Death benefits for deceased medical or financial assistance recipients and disposition of unclaimed dead human bodies
HRS §346-15
in effect346-15. Death benefits for deceased medical or financial assistance recipients and disposition of unclaimed dead human bodies
(a) Where the decedent was a medical assistance or financial assistance recipient at the time of death and is ineligible for the Social Security Administration's one-time lump-sum death benefit, the department may issue a lump-sum death benefit in an amount equal to the Social Security Administration's one-time lump-sum death benefit for the year in which the recipient died.
(b) All unclaimed dead human bodies shall undergo
cremation as defined in section 531B-2. The department may bear the cost of
the mortuary, crematory, or hydrolysis facility services for unclaimed dead
human bodies furnished by any licensed provider of these services. Payments
for these services shall be made to the extent of the cost, or in the sum of $1,600
in total, whichever is less, for each unclaimed dead human body. Individuals
who have possession, charge, or control of any unclaimed dead human body to undergo
cremation at public expense shall have sixty days from the date of the
deceased's death to submit in writing to the department its determination that
the dead human body is unclaimed and its application for payment for
cremation. The county medical examiners or coroners shall have no time
limitation by which to submit their written determination that the dead human
body is unclaimed and their application for payment for cremation.
(c) Any person submitting an application for
the lump-sum death benefit described in subsection (a), on behalf of a deceased
medical or financial assistance recipient, shall have sixty days from the date
of death of the deceased to submit the application to the department.
(d) A person or public or private agency,
including the department, shall not be liable for any damage or subject to
criminal prosecution for any act done pursuant to and in compliance with this
section.
(e) For the purposes of this section,
"unclaimed dead human body" means the remains of any deceased person
for whom no one has assumed responsibility for disposition and no legally
responsible individual has been identified. Pursuant to section 327-32, the
department shall review the written description of the efforts used in making
the determination that a dead human body is unclaimed and approve the
determination for purposes of payment of the mortuary, crematory, or hydrolysis
facility services, if it meets the department's requirements.
(f) The department shall adopt rules pursuant
to chapter 91 for purposes of administering and implementing this section.
[L
1943, c 36, §1; RL 1945, §4828; am L 1945, c 161, §1; am L 1947, c 22, §1; am L
1953, c 153, §4; RL 1955, §108-8; HRS §346-15; am L 1970, c 88, §1 and c 105,
§5; am L 1976, c 177, §1; am L 1985, c 34, §1; am L 1987, c 339, §4; am L 1992,
c 20, §1; am L 2000, c 101, §2; am L 2001, c 41, §2; am L 2010, c 205, §§5, 9;
am L 2012, c 62, §§2 to 5; am L 2022, c 294, §5; am L 2024, c 108, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0346/HRS_0346-0015.htmFetched: 11/10/2026