Medicaid Title 19 Burial Benefits: 9 Things To Know (2024)

Medicare and Medicare do not pay funeral expenses, but applicants for Medicaid can make some financial moves to ensure that their funeral, cremation, and burial are provided for. The regulations for Medicaid Title 19 Burial Benefits vary by state, but applicants may have to “spend down” funds on hand before being approved. Some of the spend down can be directed toward funeral costs.

The average cost of a funeral with burial is around $10,000 – a bit less for cremation. If you know your family won’t be able to afford a funeral for you, or you simply don’t want to put the burden on them, here’s how you can use Medicaid to save money toward the expenses.

Medicaid Title 19 Burial Benefits: 9 Things To Know (1)

Table of Contents

What Is Title 19 Medicaid Assistance?

According to the United States Social Security Administration, “Title XIX of the Social Security Act (part of the Social Security Amendments of 1965) established the Medicaid program to provide medical and health-related services for individuals and families with low incomes through direct payment to suppliers of the program. Medicaid is the largest source of funds for medical care and related services to our Nation’s poorest people. Medicaid is a cooperative endeavor between each State and the Federal Government, and is financed by shared Federal and State funds.”

Listen to Funeral Fundamentals’ expert talk about the benefits of Medicaid Title 19 in more detail.

Do Medicare Or Medicaid Pay For Funeral Expenses?

No. Funerals, burials, and cremation are not considered “medical” expenses or health care, therefore they are not covered by Medicare or Medicaid.

However, because Medicaid funds are managed by individual states, there may be financial assistance through government agencies that support people on Medicaid.

How Do Medicaid Title 19 Burial Benefits For Funeral Expenses Vary By State?

If you are already on Medicaid or planning to apply, check with your state’s Medicaid department to learn if there are any death benefits through state agencies.

For example:

Funeral assistance of $1,500.00 is available to Medicaid beneficiaries in Colorado.

The state of Indiana allows Medicaid recipients to receive up to $800.00 for a burial plot, as well as $1,200.00 for funeral expenses if they are in certain Medicaid categories.

Those on Medicaid can receive a refund of up to $1,500.00 for funeral expenses through Wisconsin’s Funeral and Cemetery Aids Program.

Medicaid Title 19 Burial Benefits: 9 Things To Know (2)

Can An Applicant Prepare For Funeral Expenses When Applying For Medicaid?

Yes. Anyone applying for Medicaid can set aside up to $10,000 for funeral and burial expenses. This money is excluded from countable assets.

Of course, there is no shortage of fine print and exclusions that apply, so it’s critical to understand your state’s specific policies. Ideally, you should work with a local elder care lawyer to understand your rights and oversee any prepaid funeral contracts you enter into.

What Is The Medicaid Spend Down?

If your income or non-exempt assets are a bit over the cap to qualify for Medicaid, creating a burial fund is an ideal way to “spend down” assets. This will help you qualify for coverage while also earmarking funds for your funeral.

What Are Exempt And Non-Exempt Assets?

Medicaid considers non-exempt assets as those that can be used to pay for your medical bills. This includes cash and savings, as well as real property that can be converted to cash.

Non-Exempt Assets:

  • Cash
  • Checking and savings accounts
  • CDs, stocks, bonds, or mutual funds
  • Retirement accounts, such as IRAs, 401(k)s, 403(b)s
  • Revocable prepaid funeral contracts (ones that can be canceled and refunded)
  • Trusts (depending on your access to them and how they were set up; work with an elder care lawyer)
  • Vacation homes and property other than your primary residence
  • Jewelry, art, collectibles, and other valuables
  • Any vehicles over one
  • Boats, RVs, ATVs, and other recreational equipment
  • Life insurance policies with a face value of more than $1,500

Exempt Assets:

  • Your primary residence (check your state rules about equity limits).
  • Personal property, such as clothing, household items, furnishings, and appliances (again, check with your states as some have a cap on the allowable amount).
  • Whole life insurance policies with a cash value up to $1,500. Any term life policy.
  • Revocable burial funds accounts with a value of up to $1,500 per spouse. This amount is reduced by other burial funds, irrevocable burial contracts, and life insurance cash surrender values.
  • An irrevocable contract for burial space items, such as caskets, urns, burial plots, vaults, cremation niches, headstones, and perpetual maintenance.
  • An irrevocable contract for funeral service costs, such as transportation, embalming, cremation, and to pay for the services of the funeral director.
  • An irrevocable burial trust.
  • One vehicle (check with your state for a limit on the market value).
  • One engagement and wedding ring.
Medicaid Title 19 Burial Benefits: 9 Things To Know (3)

Can You Prepay Your Funeral Before Going On Medicaid?

Yes. But it’s important that your burial funds are considered an “exempt” asset. A savings account labeled “funeral fund” that you’ve been putting money in for 20 years is just that in the eyes of Medicaid: a savings account. Meaning it would be a non-exempt asset that could be used to pay your medical bills. In order to exclude those funds from countable assets, it will need to be protected as an approved exempt asset.

Each state has its own rules on how you can apply money toward funeral expenses in order for it to be considered exempt from your countable assets.

For example, in the state of Connecticut, Medicaid allows up to $10,000 to be pre-funded into an irrevocable trust and applied toward burial expenses. Also in Connecticut, you can prefund specific burial and cemetery items and services in a Revocable Burial Plot Allowance contract without a dollar limit. Finally, you can have one or more life insurance policies with up to $1,500 face value. Anything over $1,500 is considered non-exempt.

This is why it is so important to check with your state’s Medicaid department and work with an elder care attorney to make sure you understand all of your options.

