All Medicaid Programs

Obsolete Policy

 

Obsolete 0517 - 591-2 Burial Space Exclusion

Effective date:  August 1, 2007 - April 30, 2017

Contact DWS Program Specialist for previous policy

 

  1. Exclude fully paid burial spaces that the client owns, regardless of value.  Also, exclude written agreements or contracts for the purchase of a burial space that the client has paid completely.

In both cases, the exclusion only applies to burial spaces the client or spouse owns and intends to use for:

• the client,

• the client’s spouse, or

• any other member of the client’s immediate family.

 

The client or spouse must sign a statement giving the name of each person for whom the spaces will be used and the relationship to the client or spouse of each person when they own spaces that are not intended for the client or spouse.

 

 

  1. Until the purchase price is paid in full, the client does not own a burial space under an installment sales contract or similar agreement if:

 

• the individual does not currently own the space;

• the individual does not currently have the right to use the space; and

• the seller is not currently obligated to provide the space.

 

Treat the amounts paid as burial funds (592) until the client makes all payments on the burial spaces contract.

 

  1. Exclude per person only one type of burial space that serves the same purpose.  For example, exclude a cemetery lot and a casket for the same person.  Do not exclude a casket and an urn for the same person.

 

  1. If fully paid burial spaces are part of a burial contract and the value of the burial contract is not an excluded burial asset, exclude the value of the burial spaces and the portion of interest earned only on the fully paid burial spaces.  Use the formula in 592-6, #1 to decide what portion of interest is earned on the fully paid burial spaces.

 

  1. If a burial space contract is not excluded, treat the interest earned on the contract during that time under the rules in (403-8), certain interest or dividend income; irregular and infrequent income.