Thanks Dave Daly for the snail mail of this draft and Paula Clark scanning the 40 pages.
Probable regulations for the Funeral Industry, Below is the only thing we physically have with respect to Senator Dodds proposal to re-regulate funeral service. Senator Dodds office promises to send the final text when it is ready in the mean time below is a flavor of the Funeral Industries Future!
BEGINNING OF SCANNED FILE FROM SENATOR DODD FAX 03OCT02 6:05PM
IN THE SENATE OF THE UNITED STATES
Senator Dodd for himself and _______ introduced the following bill; which
was read twice and referred to the Committee on ___________________
A BILL
To provide for the development of improved funeral home, cemetery and
crematory inspection systems, to provide for comprehensive disclosures in prepaid
funeral cemetery and crematory contracts: and to codify and enhance certain federal
disclosure regulations; and to establish consumer protections relating to pre-need
funeral contracts.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled\
SECTION 1- SHORT TITLE.
This Act may be cited as the "Federal Death Care Inspection and Disclosure Act
of 2002'-
TITLE I ~ FEDERAL ASSISTANCE FOR LOCAL PROGRAMS
SEC. 101 -- FEDERAL OFFICE OF FUNERAL. BURIAL AND DISPOSITION
OVERSIGHT
(a) ESTABLISHMENT^ - There is established within the Department of .
Health and Human Services an Office of Funeral Burial and Disposition Services
(referred to in this title as the Office"). The Office shall be headed by a Director to be
appointed by the President.
DUTIES. -The Office shall
(1) survey existing State laws that pertain to the death care
industry; and
(2) formulate standards specifying the elements of an effective system
for registering, inspecting and monitoring the handling and
disposition of human remains by funeral homes, cemeteries,
crematories and other death care providers-
(c) INFORMATION GATHERING ACTIVITIES- - For the purpose of carrying
out this section, the Office may hold hearings, receive public comment and testimony,
initiate surveys, and undertake such other activities to gather information as the Director
of the Office determines to be appropriate-
(d) REPORT-
IN GENERAL- ~ Not later than 8 months after the date of
enactment of this Act. the Director of the Office shall submit a
report to the President and the appropriate committees of
Congress concerning the activities of the Office-
CONTENTS; - The report under paragraph (1) shall contain
(A) a comparative analysis of existing and proposed
systems for registering, inspecting and monitoring death
care services in the various States:
(B) a comparative analysis of State laws and regulations
requiring consumer disclosures in prepaid funeral, cemetery
and crematory contracts; and
(C) such standards as may be formulated by the Director of the
Office pursuant to this Act together with such commentary
and recommendations as the Director considers appropriate
SEC» 102» FEDERAL ASSISTANCE GRANTS,
(a) IN GENERAL- The Director of the Office shall award grants to State
agencies responsible for the registration, inspection, and monitoring of death care
providers» to enable such agencies
(1) to establish registration and/or licensing systems to properly
account for all funeral homes, cemeteries, crematories, and other
death care providers operating in the State:
(2) to hire funeral home, crematory, and cemetery inspectors;
(3) to train funeral home, crematory, and cemetery inspectors;
(4) to hire or train consumer advocates to resolve disputes between
consumers and death care providers;
(5) to implement a new system or enhance an existing system for
receiving, investigating, mediating, or otherwise resolving consumer
complaints against funeral homes, cemeteries, crematories and
other death care providers; or
(6) to implement a new system or enhance an existing system for
enforcing State regulations governing the operation and practices
of funeral homes, cemeteries, crematories and other death care
providers-
(b) ELIGIBILITY-
(1) IN GENERAL> - To be eligible for a grant under this section a State
agency described in subsection (a) shall
(A) submit an application for such grant to the Director of the
Office for approval;
(B) certify to the Director that such agency is a unit of State
government that is responsible for registering! inspecting
and monitoring funeral homes, cemeteries, crematories or
other death care providers within the State: and
(C) maintain compliance with the standards and requirements
established under section 103.
(2) APPLICATION! - An application for a grant under this section shall
be submitted at such time, in such form, and containing such information as the
Director of the Office may. by regulation or guideline, prescribe- Such application shall
include a long-term strategy for the use of grant funds and a detailed implementation
program that reflects consultation with representatives from the death care industry and
consumers of death care services in the State and a consideration of a statewide
strategy for protecting the interest of such consumers.
