3 Miss. Code R. § 1-03-305

Current through May 31, 2024
Section 3-1-03-305 - Funeral
1. Eligible Expenses:
a. Reasonable charges for usual and customary expenses related to funeral, cremation or burial services and products include, but not limited to: funeral home professional and staff services, embalming, viewing facilities, wake facilities, equipment for grave side, newspaper announcements, transfer and transportation costs of deceased, casket, burial container, clothing for deceased, programs, register book, flowers, monument, cemetery plot, opening/closing of the grave, and death

certificates, not to exceed Six Thousand Five Hundred Dollars ($6,500.00); and

b. Necessary and reasonable transportation costs to make arrangements and/or attend funeral services, not to exceed Eight Hundred Dollars ($800.00). Other limitations do apply and are discussed further in this chapter.
2. Victim and Claimant Eligibility:
a. Victim must otherwise qualify for compensation before any award can be considered.
b. Claimant or responsible party must otherwise qualify for compensation before any award can be considered.
3. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:
a. The claimant or responsible party shall provide expense and collateral source information.
b. The claimant or responsible party shall provide appropriate documentation indicating the responsible party for the funeral expenses.
c. Additional information and supporting documentation may be requested for further determination on an as-needed basis.
4. Limitations: The following shall apply:
a. Compensation for eligible funeral expenses may not exceed a total of Six Thousand Five Hundred Dollars ($6,500.00).
b. Compensation for transportation costs to make arrangements and/or to attend funeral services may not exceed Eight Hundred Dollars ($800.00).
c. Total benefits for funeral and transportation may not exceed Seven Thousand Three Hundred Dollars ($7,300.00).
d. Award for clothing for the victim may not exceed Three Hundred Dollars ($300.00).
e. Award for flowers may not exceed Two Hundred Fifty Dollars ($250.00).
f. Award for a headstone and/or monument may not exceed Eight Hundred Fifty Dollars ($850.00).
g. Award for printing costs associated with funeral expenses may not exceed Two Hundred Dollars ($200.00). Examples include but not limited to: printing of funeral programs, acknowledgment cards, thank you cards, newspaper notice, obituaries, memorial cards, and/or other relevant documents.
h. Transportation to arrange or attend services shall be at least forty-five (45) miles, one way from the claimant's residence.
i. Award for transportation costs shall be limited to mileage and bus, train and air fare.
j. Award for transportation costs shall be reimbursed at thirty-five cents (.35) per mile. If there is more than one (1) claimant per request for transportation costs, the amount of compensation shall be prorated among the claimant's and the total amount of the award may not exceed Eight Hundred Dollars ($800.00).
k. Social Security Death Benefits, memorials, benevolent funds, donations and burial insurance are considered as collateral sources and shall be reduced from the award.
l. The Division will evaluate each request on a case-by-case basis to determine reasonableness of charges incurred for usual and customary expenses for funeral, cremation or burial services and products; and transportation costs.
m. If multiple eligible claimant's do not submit specific amounts paid (by each claimant) for products or services purchased, an equal amount will be reimbursed among all eligible claimant's.
5. Ineligible funeral expenses:
a. Clothing for the victim's family members or dependents is not eligible.
b. Building rental, food or other items associated with a repast are not eligible.

3 Miss. Code. R. § 1-03-305