§ 42-207 — Irrevocable funeral service contract. Revocation of revocable funeral service contract purchased by Medicaid beneficiary. Irrevocable funeral service contract required provisions. Payment of funds to Commissioner of Social Services.

Connecticut § 42-207

• Jurisdiction: Connecticut
• Title 42: Business, Selling, Trading and Collection Practices
• Ch. 743c: Funeral Service Contracts

Text

An irrevocable funeral service contract may be entered into in which the amount held in escrow or a death benefit payable under an individual or group life insurance policy may be disbursed only upon the death of the beneficiary, provided such a contract does not exceed ten thousand dollars and all interest, growth or dividends accumulates to the escrow account or insurance policy and are inaccessible to the beneficiary. Such irrevocable funeral service contract may be transferred from one funeral service establishment to another upon request of the beneficiary or a legal representative of the beneficiary. The purchase of an irrevocable funeral service contract shall not preclude an individual from purchasing other funeral service contracts that are revocable, provided any such revocable funeral service contract purchased by a Medicaid beneficiary may be revoked only upon written notice by the Medicaid beneficiary to the Commissioner of Social Services. An irrevocable funeral service contract shall provide that, upon the death of the beneficiary, the state of Connecticut shall receive any amounts remaining after performance of the contract, up to (1) the total amount of medical assistance paid by the state of Connecticut on behalf of the beneficiary that is recoverable under 42 USC 1396p, and (2) the total amount of all other forms of public assistance paid by the state of Connecticut on behalf of the beneficiary or his or her dependent child. The funeral service establishment providing services under such a contract shall make payment of such remaining funds to the Commissioner of Social Services not later than sixty days after all services have been performed under such contract. If a funeral service establishment pays such remaining amount to any person other than the Commissioner of Social Services, the funeral service establishment shall be liable to said commissioner for repayment of such amount.

Legislative History

(P.A. 86-290, S. 8, 10; P.A. 88-239; P.A. 92-168; June 18 Sp. Sess. P.A. 97-2, S. 162, 165; P.A. 06-87, S. 3; P.A. 12-36, S. 7; P.A. 16-20, S. 1; P.A. 19-57, S. 1.) History: P.A. 88-239 changed the value of an irrevocable funeral contract from two to three times the highest amount payable for the burial of a public assistance recipient; P.A. 92-168 changed the value of an irrevocable funeral contract from three to four times the highest amount payable for the burial of a public assistance recipient; June 18 Sp. Sess. P.A. 97-2 changed the value of an irrevocable funeral contract from four times the highest amount payable for the burial of a public assistance recipient to $5,400 and made conforming changes, effective July 1, 1997; P.A. 06-87 added provision re revocation of revocable funeral contract purchased by Medicaid beneficiary; P.A. 12-36 added provisions re contract in which death benefit is payable under an insurance policy, added provision re transfer of contract at request of the beneficiary's legal representative and made technical changes, effective May 14, 2012; P.A. 16-20 increased maximum contract amount from $5,400 to $8,000 and made a technical change, effective July 1, 2016; P.A. 19-57 increased maximum contract amount from $8,000 to $10,000 and added provisions re state to receive amounts remaining after performance of contract and payment of remaining funds to Commissioner of Social Services, effective January 1, 2020. It is insufficient to merely think that one has complied with statute; compliance means that the irrevocable contract must be with a licensed funeral establishment. 57 CA 695.