PARRIS N. GLENDENING, Governor                                 Ch. 586

UNDER SUBSECTION (A) OF TIBS SECTION, THE PROGRAM REPRESENTATIVE SHALL
PAY REASONABLE FUNERAL EXPENSES FOR THE DECEASED RECIPIENT FROM
THESE FUNDS IF:

(I) A TIMELY APPLICATION FOR PAYMENT OF FUNERAL
EXPENSES HAS BEEN FILED WITH THE PROGRAM REPRESENTATIVE THAT CERTIFIES
THAT;

1. EVERY PERSON LEGALLY RESPONSIBLE FOR THE
SUPPORT OF THE DECEDENT IS UNABLE TO PAY THE EXPENSES; AND

2. THE DEGREE TO WHICH OTHER RESOURCES, INCLUDING
DEATH BENEFITS AVAILABLE TO THE ESTATE OF THE DECEDENT, ARE
INSUFFICIENT TO PAY THE FUNERAL EXPENSES; AND

(II) THE PROGRAM REPRESENTATIVE HAS DETERMINED THAT
THE CERTIFICATION IS TRUE.

(2) (I) THE PROGRAM'S PAYMENT MAY NOT EXCEED $1,500 FOR
FUNERAL EXPENSES.

(II) SUBJECT TO THE PROHIBITION UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH, THE PROGRAM SHALL PAY THE DIFFERENCE BETWEEN $1,500
AND THE FUNDS OTHERWISE AVAILABLE FOR FUNERAL EXPENSES.

(F) A PAYMENT UNDER SUBSECTION (A) OF THIS SECTION IN GOOD FAITH TO
THE PROGRAM SHALL DISCHARGE AND RELEASE THE TRANSFEROR FROM ANY
LIABILITY OR RESPONSIBILITY FOR THE TRANSFER IN THE SAME MANNER AND
WITH THE SAME EFFECT AS IT THE PROPERTY HAD BEEN TRANSFERRED,
DELIVERED, OR PAID TO A PERSONAL REPRESENTATIVE OF THE ESTATE OF THE
DECEDENT.

(G) A PERSONAL REPRESENTATIVE FOR THE ESTATE OF A PROGRAM
RECIPIENT MAY NOT WITHDRAW FUNDS FROM A CHECKING, SAVINGS, OR OTHER
LIQUID FINANCIAL ACCOUNT UNLESS:

(1) THE DECEDENT;

(I) WAS LESS THAN 55 YEARS OF AGE WHEN RECEIVING ALL
MEDICAL ASSISTANCE BENEFITS; OR

(II) HAD AT THE TIME OF DEATH:

1. A SURVIVING SPOUSE;

2. A SURVIVING CHILD LESS THAN 21 YEARS OF AGE; OR

3. A SURVIVING CHILD WHO WAS BLIND OR PERMANENTLY
AND TOTALLY DISABLED; OR

(2) (I) THE PERSONAL REPRESENTATIVE NOTIFIES THE PROGRAM 10
DAYS IN ADVANCE OF THE DATE THAT THE REPRESENTATIVE SEEKS TO WITHDRAW
FUNDS; AND

- 3233 -