LRB-3783/1
MDK:mfd:km
1997 - 1998 LEGISLATURE
October 15, 1997 - Introduced by Senator Moen, cosponsored by Representatives
Underheim, Hasenohrl, Kelso, Plouff, Seratti, Lorge and Albers. Referred
to Committee on Health, Human Services, Aging, Corrections, Veterans and
Military Affairs.
SB325,1,5
1An Act to amend 49.30 (1) (b) and 445.125 (1) (a) 2. of the statutes;
relating to:
2the amount of assistance for funeral or burial expenses of recipients under
3certain benefits and assistance programs and the value of an irrevocable burial
4trust that is excluded from the resource determination under the medical
5assistance program.
Analysis by the Legislative Reference Bureau
Under current law, counties, tribal governing bodies and certain organizations
are required to pay up to $1,000 of the funeral or burial expenses that are not paid
by the estate of a recipient of any of the following: Wisconsin works benefits, medical
assistance, state supplemental payments or federal supplemental security income.
This bill increases the payment requirement to up to $2,000.
Under current law, a person who is 65 years of age or older, blind or disabled
is eligible for medical assistance if his or her income and resources are below certain
limits. In determining a person's resources, certain assets are excluded. Among the
excluded assets is an irrevocable trust used to fund a burial agreement (irrevocable
burial trust) with a value of up to $2,000. Under this bill, an irrevocable burial trust
with a value of up to $3,000 is excluded from the resource determination.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB325, s. 1
1Section
1. 49.30 (1) (b) of the statutes is amended to read:
SB325,2,32
49.30
(1) (b) The lesser of
$1,000
$2,000 or the funeral and burial expenses not
3paid by the estate of the deceased and other persons.
SB325,2,86
445.125
(1) (a) 2. Notwithstanding s. 701.12 (1), such agreements may be made
7irrevocable as to the first
$2,000 $3,000 of the funds paid under the agreement by
8each depositor.
SB325,2,1110
(1) The treatment of section 445.125 (1) (a) 2. of the statutes first applies to
11agreements made on the effective date of this subsection.
SB325,2,1312
(2) The treatment of section 49.30 (1) (b) of the statutes first applies to expenses
13incurred on the effective date of this subsection.
