08 HR
1517/FA
House
Resolution 1517 (AM)
By:
Representatives Sims of the
169th
and Thomas of the
55th
A
RESOLUTION
Creating
the House Study Committee on Funeral, Cemeterian, and Related Services; and for
other purposes.
WHEREAS,
there are many service areas relating to the loss of a loved one that need to be
examined to ensure that the best interests of the citizens of this state are
being served; and
WHEREAS,
there is a new federal Medicaid resource exclusion rule for prearranged funeral
plans requiring that Medicaid members who enter into a preneed contract with a
funeral home deposit funds into an irrevocable escrow account or an irrevocable
life insurance trust fund for prearranged funeral plans; however, Georgia law
requires that such contracts be revocable; and
WHEREAS,
Medicaid recipients who made their funeral arrangements using revocable escrow
or life insurance trust funds and were previously eligible under the former
rules may unintentionally be denied benefits under the new rule;
and
WHEREAS,
additional study and research in the area of such preneed contracts is needed;
and
WHEREAS,
cremation is a method used by many Georgians that raises certain issues such as
the need for an adequate waiting time for the performance of an autopsy when
necessary prior to cremation, and there is a need for established guidelines
regarding the authority of a coroner to bury abandoned cremated remains;
and
WHEREAS,
there is a lack of specific requirements for the refrigeration of bodies prior
to examination if there is a delay in the examination; and
WHEREAS,
there is often a delay or lack in communication to the coroner of the county in
which the disease or trauma that caused the death occurred, which leads to
various problems such as delays in obtaining death certificates;
and
WHEREAS,
mortuary schools in this state have expressed a willingness to perform, on a
limited basis, embalming of indigent bodies which would enable local authorities
to preserve the body for identification while providing the mortuary school
students the opportunity to obtain clinical work experience; and
WHEREAS,
additional research and study is needed in order to determine the best methods
of facilitating such an exchange between the local authorities and the mortuary
schools so that it is done in a manner that is to the benefit of all concerned;
and
WHEREAS,
doctors and hospitals are presently required to sign death certificates within
72 hours of an individual's death; however, numerous funeral service providers
claim that they are often unable to obtain signatures within the current time
frame; and
WHEREAS,
such delays are the source of significant problems for the citizens of this
state, since these complications affect their life insurance, wills, and other
important areas; and
WHEREAS,
there are instances in which funeral homes receive a body from a "diener" in
such a condition unsuitable for embalming; certain education requirements,
qualifications, and supervision for "dieners" may be needed to eliminate or
reduce such instances where possible; and
WHEREAS,
such issues relating to funeral, cemeterian, and related services warrant close
study during the interim between the 2008 and 2009 regular sessions of the
General Assembly.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created
the House Study Committee on Funeral, Cemeterian, and Related Services to be
composed of three members of the House of Representatives to be appointed by the
Speaker of the House. The Speaker of the House shall designate a member of the
committee as chairperson of the committee. The chairperson shall call all
meetings of the committee. In addition, the committee membership shall include
six nonlegislative members to be comprised of the following: the division
director of the securities and business regulation division of the Office of
Secretary of State, or his or her designee; the executive director of the
Georgia State Board of Funeral Service, or his or her designee; the president of
the State Board of Cemeterians, or his or her designee; the Commissioner of
Insurance of the State of Georgia, or his or her designee; the state registrar,
or his or her designee; and the commissioner of community health, or his or her
designee.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of the
conditions, needs, issues, and problems mentioned above or related thereto and
recommend any actions or legislation which the committee deems necessary or
appropriate. The committee shall conduct such meetings at such places and at
such times as it may deem necessary or convenient to enable it to exercise fully
and effectively its powers, perform its duties, and accomplish the objectives
and purposes of this resolution. The members of the committee shall receive the
allowances provided for in Code Section 28-1-8 of the Official Code of Georgia
Annotated. The allowances authorized by this resolution shall not be received
by any member of the committee for more than three days unless additional days
are authorized. The funds necessary to carry out the provisions of this
resolution shall come from the funds appropriated to the House of
Representatives. In the event the committee makes a report of its findings and
recommendations, with suggestions for proposed legislation, if any, such report
shall be made on or before December 31, 2008. The committee shall stand
abolished on December 31, 2008.