1. (a) This section applies upon the death of either of the following:

   1. (1) A recipient who is receiving supplemental assistance.
   2. (2) An individual who had a disability, was aged, or was blind who, at the time of death, was certified as eligible to receive medical assistance under Medicaid.

2. (b) Except as provided in subsection (c), the division shall pay one thousand two hundred dollars ($1,200) for the funeral director's expenses of the decedent if the following conditions exist:

   1. (1) The estate of the deceased is insufficient to pay the funeral director's expenses.
   2. (2) The individual legally responsible for the burial of the deceased is unable to pay the funeral director's expenses.

3. (c) If the division determines that the estate of the deceased is sufficient to pay all or part of the funeral director's expenses, the division:

   1. (1) shall pay one thousand two hundred dollars ($1,200) for expenses that the funeral director has incurred; and

   2. (2) may recover the amount paid by the division under this section as a preferred claim from the estate of the deceased.

      [Pre-1992 Revision Citations: 12-1-5-11 part; 12-1-6-11 part; 12-1-7.1-13 part.]

As added by P.L.2-1992, SEC.8. Amended by P.L.1-1994, SEC.59; P.L.273-1999, SEC.87; P.L.9-2006, SEC.1; P.L.99-2007, SEC.92; P.L.205-2013, SEC.186.