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HomeMy WebLinkAbout75-141~esolutiqn = No. 75-141 RE50LU~ON ADOPTING IAIDIGENT BURIAL POLTCY ANB SCF~DULE OF FEES Wf~EAS, the Hoard of Supervi.sors~ pursuant to California WeTfare and Institutions Code Section 17009 is au~horized to prova.de for the bwri.al or cremation o~ the indigent dead and for the maiantenance of the graves of suoh dead, and WF~E'tE~15~ it is desirable ~o adopt as a matter of record a policy p~ovid3.ng for such indigent burials~ includir~a those marticz.an~ cremation and burial servi.ces authorize@ to be performed~ and W#~REAS, it is necessary to estab]ish a schedule of fees in order to compensate the morticians~ crema~tories and cemeteries performir~g said services. NOW~ TFTEEtEFORE BE IT RESQZUEA by the Board of Supe~sors of the County of Butte, State of Californa.a~ ~hat ~he IncU.gent Burial Policy and Schedule of Fees attached hereto as ~xhi.ba.~ "A" is hereby adopted on behalf' of this Board. BE ST FURTf~t RESOZVED that t3~i.s Resolution shall supersede that Resol~uti.on entitled "Resolution No. 72-153 Resolution Establishir~ Rates for Mortician Services" heret,ofore adopted on ~the 29th day of August, 1q72. PASSF~II ANA ADOPTED by the Butte County Board of 5upervi.sors this 30hh day of SP~ tr m~+Pr ~ lg'j5~ by the fo110WiI1g VotB: AYES: Supervisors Cameron, Madigan, McKillop, Richter and Chairman Ladd ~~~ None AHSENT: ~ne NOT UOTXNG: None ATTEST: CLARK A, I3~LSONi County C~erk and ex~ff5.cio Clerk of the Board By , `V~~ APPROVED AS TO FORM SutFe Couniy Counsel niel Vr Black tock By .~, ,,~a.M.._..__~ . ..........................., M. ~ airman the Board of Supervisors BUTTE CO U1VTX IPiDIGENT BURIAI, POLICY ~nd SCF3EDU~,E OF FEES Table nf Gan~ents I. County respansibi.].ity a. Program administratian b. Responsibili~y ~or indigents {i? ;nterment other than Butte County c. Maximum financial ~.iability II. Eligibility a. Genera~. - prepaid burial plans (I) Prepaid gravesite {2} Donations • b. Responsi.ble relatives c. Criteria of ~ligiblzty E1) Decedent's estate (2) Deatln benefits (3) Financial respon5:ibility of relatives (4) Surviving spouse (S) Extxeme hardship - Public Admirai.strator determines ~II. a. Qualificatian b. Se~vice-connected death _~_ ~• ~f ~~~~~~~~ A ~ IV. Application p~ocess for cotinty burial a. Suspec~ed indigency: Public Admznistrator b. Application: Spouse/~elatives/estate c. Applicatzon: Public Administrator and o~hers d. Fina~ determination notification V. Mortuary a. Home area selection b. Out-o~-caunty markuary and/or cemetery c. M~nimum morfuaxy services. VI. Cemetery a. Selection ~, Nanexclusive in~erment c. Coun~y s~andard d. OptionaZ crema~ion VII. Payment procedure a. Authorization ~o c~aim b. CZaim format VI~I. Rezmbuxsement and collectinn pxocedures a. General b. ~esponsible relatives c. Social security or V.A. bene~i~s: assignment by spouse d. SociaL security or V.A.: Public Administrator e. Reim~ursement a~ all funds other than county ~. Sales tax, permits, i~emzzation of taxable merchandise, SCHEDCTi~E OF FEES -2- BUTTE CO[JNTY INDIG~NT BURIAL POLICY and SCHEDULE 0~ FEES I, Co~ unty res onsibiiit a. Th~; Butte Countiy Pu3~lic Admi.nistrator is responsible £or administering the coun~y buriaL program and dete~mining e3.igibility for county burial. He sha1l be governed bq all applicable laws, regulations, resalutions, and the po~icies contained herein. b. Butte County is responsib~e ~or burying a1.1 resident ~.ndigent persons 1. Mortician services and interment will be provided within Bu~~e Buftie County un~ess transpar'~a~ion to re~urn the deceased to another co~nty is pravided withau~. cost to the ~ounty of Butte. In ~hat event, Butte County will pay the prevailing funera~./buria3. ~at~s established by the Board of Supexvisors of the other county, bu~ in no event shali the expenses be greater than those adopted by ~he ~utte Cou.nty Board of Supervisors. c. I~i na case will the County of Butte or gravesite expenses greater than ~rom time to ta.me by resolu.tian and Burial