1. A. On the death of:

   1. (1) a recipient of financial assistance under Section 27-2-6 [repealed] or 27-2-7 NMSA 1978 or under the federal supplemental security income program; or
   2. (2) a person living in a nursing home or an intermediate care facility, the payment for whose care is made in whole or in part pursuant to Title 19 of the federal Social Security Act; funeral expenses up to two hundred dollars ($200) shall be paid by the income support division of the authority if the deceased's available resources, as defined by rule of the division, are insufficient to pay the funeral expenses, the persons legally responsible for the support of the deceased are unable to pay the funeral expenses and no other person will undertake to pay those expenses.
2. B. No payment shall be made by the income support division when resources available from all sources to pay the funeral expenses total six hundred dollars ($600) or more. When the resources are less than six hundred dollars ($600), the division shall pay the difference between six hundred dollars ($600) and the resources, or two hundred dollars ($200), whichever is less.

History: Laws 1937, ch. 18, § 11j; 1941 Comp., § 73-121; 1953 Comp., § 13-1-22; Laws 1959, ch. 49, § 1; 1969, ch. 234, § 1; 1975, ch. 220, § 1; 1978 Comp., § 27-2-5; 2024, ch. 39, § 76.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 27-2-6 NMSA 1978 was repealed by Laws 1998, ch. 9, § 28, effective February 18, 1998.

Compiler's notes. — "Title 19 of the federal act," referred to in Subsection A(2), means Title XIX of the federal Social Security Act, which appears as 42 U.S.C. § 1396 et seq. See 27-2-2 NMSA 1978.

Cross references. — For burial of indigents, see 24-13-1 NMSA 1978 et seq.

The 2024 amendment, effective July 1, 2024, tasked the income support division of the health care authority with the responsibility of providing funeral expense assistance to recipients of financial assistance and persons living in nursing homes or intermediate care facilities if the deceased's available resources are insufficient to pay the funeral expenses, and made technical amendments; in Subsection A, Paragraph A(2), after "shall be paid by the" deleted "health and social services department" and added "income support division of the authority"; and in Subsection B, after "shall be made by the" deleted "department" and added "income support division" and after "($600), the" deleted "department" and added "division".

Funeral expenses of a child of the recipient are not covered by this section. 1943 Op. Att'y Gen. No. 43-4389.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws §§ 41, 101.

81 C.J.S. Social Security and Public Welfare § 36.