limited to, placing such remains in a cemetery, scattering grounds, or columbarium.

(10)

The state department shall:

(a)

Adopt rules and regulations necessary for the implementation of this section; and
(b)(Deleted by amendment, L. 96, p. 1114, § 1, effective August 7, 1996.)(c) Annually review reimbursement levels to determine whether the levels are adequate to purchase funeral, cremation, burial, or natural reduction services for deceased public assistance or medical assistance recipients.

(11)

Notwithstanding any other provision of law to the contrary, any person who, in good faith, disposes of a deceased recipient or the remains of a deceased recipient in accordance with this section shall be immune from any civil or criminal liability.

Source: Section 26-2-129 — Funeral - final disposition expenses - death reimbursement - definitions - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

26‑2‑101
Short title
26‑2‑102
Legislative declaration
26‑2‑102.5
Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules
26‑2‑103
Definitions
26‑2‑104
Public assistance programs - electronic benefits transfer service - joint reports with department of revenue - signs - rules
26‑2‑105
Federal requirements
26‑2‑106
Applications for public assistance
26‑2‑107
Verification - record
26‑2‑108
Granting of assistance payments and social services - rules
26‑2‑109
Right to own certain property
26‑2‑110
Repayment not required
26‑2‑111
Eligibility for public assistance - rules - repeal
26‑2‑111.5
Access to supplemental security income program benefits for old age pension applicants and recipients
26‑2‑111.6
Old age pension work incentive program
26‑2‑111.8
Eligibility of noncitizens for public assistance
26‑2‑112
Old age pensions for inmates of public institutions
26‑2‑113
Funds for old age pensions
26‑2‑114
Amount of assistance payments - old age pension
26‑2‑115
State old age pension fund - priority
26‑2‑116
Old age pension stabilization fund
26‑2‑119
Amount of assistance payments - aid to the needy disabled - rules
26‑2‑119.7
Federal disability benefits - application assistance - fund - rules - report - legislative declaration
26‑2‑120
Amount of assistance payments - aid to the blind
26‑2‑121
Expenses of treatment to prevent blindness or restore eyesight
26‑2‑122
Public assistance in the form of social services
26‑2‑122.3
Home care allowance - repeal
26‑2‑122.5
Acceptance of available money to finance the low-income energy assistance program
26‑2‑123
Removal to another county
26‑2‑124
Reconsideration and changes
26‑2‑125
Colorado works cases - vendor payments
26‑2‑127
Appeals
26‑2‑128
Recovery from recipient - estate
26‑2‑129
Funeral - final disposition expenses - death reimbursement - definitions - rules
26‑2‑131
Public assistance not assignable
26‑2‑132
Limitation
26‑2‑133
State income tax refund offset - rules
26‑2‑134
Checks, drafts, or orders for payment of moneys for public assistance - identification of bearer
26‑2‑135
Medically correctable program - fund established - rules
26‑2‑137
Noncitizens programs
26‑2‑138
Refugee services program - state plan - rules - definitions - repeal
26‑2‑139
Food pantry assistance grant program - created - timeline and criteria - grants - definitions - repeal
26‑2‑140
Colorado diaper distribution program - diapering essentials - report - rules - definitions
26‑2‑141
High-quality work management system - implementation - funding - repeal
26‑2‑142
Colorado teen parent driver’s license program - report - rules - definitions - appropriation
26‑2‑143
Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions
26‑2‑144
Food bank assistance grant program - creation - rules - definition
26‑2‑201
Short title
26‑2‑202
Legislative declaration
26‑2‑203
Definitions
26‑2‑204
Mandatory minimum state supplementation of SSI benefits
26‑2‑205
Optional state supplementation
26‑2‑206
Interim assistance
26‑2‑207
Administration
26‑2‑208
Federal requirements
26‑2‑209
Limitations
26‑2‑210
State supplemental security income stabilization fund - creation
26‑2‑301
Food stamps - administration
26‑2‑301.5
Performance standards - incentives - sanctions
26‑2‑302
Federal requirements
26‑2‑304
Appeals - recoveries - rules
26‑2‑305
Fraudulent acts - penalties
26‑2‑305.5
Categorical eligibility - repeal
26‑2‑306
Trafficking in food stamps
26‑2‑307
Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal
26‑2‑308
Colorado employment first - supplemental nutrition assistance program - federal match - legislative declaration - definition - repeal
26‑2‑701
Short title
26‑2‑702
Legislative intent
26‑2‑703
Definitions
26‑2‑704
No individual entitlement
26‑2‑705
Works program - purposes
26‑2‑706
Target populations
26‑2‑706.5
Restrictions on length of participation - rules
26‑2‑706.6
Payments and services under Colorado works - rules
26‑2‑707.5
Community resources investment assistance
26‑2‑707.7
Information concerning immunization of children
26‑2‑708
Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules
26‑2‑709
Benefits - cash assistance - programs - rules - repeal
26‑2‑709.5
Exit interviews and follow-up interviews of participants - reporting
26‑2‑710
Administrative review
26‑2‑711
Works program - sanctions against participants - rules
26‑2‑712
State department duties - authority
26‑2‑713
State maintenance of effort
26‑2‑714
County block grants formula - use of money - rules
26‑2‑714.5
Adjusted work participation rate - notification - county authorization - career and technical education
26‑2‑715
Performance contracts
26‑2‑716
County duties - appropriations - penalties - hardship extensions - domestic violence extensions - incentives - rules
26‑2‑717
Reporting requirements
26‑2‑718
Regionalization
26‑2‑719
Private contracting
26‑2‑720.5
County block grant support fund - created
26‑2‑721
Colorado long-term works reserve - creation - use
26‑2‑721.3
Colorado works program maintenance fund - creation - use - report
26‑2‑725
Outreach and engagement plan - family voice participation
26‑2‑1001
Short title
26‑2‑1002
Legislative declaration
26‑2‑1003
Definitions
26‑2‑1004
Individual development account program - rules
26‑2‑1005
Eligibility for participation in the individual development account program
26‑2‑1101
Legislative declaration
26‑2‑1102
Definitions
26‑2‑1103
Transitional jobs program
26‑2‑1104
Repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26-2-129’s source at colorado​.gov