Burial resources include both burial spaces and burial reserves. 55 Pa. Code § 178.3
A burial space may be a conventional grave site, crypt, burial drawer, mausoleum, urn, or any other repository for the remains of a deceased individual. A burial space includes necessary and reasonable improvements or additions to the burial space, including but not limited to: 55 Pa. Code § 178.2
Vault.
Headstone.
Marker.
Plaque.
Burial container (casket).
Arrangement for opening and closing of the gravesite.
The CAO will exclude any and all burial spaces, regardless of the number of burial spaces owned by the applicant/recipient group for all medical assistance categories.
Burial reserves are funds set aside for an individual’s burial. The funds may be called funeral reserves, funeral agreements, pre-paid funeral agreements, burial funds, burial reserves, or similar names. These funds are held in a revocable or irrevocable account or trust. 55 Pa. Code § 178.2
The funds may also be in the form of a prepaid funeral. A prepaid funeral is an agreement between an individual and a funeral home for a funeral paid for in advance. It specifies the services to be provided at the time of the individual’s death. The agreement may include other items and services such as a casket, cemetery plot, flowers and an obituary.
The CAO will review a prepaid funeral agreement for fair consideration the same as any other burial reserve.
NOTE: The CAO will count the interest on reserve as income if it is withdrawn before death.
The CAO will verify at application:
The status of each burial reserve.
The amount and availability of interest earned on all burial reserves.
The balance of each revocable burial reserve.
A statement from the financial institution or funeral director holding the funds must verify burial reserves.
For SSI- related categories, the amount of the irrevocable burial reserve affects the amount which can be excluded from revocable burial funds. See Section 340.722, Revocable burial reserves.
The CAO should tell the individual that creating a burial reserve for an amount above the county limit plus 25% could be considered a transfer of an asset for less than fair market value when deciding Medical Assistance and payment of Long Term Care services. See section 440.8, Disposition of assets and fair consideration.
Any funds remaining after burial expenses are paid become part of the deceased individual’s estate.
An irrevocable burial reserve is a fund held under contract with a financial institution or a funeral director. No part of the fund may be withdrawn before the individual’s death. The fund must be used for burial expenses. 55 Pa. Code § 178.5
None: The CAO will consider life insurance or personal property (such as stock) designated for burial an irrevocable burial reserve if:
The funds cannot be withdrawn before the death of the individual.
The funds must be deposited with a financial institution or funeral director.
The funds go toward payment of funeral expenses at the individual’s death.
To be considered irrevocable, burial reserve funds must be deposited with a financial institution or a funeral director. There must be a written agreement stating that the funds cannot be withdrawn before the death of the individual. The CAO will review the agreement to determine if the fund is irrevocable. A fund labeled irrevocable does not necessarily mean it is irrevocable.
None: Pennsylvania law requires the contract to include a clause allowing an individual to withdraw his money if he moves out of state. The CAO should consider the funds irrevocable if it meets all other requirements.
If the CAO cannot determine if a burial reserve is irrevocable, it will send documentation to the Area Manager for review by the Office of General Counsel (OGC).
The amount of the irrevocable burial reserve affects the amount that can be excluded from a revocable burial reserve. See Section 340.722, Revocable Burial Reserve.
A revocable burial reserve is a fund held by a financial institution or funeral director and designated for burial expenses, but that may be withdrawn before the individual’s death. 55 Pa. Code § 178.73 55 Pa. Code § 178.161(10)
The CAO will record:
The existence of the burial reserve.
The date of the arrangement
The name of the funeral director or financial institution
The amount of the prepayment
The name of the individual covered.
The CAO will review bank books, contacts or other documents to determine if the individual has money identifiably set aside for burial. A review of the account or agreement terms should reveal the conditions for its establishment and whether it is revocable or irrevocable.
NOTE: The money in a revocable burial reserve must be clearly designated as set aside for burial.
The CAO will exclude up to $1,500 held in a revocable burial reserve as follows: 55 Pa. Code § 178.73
1. $1,500 is the maximum exclusion for each individual.
2. Subtract from the $1,500 a maximum exclusion of one of the following owned by the individual:
The face value of life insurance that accumulates cash value and has a total face value of $1,500 or less.
The cash value up to $1,000 of life insurance if the face value is more than $1,500.
The value of any irrevocable burial reserve.
NOTE: Count the cash value excluded when determining the value of life insurance when determining how much of a revocable burial reserve may be excluded.
3. Exclude the remaining amount, up to $1,500 maximum.
4. Count the remaining value of the burial reserve as a resource.
NOTE: Do not count as a resource any increase in the value of an excluded burial reserve from accumulated interest or appreciation.
5. Determine at application and at each renewal if the individual used part of the revocable burial reserve or added interest for a purpose other than burial.
6. If part of the revocable burial reserve or interest was used for any purpose other than burial, verify the amount used and the withdrawal date.
7. Add any amount withdrawn from the burial reserve to other countable resources as of the date the money from the burial fund was withdrawn:
The recipient continues to be eligible if total countable resources are less than or equal to the appropriate MA resource limit.
The recipient is not eligible for MA beginning on the date the money was withdrawn if the total countable.
Example 1:
Life insurance (L.I.) total face value of $1,000.
Revocable burial reserve of $1,000.
Computation:
$1,500 (max exclusion)
-$1,000 (face value of L.I. under $1,500)
$500 exclusion
Revocable Burial Reserve of $1,000.
Minus exclusion of $500.
Countable Revocable Burial Reserve = $500.
Example 2:
Life insurance (L.I.) total face value of $2,500.
Cash surrender value of L.I. is $1,200.
Revocable burial reserve of $1,500.
Computation:
$1,500 (max exclusion)
-$1,000 (cash value of L.I. up to $1,000)
$500 exclusion
Revocable Burial Reserve of $1,500.
Minus Exclusion of $500.
Countable Revocable Burial Reserve = $1,000.
Example 3:
Life insurance (L.I.) total face value of $2,000.
Cash surrender value of L.I. is $700.
Irrevocable burial reserve (IBR) of $1,000.
Revocable burial reserve of $1,000.
Computation:
$1,500 (max exclusion)
-$1,700 (cash value L.I. plus IBR ($700 + $1,000))
$0 irrevocable
There is no amount that can be excluded from the Revocable Burial Reserve.
The entire Revocable Burial Reserve of $1,000 is a countable resource.
Example 4:
Life insurance (L.I.) total face value of $2,000.
Cash surrender value of L.I. is $700.
Irrevocable burial reserve (IBR) of $500.
Revocable burial reserve of $1,000.
Computation:
$1,500 (max exclusion)
- $1,200 (cash value L.I. plus IBR ($700 + $500)
$300 exclusion
Revocable Burial Reserve of $1,000.
Minus exclusion of $300.
Countable Revocable Burial Reserve = $700.
See Appendix B for a Revocable Burial Reserve computation worksheet.
Updated February 14, 2012, Replacing February 8, 2002