Can You Have Life Insurance If You Are On Medicaid?

It depends on the type of life insurance policy and its value. Term life insurance policies, regardless of amount, do not count toward your assets. This is because there is no cash value to the policy – it does not pay out until you die. A whole life policy, on the other hand, accumulates a cash value over time. The cash surrender amount of a whole life policy is accessible for you to take out or borrow against at any time. The cash surrender amount would then count toward your non-exempt assets (which is $2,000 max in most states).

Life insurance is another area where some people have to be strategic when applying for Medicaid. You may have to surrender a whole life policy and spend down the cash value. While this benefits you by paying some of your medical bills, you do have other options. You can also:

  • Transfer the policy to a spouse or dependent or to a special needs trust.
  • Take out a loan on the cash value amount to reduce the amount applied toward your assets but keep the policy intact.
  • Transfer the policy to a local funeral home. When set up correctly, the money can be used for your funeral expenses and is an exempt asset.

Setting Up Revocable And Irrevocable Trusts

A burial trust helps you pay for funeral expenses, but in order for it to be exempt from your Medicaid countable assets, it needs to be set up as irrevocable. An irrevocable burial trust cannot be canceled or changed. There is no way to get the money out until after you die and family members need it to plan your funeral.

With a revocable trust, it is possible to cancel or change it and access the money for other purposes. A revocable trust is considered non-exempt and is applied to your countable assets.

Medicaid Title 19 Burial Benefits: 9 Things To Know (2024)

FAQs

What is burial insurance after death? ›

How does burial insurance work? Burial insurance covers the cost of your funeral and/or cremation expenses after you pass away. It can also be used at the beneficiary's discretion to pay off debts including any medical bills, mortgage loans, or credit card bills.

What is the least expensive funeral? ›

Direct cremation is the least expensive way to bury your loves one. It is done respectfully, and gives your and your family time to find the most personal and affordable burial option.

Does the state of Texas help with funeral expenses? ›

Texas. State Resources: The state of Texas does not offer assistance with funeral and burial costs. A limited amount of assistance is distributed through each county but this assistance is primarily designated for veterans. County/Municipality Resources: The level of assistance for each county varies.

Will the state of Texas pay for cremation? ›

Bereavement services. Under Texas law, counties must bury or cremate those who have passed away at no cost to any families or individuals when the deceased qualifies as indigent. Counties typically comply with this law by offering bereavement services. This isn't an option many people will be able to take advantage of.

Can you be denied burial insurance? ›

Certain factors may result in being denied a policy, such as pre-existing conditions, smoking, or risky activities. Guaranteed issue: You won't need to answer any medical questions or take an exam.

How does burial insurance work? ›

“Burial insurance” usually refers to a whole life insurance policy with a death benefit of from $5,000 to $25,000. As its nickname implies, people buy this type of policy to provide money for funeral and burial costs for themselves and/or family members.

What is typically the most expensive part of a funeral? ›

Casket. A casket is often the most expensive item that factors into the average funeral cost. Caskets vary widely in style, material, design, and price. An average casket costs between $2,000-$5,000 and is typically either metal or a cheaper wood, but some caskets can sell for as much as $10,000 or more.

What does the Bible say about cremation? ›

What does the Bible say about cremation? According to most Biblical study websites, there is no explicit scriptural command for or against cremation. There are no passages that forbid cremation, according to most Biblical scholars. However, some passages describe standard death practices during these times.

Who will pay for Texas funerals? ›

While Texas law says that the decedent's estate is liable to pay for most of the decedent's funeral costs, the funeral home or provider may include language in their contract to make the surviving spouse or other party personally liable for these costs.

Do funeral homes bury babies for free? ›

Many funeral homes offer discounted or free services to families whose baby has died. Find out exactly what is discounted or free. There are differences in cost between burial and cremation; so you may want to know the cost of each, especially if you are unsure what you will do.

How much is an average funeral Texas? ›

Unlike many other trades and professions, average service charges can vary significantly. The NFDA estimates the national average funeral cost of $7,848 (2022). However, this does not take into account any cemetery fees. It would be fair to say that the average traditional funeral in Texas can cost around $10,000.

Can you bury ashes in your backyard in Texas? ›

Texas law states that you can scatter cremation ashes over uninhabited public land or on the private property of a consenting owner.

What are the rules for burial in Texas? ›

Can You Bury a Body at Home in Texas? There are no state laws in Texas prohibiting home burial, but local governments may have rules governing private burials. Before burying a body on private property or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow.

How soon after death can you be cremated in Texas? ›

How long must you wait for cremation? In Texas, the law requires 48 hours to pass before cremation (unless waived by a legal authority). The 48 hour wait time is based on the time of death provided for the death certificate.

What's the difference between life insurance and burial insurance? ›

Burial insurance covers funeral and burial expenses, whole life insurance can help give your family members the resources they need to maintain their lifestyle. Life insurance can replace some or all of your income, pay off debts, help pay college tuition, help fund your spouse's retirement, and cover final expenses.

What is the difference between funeral and burial insurance? ›

Burial insurance is also known as “funeral insurance” and is an easy-to-qualify for, low coverage, whole life insurance policy designed to cover end of life expenses like medical bills, funeral expenses, and other debts that are left behind when you pass.

What are the two types of burial insurance? ›

There are two basic kinds of funeral insurance: standard and pre-need. Both will help you plan and set aside the funds for all of your final arrangements.

Do I need burial insurance? ›

Burial insurance is generally the best fit for those who are ages 50 to 85 and who are concerned about how their family would pay for a funeral. Someone who is younger may benefit more from a term life insurance policy, which is a cheaper option.

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