[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR35.44]



[Page 117-118]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 35_HOSPITAL AND STATION MANAGEMENT--Table of Contents

 

      Subpart D_Disposal of Money and Effects of Deceased Patients

 

Sec. 35.44  Delivery to legal representative; to other claimants if value 

is $1,000 or less.



    The money and effects of the deceased patient shall in all cases be 

delivered to the legal representative, if any, of his estate. If the 

value is $1,000 or less, and the officer in charge has neither notice 

nor other knowledge of the appointment or qualification of a legal 

representative, nor reason to believe that a legal representative will 

be appointed or qualified, he shall deliver all the money and effects, 

as soon as practicable after the expiration of 10 days from the sending 

of notices to one of the following in the indicated order of priority:

    (a) A person, if any, designated in writing by the patient to 

receive the same.

    (b) The patient's surviving spouse.

    (c) The patient's child or children in equal parts.

    (d) The patient's parent or parents in equal parts.

    (e) Any other person who would be entitled to receive the money and 

effects under the law of the patient's domicile: Provided, That delivery 

of such money and effects may be made immediately upon application by 

one



[[Page 118]]



of the persons specified above if the officer in charge has neither 

notice nor other knowledge that a person higher in the indicated order 

of priority exists.