Maryland Code § BR-5-803

Section BR-5-803
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(a) (1) In this section the following words have the meanings indicated.
(2) "Eligible dependent" means a veteran's spouse, a veteran's
unmarried child under the age of 21 years, or a veteran's unmarried adult child who
before the age of 21 became permanently incapable of self-support because of
physical or mental disability.
(3) (i) "Identifying information" means data required by a
veterans service organization to verify the eligibility of a veteran or an eligible
dependent for burial in a national or state veterans cemetery.
(ii) "Identifying information" includes name, service number,
Social Security number, date of birth, date of death, place of birth, and copy of the
death certificate.
(4) "Veterans service organization" means an association or other
entity organized for the benefit of veterans that has been recognized by the U.S.
Department of Veterans Affairs or chartered by Congress and any employee or
representative of the association or entity.
(b) (1) If a licensed funeral establishment or a crematory is in possession
of cremated human remains or hydrolyzed remains that have been unclaimed for 90
days or more, the licensed funeral establishment or holder of the permit for the
business of operating a crematory shall provide identifying information of the
unclaimed cremains or hydrolyzed remains to a veterans service organization in order
for the veterans service organization to determine if the unclaimed cremains or
hydrolyzed remains are those of a veteran or an eligible dependent.
(2) (i) Subparagraph (ii) of this paragraph does not apply if:
1. an authorizing agent directs otherwise; or

2. a reduction facility reasonably concludes based on
the identifying information or other evidence that a decedent does not qualify for
disposition benefits associated with veterans status.
(ii) A reduction facility in possession of human remains that
are being processed by natural organic reduction shall provide identifying
information to a veterans service organization within 5 business days after natural
organic reduction is initiated to determine if the soil remains are those of a veteran
or an eligible dependent.
(c) Within 45 days after receipt of the information required by subsection
(b) of this section, the veterans service organization shall notify the licensed funeral
establishment, permit holder, or reduction facility:
(1) whether the cremains, hydrolyzed remains, or soil remains are
those of a veteran or an eligible dependent; and
(2) if so, whether the veteran or eligible dependent is eligible for
burial in a veterans cemetery.
(d) If the unclaimed cremains or hydrolyzed remains are those of a veteran
or an eligible dependent, the licensed funeral establishment or permit holder may
transfer the cremains to a veterans service organization for the purpose of disposition
of the cremains or hydrolyzed remains.
(e) If the unclaimed soil remains are those of a veteran or an eligible
dependent, the reduction facility may:
(1) transfer a portion of the soil remains not exceeding 300 cubic
inches in volume to a veterans service organization that grants permission for the
purpose of disposition; and
(2) if authorized by the cemetery or owner, transfer the balance of
soil remains to a cemetery or the owner of a woodland protected under the Forest
Conservation Act.
(f) If a veterans service organization does not take possession of unclaimed
cremains or hydrolyzed remains that qualify for a plot in a State veterans cemetery
under § 9-906 of the State Government Article, within 10 days after the licensed
funeral establishment or permit holder receives the notification required under
subsection (c) of this section, the licensed funeral establishment or permit holder
shall:

(1) notify the Department of Veterans and Military Families of the
status of the cremains or hydrolyzed remains for the purpose of the appropriate
disposition of the cremains or hydrolyzed remains; and
(2) transfer the cremains or hydrolyzed remains to the Department
of Veterans and Military Families for the purpose of the appropriate disposition of
the cremains or hydrolyzed remains.
(g) If a veterans service organization does not take possession of a portion
of unclaimed soil remains under subsection (e)(1) of this section that qualifies for a
plot in a State veterans cemetery under § 9-906 of the State Government Article,
within 10 days after the reduction facility receives the notification, the reduction
facility shall:
(1) notify the Department of Veterans and Military Families of the
status of the soil remains for the purpose of the appropriate disposition of the soil
remains;
(2) transfer the soil remains to the Department of Veterans and
Military Families for the purpose of the appropriate disposition of the soil remains;
and
(3) if authorized by the cemetery or owner, transfer the balance of
the soil remains to a cemetery or the owner of a woodland protected under the Forest
Conservation Act.

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