093_HB3949

 
                                     LRB093 12589 LRD 17779 b

 1        AN ACT in relation to funeral expenses.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Public Aid Code  is  amended  by
 5    changing Section 12-4.11 as follows:

 6        (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
 7        Sec.  12-4.11.  Grant  amounts.  The Department, with due
 8    regard  for  and  subject  to  budgetary  limitations,  shall
 9    establish  grant  amounts  for  each  of  the  programs,   by
10    regulation.   The  grant amounts may vary by program, size of
11    assistance unit and geographic area.
12        Aid payments shall not be reduced except: (1) for changes
13    in the cost of items included in the grant  amounts,  or  (2)
14    for  changes  in  the  expenses  of the recipient, or (3) for
15    changes  in  the  income  or  resources  available   to   the
16    recipient,  or  (4)  for  changes  in  grants  resulting from
17    adoption of a consolidated grant amount.
18        In fixing standards to govern payments or  reimbursements
19    for   funeral  and  burial  expenses,  the  Department  shall
20    establish a minimum allowable amount of not less than  $1,000
21    for  Department payment of funeral services and not less than
22    $500 for Department payment of burial or cremation  services.
23    On July 1, 2004 and on each July 1 thereafter, the Department
24    shall  increase  the minimum reimbursement amount for funeral
25    and burial expenses under this Section by a percentage  equal
26    to  the  percentage  increase in the Consumer Price Index for
27    All Urban Consumers, if any, during the 12 months immediately
28    preceeding  that  July  1.   In  establishing   the   minimum
29    allowable  amount, the Department shall take into account the
30    services essential to a dignified, low-cost (i)  funeral  and
31    (ii)  burial  or cremation, including reasonable amounts that
 
                            -2-      LRB093 12589 LRD 17779 b
 1    may be necessary for burial space and cemetery  charges,  and
 2    any  applicable  taxes or other required governmental fees or
 3    charges. If no person has agreed to pay the total cost of the
 4    (i)  funeral  and  (ii)  burial  or  cremation  charges,  the
 5    Department shall pay the vendor the actual costs of  the  (i)
 6    funeral   and  (ii)  burial  or  cremation,  or  the  minimum
 7    allowable amount for  each  service  as  established  by  the
 8    Department,  whichever  is less, provided that the Department
 9    reduces  its  payments  by  the  amount  available  from  the
10    following  sources:  the  decedent's  assets  and   available
11    resources  and  the anticipated amounts of any death benefits
12    available to the decedent's  estate,  and  amounts  paid  and
13    arranged  to  be  paid  by the decedent's legally responsible
14    relatives. A legally responsible relative is expected to  pay
15    (i)  funeral  and  (ii)  burial  or cremation expenses unless
16    financially unable to do so.
17        Nothing contained in this Section or in any other Section
18    of this Code shall be  construed  to  prohibit  the  Illinois
19    Department  (1)  from consolidating existing standards on the
20    basis of any standards which are or were  in  effect  on,  or
21    subsequent  to  July  1,  1969,  or  (2)  from  employing any
22    consolidated standards in determining need for public aid and
23    the  amount  of  money  payment  or  grant   for   individual
24    recipients or recipient families.
25    (Source: P.A. 91-24, eff. 7-1-99; 92-419, eff. 1-1-02.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.