44th legislature - STATE OF NEW MEXICO - second session, 2000
RELATING TO PUBLIC ASSISTANCE; PROVIDING FOR BURIAL OR CREMATION EXPENSES FOR INDIGENT PERSONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 24-13-3 NMSA 1978 (being Laws 1939, Chapter 224, Section 3, as amended) is amended to read:
"24-13-3. EXPENSES FOR BURIAL OR CREMATION.--If the
unclaimed decedent had known assets or property of sufficient
value to defray the expenses of cremation or burial, invoices
for the expenses shall be forwarded to such person or official
authorized by law to be appointed administrator of the estate
of the decedent, and such person or official shall pay the
expenses out of the decedent's estate. To the extent that the
deceased person is indigent, the burial or cremation expenses
shall be borne by the county of residence of the deceased
person. If the county of residence of the deceased person is
not known, the burial or cremation expenses shall be borne by
the county in which the body was found. The burial or
cremation expenses may be paid by the county out of the
[general fund] county indigent hospital claims fund in an
amount up to six hundred dollars ($600) for the burial or
cremation of any adult or minor."
Section 2. Section 27-5-7.1 NMSA 1978 (being Laws 1993, Chapter 321, Section 16) is amended to read:
"27-5-7.1. COUNTY INDIGENT HOSPITAL CLAIMS FUND--AUTHORIZED USES OF THE FUND.--
A. The fund shall be used:
(1) to meet the county's contribution for
support of sole community provider payments as calculated by
the department for that county; [and]
(2) to pay expenses of burial or cremation of an indigent person; and
[(2)] (3) to pay all claims that have been
approved by the board that are not matched with federal funds
under the state medicaid program.
B. The fund may be used to meet the county's obligation under Section 27-10-4 NMSA 1978.
[C. Until June 30, 1996, the cash reserves from
the fund may be used to meet the county's obligation under
Section 27-10-4 NMSA 1978.]"