Fees. bc~ liable fox f~neral, interment, tihose adopted by the Boazd o~ Supervisars set ~orth in a Schedule of Indi.gent zz. Eli~iblity a. '~~e genera~. poJ.icy governing iridigent burials is to provide the necessary services and/or inter~nenf onLy when i.ti has been es~ab~ished that the deceden~ qualifies for an indigent burial accord~ng to law and the cJ.arifying rules described in "II-c" below. The co~nty does not provide for subsidizatzon of privatel.y arranged funerals and intErments. In the event the deceased had a pr~paid burial plan or burial insurance that exceeds the cnunty schedule, the decedent wi1J. nnt be eligi.ble for caunty buri.al. Therefore, there caz~nat be any enrichment to a caunty ~uneral Uy contracting for a funeral or gravesite in an amount exceedi.ng the county bu~a.al schedule. The only excepti.ons are those listed belo~r: (1) In th~. event the deceased had a prc~paid gravesite, the county will provide the mortician se~Vices for eligib~e decedents a~ the current county schedule rate. (2} ~'riends or relatives may donate in fu1L, ar contrihute to, the funeral or gravesite; however, all such donations shall be made directly thraugh the Pub~.ic Admini.strator's Uf~ice and shall be l~mi.ted as set forth in "IZ-a". b. Responsible relatives Ca~i~ornia law (Heal~h an~ 5afety Code Section 7100) places th~ responsibility for the funeral expenses upon the decedent°s estate or relatives in the ~ollowing order: (~) The surviving spouse (2) The surviving child or ch'ildren (3} The surviving parent ar ~arents {43 The next of kin en'ti.t].ed to the estiate of rhe dec~den~ c, Cri~eraa of eli~iblity_ For the purposes of burial, an indi.gent person is a person who does not possess an es~ate, responsible rela~ives or potent~ial death benefits shown below which total the caunty°s prevailing cost of burials. The Public Administrator's Offace determines eli.gi.bi.li~.y for a caunry buriaJ. based upon, but nat Lzmi.ted to, the following: (1) The a:ss~tis: of the decedent and hi.s estate a.ncJ.uding;: (a} Rea1 property (b) Cash, securities, and bonds Cc) Other persanal property (2) All patential. death benefits from: {a) Li~e insurance (b} Burial insurance or prepaid burial plans Cc) Prepaid o~ ins~rance pians ~or gravesa.tes (d) Soczal securzty (the ~llowan~es us~ally being three times the montY-ly benefit, to a maximum af $255) (e) Veteran's bene~its (~250 ~'uneral; $~.50 cemetery) (f) F~aternal organi.zati,ons (g) Priva~e p~nsion plans (3} A determination of ~he financial aba.lity af the responsibLe relatives to ass~me ~he e~penses o~ the decedent's funeral and interment +will be made ifl successive order by rhe Public Administrator. If i.t is determined that no such financiaily responsible relative exists, the coun~y will assume 3.iability ~a~ the expenses as set forth in the scheduLe. For ourpases o~ d.e~inzng a financialLy responsibie relative, no person shall be considered financially responsible if he is recezving public assistanc~ of any type, and provzding said relati~e does not have an estate greater than the minimum requir~d for Soczal Welfare. {4) The sur~iving spouse oz r~sponszble relative is not required to sel~ the family automobi~e if said spouse or responsibie relative zs a licensed driv~r, nor zs the surviving spouse or responsible relatiive required to seiL the family home to mee~ the burial casts. (5) If the investigation af the Public Administrator dete~mines an extreme ha~dshzp wauld incur on the surviving spouse or respanszble ~elatives, an indigen~ burza~ may be a~lawed. III. Burzal of vet~~ans a. Mast ve~erans do not qualify as zndigents d~~e to death benefits from ~he Veterans Adminis~ration and Sacial Sec~rity. If the deceased vete~an is not eLigibLe for Veterans Administration death bene~its and meets the other criteria of indigency, the county will provide an ~ndigent burial and the surviving spouse, ~elatives, or estate of the deceased shall sign the . necessary documents for county r~imbursem~n~ from the Social Security Adminzstration. b. Veterans