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RULE §61.415Funeral and Burial Expenses

(a) In order to determine whether the funeral and burial expenses are reimbursable, the OAG will review the supporting documentation provided by the claimant or the service provider. Supporting documentation includes, but is not limited to, the funeral purchase agreement, a burial services contract, all other related bills, documentation of any collateral sources, all other sources of payment made to the service provider, and any other documentation relevant to the OAG determination.

(b) If the claimant requests reimbursement for any portion of the funeral and burial bills, he or she must submit proof of payments to include canceled checks, receipts, or bills indicating payment was made.

(c) In addition to the funeral purchase agreement, the following information may be required by the OAG in order to process payments:

  (1) the date of death and the date of the funeral service;

  (2) the funeral provider's tax identification number;

  (3) an itemization of charges for funeral goods and services selected;

  (4) itemized cash advance items, including an acknowledgment of such by the claimant; and

  (5) any additional supporting documentation requested by the OAG.

(d) The general price list of the funeral service provider applicable on the date of the service may be reviewed by the OAG. Expenses must be verifiable, usual and customary charges and in compliance with the rules and regulations set forth by the licensing entity governing the industry.

(e) If a funeral service provider makes payments to a third party including, but not limited to, other funeral homes, embalming services, airlines, or air freight companies relating to the funeral and burial of the victim, documentation must be provided to substantiate the expenses. This may include an itemization of any costs or additional charges associated with cash advance items.

(f) The funeral service provider must notify the OAG of all payments received by the funeral service provider including payments received after the funeral purchase agreement has been submitted. If changes occur or payments are received after the original submission, the funeral service provider is obligated to notify the OAG, in accordance with this chapter.

(g) If the victim is shipped, the claimant or funeral service provider must submit a bill including: victim's name, cities of departure and arrival, an itemized invoice, a Burial Transmit Permit (Form VS-116) or apostille issued by the appropriate authority, regardless of the method of transportation.

(h) Documentation and services submitted by the funeral service provider must comply with the rules and regulations of the licensing entity governing the industry, as well as any state or federal regulations governing the industry or profession.

Source Note: The provisions of this §61.415 adopted to be effective November 14, 2007, 32 TexReg 8117; amended to be effective October 30, 2014, 39 TexReg 8373

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