Alaska Stat. § 12.65.025

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 12.65.025 - Post mortem examinations
(a) The state medical examiner shall designate the facilities at which post mortem examinations and autopsies ordered under this chapter may be performed consistent with this section. The Department of Health shall pay the costs of
(1) post mortem examinations and autopsies ordered under this chapter;
(2) related transportation to the location where the post mortem examination is conducted and then to the community closest to where the death occurred, except that transportation costs to another requested location shall be paid to the extent that the costs do not exceed the costs that would otherwise have been paid by the department for returning the body to the community closest to where the death occurred;
(3) embalming, if embalming is required by law; and
(4) cosmetology necessary to make the head, face, neck, and hands of the deceased presentable if those parts of the body are disfigured by the post mortem examination.
(b) The Department of Health shall provide clothing and a casket for the deceased if the person legally responsible for the burial, other than the state, is unable to pay for clothing and a casket and the responsible person does not object.
(c) Instead of paying the cost of services listed under (a)(3), (a)(4), and (b) of this section, the Department of Health may pay for the cremation and inurnment of the deceased if
(1) the person legally responsible for the burial requests or approves the cremation and inurnment; and
(2) the cost to the department of the cremation and inurnment does not exceed the cost to the state of services listed under (a)(3), (a)(4), and (b) of this section that the department would otherwise pay for or provide for the deceased.
(d) The Department of Health shall establish the maximum amounts or rates that the department will pay for services under this section. Facilities designated under (a) of this section, as a condition of their designation, shall agree to accept reimbursement from the department as payment in full for services provided by the facility under this section, and may not seek reimbursement for those services from a third party.
(e) A person is "unable to pay" under this section if the person
(1) is eligible for assistance under AS 47.25.120 - 47.25.300; or
(2) is otherwise unable to provide clothing and a casket for the deceased.
(f) The state medical examiner shall designate a location for conducting a post mortem examination that is in the community closest to where the death occurred if
(1) the state medical examiner has verified that a facility with adequate technology, personnel, and training is available at the location to enable the state medical examiner to direct a remote examination;
(2) the facility meets applicable standards, including inspection and accreditation, for conducting remote post mortem examinations established in the Forensic Autopsy Performance Standards by the National Association of Medical Examiners; and
(3) the cost of conducting the examination in the community closest to where the death occurred is less than the cost of conducting the examination or autopsy at another location, including the cost of transporting the body to and from another location to conduct the examination.
(g) The Department of Health shall provide to a person responsible for the burial of a body written notice describing the duties and procedures of the state medical examiner and the department under this chapter. The notice must explain, in a form and language that is designed to be easy to understand, the availability of
(1) an option to release the body after examination and autopsy to a location other than a mortuary without a recommendation or stated preference to do otherwise;
(2) the department's coverage of costs associated with the examination or autopsy, transportation of the body, and necessary cosmetology as provided under (a) of this section;
(3) clothing and a casket required under (b) of this section;
(4) transportation to the community closest to where the death occurred or to another location;
(5) a burial-transit permit as provided under AS 18.50.250; and
(6) a death certificate as provided under AS 18.50.230.

AS 12.65.025

Amended by AK 2022 Executive Order 121,sec. 134, eff. 7/1/2022.
Amended by SLA 2014, ch. 96,§§sec.1, sec.2 eff. 10/15/2014.