who expire as a resul~ of a service connected disabil~ty (cantracted ezther ~n wartime or peacetime service) are not eligible for coun~y burial ~ue to the a.mount of death benefits availabLe throu~h the Veterans Adminzstration. Persons applying for this benefit are to be directed to the Veterans` Service Of~ice which will make the necessa~y arrangements. IV. The appLication process for county burial a. A11 suspected indigency cases will be reported at rhe earliest possible date ~o the Pub~ic Administrator, who will inform the ~uneral director promptly. b. App~ication for a co~nty burial shall be made to the Pub~ic Administrator and shouZd be made by the nearest relative available or other responsible person on forms provided by the county, The burden of proof that in~zgencq exists rests upon the surviving spouse, zelative, or any estate of the deceased. Failure to ~urnish the requested information, doc~ments, and to sign the ~equested forms, will be grounds for denying a county burial. c. I~ there is na zelat~ve to apply, the Public Adroinistratar's Of~ice will initiate an investiga~ion to determine indigency when the Public Adminzstrator has been notified by any source that a suspected indigency case exists. d. When a£inal d~termznat~on has been made, the Public Administzator will notify the funeral director and ~amily or estate of the determination at the earLiest possible date. The County a~ Butte assumes financial lzabiizty anly for rhase cases which have been determined ~o b~ indigent and such determination has been conveyed by the Public Administratar to the funeral director and family or estate; and said liabiiity shali not exceed the schedule of fees currently in effect by the Bu~~e Counry Board of Supervisors. V. Mortuary a. Whenever rhe decedent's home area is trnown, the mortuary zn rhat area will be used. I~ the decedent's home area cannot be identi~ied at the time of ~eath or discov~ry, then the mortuary in the area a£ discavery shal~ be used.. b. The responsible appl~cant for an out-o~-county resident who expires wathin Butte Countiy may make ~unera~ and/or znterment arxangments nutszde Sutte Caunty providin~: (~) Ail parts of this policy are adhered to. (2) Transportatian to return the deceased to his domicile county is provided ~ without additional cost ta Butte County. In such cases, Butte Co~nty wzll reimburse the funeral directar and ceme~ery based ~.ipon the prevailing indigent burial rates establi~he~ by ~he Board of Supervisars of the other caunty, buti in no event shall the expenses be greater than those adopted by the Butte County Soard of Supervisors. c. Minimum ~ortuary s~rvices include: (1) Responding to a referred case and tran~porting the deceased ta the mortuary. (2} Embalming all bodies that are in a condition permitting. (3) ~n cases wheze said deceased has na c~athing suirable for buria~ purposes, to ~urnish un~erwear, socks, robe or ladies gown proper for burial and to dress the body wzth the same. (4) Providing a minimum coffin, (5) Reca~ding a1l.necessary documents and permits. (b) Transpartation ta place of interment or cremation in Bu~te Co+snty and alLowance of a committal serv~c~, V~. Cemetery a. The c~me~ery will be selected by the PubLic Administrator based upon the c~metery closest ta the family which is contracting with the coun~y. b. Cemeteries shall not inter indigents in an area reserved exclusively for indigents or pauQers. c. G~avesi~e provided by the county will be an a multip~e occupancy in~erment, if aliowed by cemetery regulations. d. A~ the optzon of the family ar ather responsible person, the deceased may be crema~ed. VII. Payment p~oced~re a. Authorzzation to proceed with an indigent burza~ will be gzven zn writing ta the funeral direc~or and cemetery or crematorium. b. Separate claims ~or servzces ren~ered are to be submitted direct~y to the Public Administrato~'s O~fice by ~hose vendors ~urnishing services on forms furnished bq the county. Each claim shall be in ~uplicate and. zndicate the fo~Iowzng: C1} The name o~ the deceased. (2) ~ate of.'service rendered. (3) Type a~ service (4} And other information requested by the Pub~~c Adm~nzstrator. Claims wi11 be ~pproved by ~he Public Administrator and forwarded ~a the County Au~itor for payment. VIII. Reimbursement and collection procedures a. Gen~rals ~ndigent bu~zals are only provz~ecl when there are insufficient funds from all other resources ~o provide for the burial expenses, as ou~lined in this palicy. Whenever there are death benefits accru~ng ta the decedent from any of the sources identified in this policy, or if any later discovered assets or resources appear, then a~l such death bene~its, assers, and resaurces sha1L be cla~med by Butte County ~o offset the cos~ of the burzal ex~enses advanced by the cou~ty. b. Should an indigent buriaZ be authorized an~ the Public Administratar subseq~ently fin~s that there are respansible rela~ives with the abzlity ta pay for burial cos~s, payment wiLl be claimed directly bq the Public Administrator`s Office as reimbursement for an in~igent burial. Fa~lu"re to make any such payment shall be basis for civil action as provided by law. c. Sncial ~ecur~ty ar ~eterans Administration death benefits payable directly to a spouse or other responsible party sha~l be asszgned to ~he coun~y by the suxvzv~ng spouse e~ecutzng an agreement to reimburse the county the amount of such benefits, not ta exceed the a~aunts exnende~ hv Rz,tte Countiy. d, There being no surviving s~ouse, the Public Admznistrator will make application for the Sacial Security and/or Veterans Administiratian deat~ benefits. In the event such payments are made directly to the funeral direc~ar by the SociaZ Security Adminis~ration and/or Veterans Administration, the funeral dir~ctor shali ~emit such death benefits directly to the Fublic Ad~inzstrator, toge~her with a photocapy a~ the Social Securi~y and/or.Veterans Administ~ation check. e. Any and aI~ funds received by a~uneral directar, cemetery, or crematorium orher than payments by the county shall be remitted directly to the Public Administrator. ~n no event may the funeraL direc~or, cemetery, or crematorium accept addztianal compensatian o~ any kind ~or an indigent bur~a~ fram any source other than the County of Bu~te. However, this shal~ not pr~clude any division of ~he counfy ind~gent bu~iaL ~ee among funeral directors, cemeteries, or c~rema~oriums. f. The Caunty of Butite wi~l pay applicable sales tax and burial permit fees as req~.~ired. Statements o~ servic~s rendered shall be itemized as to sales tax on rhe minimum co£fin and amount o~ burial p~rmi~ fee. A11 statements shall be submitted to the Public Administrator. AF~nr~~x z nvn~ su~~s ~`ip~~ Of BtTtt,~ se~DUr~ o~ ~s A. Morf,uarar Item ~,. Sti~.Zbarn 2. Under ane y~ear 3. Over one yea;r ~.. Mileage ~. Ci~arge for release to ano~l~e~ A4QI 't1~.3~' 6. Cases ur~der medical care ~req~.x~ir~g au~opsy 7. Renuaval pvuchEs {As requirad) B. Cremat~.ans lr Ad.u~.~ 2. Infant C. Ceme~ex'Y 1.. In~.e~ment 3ots {3.nclu~.es ~at ancl. endowmen~ ca~re } a. Standard buxria3. 3.o-t b• Baby 1ot.(4a~ ~ 3~~ c. Baby lo~t ~6~ x 3t) d. Crema~ion lo~ e. Comgani.on ~~E1"ri7Ei1~ 2. Vault$, 3~.ners and ur~ns (Incluc~r~ ~ax) Ra~.e ~ bQ.O~ 100.00 25a.00 .2~ 1 ma~.1e af~er f'irs~ 10 mi.~es 75.Q0. z~a. o0 Rep~.acemen,t co~~ ~ ~ro. ao 2 ~j. ~0 ~~6~.ao J~{~s ~~ 65. q4 ~as ~~ ~ga~a.es ao Secti.onal Liner $ 40.10 b. Chxldren ring liner (1) Insa.d~ 3i" & 26" 45.58 (2) Inside 37" 50.$8 (3) Inside 56" & 72" 66.78 ~• Crema~ion urn vault (1) Singl~:-concre~e or , pLastic 26.50 (2} Double-concre~e or plastic 31.80 3. General services a. Adult opening & closing and recording 90.OQ b. Adult opening & c~.osing and recording {double depth) 100.00 c. Opening & closing cxemains~ no service 35.00 d. Children opening & closing and recording: {].) Infan~ to I year 40.00 (2) ~ ~0 4 you,rs 6a.ao {3) 4 tio 8 years 80.00 *N0~'E: Companion {double) interments are figured at 12 times the regular price of each lo~ "~.ess the endaw€nen~. care", then add ~h~ endowment care tio each lot sold.