(c) TECHNICAL ASSISTANCE. - The Director of the Office may provide
technical assistance and training to a grantee under this section to assist and measure
the effectiveness and performance of programs funded under this section,
(d) GRANT PERIOD. A grant under this section shall be made for a period
not to exceed 3 years, but may be renewed on such terms as the Director of the Office
may require.
(e) NONSUPPLANTING REQUIREMENT. ~ Amounts made available under
a grant under this section shall be used to supplement and may not be used to supplant
State or local funds used to carry out activities of the type provided for under this
section.
(f) FEDERAL SHARE. - The Federal share of a grant made under this
section shall not exceed -
(1) for the first fiscal year for which a grantee receives assistance
under the grant; 75 percent of the total costs of carrying out the program under the
grant; and
(2) for the second and subsequent fiscal years for which a grantee
receives assistance under the grant> 50 percent of the total costs of carrying out such
program>
(g) ADMINISTRATIVE COSTS« - A grantee may use not to exceed 10
percent of the amounts received under a grant under this section for administrative
expenses, including expenses incurred in preparing reports.
REPORTS. -
(1) STATE REPORTS. A State agency or organization that receives
a grant under this section shall submit to the Director of the Office, at such times and in
such format as the Director may require, a report that contains
(A) a summary of the activities carried out under the grant;
(B) an assessment of the effectiveness of such activities in achieving
ongoing compliance with the standards formulated pursuant to section 103: and
(C) such other information as the Director may require.
(2) REPORT TO CONGRESS. Not later than 90 days after the end of each
fiscal year for which grants are made under this section. the Director of the Office shall
submit to the appropriate committees of Congress a report that includes
(A) a list of the aggregate amount of grants made under this section to
each State agency or organization for such fiscal year, and
(B) an independent evaluation of the effectiveness of the programs
that received funding under this section in achieving ongoing compliance with the
standards formulated pursuant to section 103.
(i) REGULATIONS. ETC.- The Secretary of Health and Human Services
shall issue such rules. regulations, guidelines. and instructions, as may be necessary to
carry out this section-
SEC 103« STANDARDS FOR STATE REGULATION OF DEATH CARE PROVIDERS^
(a) ESTABLISHMENT-» Not later than 180 days after the date of enactment
of this Act, the Director of the Office shall establish minimum standards and
requirements with respect to the State registration, inspection and monitoring of funeral
homes, crematories, cemeteries, and other death care providers, including »
(1) the registration or licensing of each funeral home; cemetery.
crematory or other death care provider with the unit of State
government charged with the inspection and monitoring of such
provider.
(2) the physical inspection, on at least an annual basis, of the places
of operation of each funeral home, cemetery, crematory or other
death care provider which handles human remains in the State, by
a State inspector to determine compliance with State regulations;
(3) record keeping procedures and annual reporting by each funeral
home» cemetery, crematory or other death care provider to the unit
of State government charged with inspecting and monitoring of
such provider;
(4) the licensing of death care facilities;
(5) the inspection of death care facilities;
(6) the receipt, investigation, mediation or other resolution of consumer
complaints directed at funeral homes. cemeteries» crematories or
other death care providers operating in the State;
(7) witnessing;
(8) the enforcement of State regulations governing the operation and
practices of funeral homes» cemeteries, crematories or other death
care providers in the State-
(9) other matters determined appropriate by the Director-
(b) NONCOMPLIANCE- - The Director of the Office shall not award a grant
under section 102 to a State agency that fails to comply with the standards and
requirements promulgated by the Secretary under subsection (a).
TITLE 11 - DISCLOSURE RULES FOR FUNERAL INDUSTRY
SEC. 201 > SHORT TITLE; ADMINISTRATION!
This title may be cited as the "Death Care Industry Disclosure Act"
SEC.202» DEFINITIONS-
In this title:
(1) ALTERNATIVE CONTAINER. - The term alternative container- means
an unfinished wooden box or other nonmetal receptacle or enclosure, without
ornamentation or a fixed interior lining, which is designed for the^encasement of human
remains and which is made of fiberboard. pressed-wood. composition materials (with or
without an outside covering) or similar material
(2) CASH ADVANCE ITEM. - The term -cash advance item" means any item
of service or merchandise described to a purchaser as a cash advance.
accommodation, cash disbursement, or similar term, A cash advance item includes
any item obtained from a third party and paid for by the funeral provider on the
purchaser's behalf- Cash advance items include cemetery or crematory services.
pallbearers^ public transportation, clergy honoraria, flowers, musicians, singers, nurses,
permit fees, obituary notices, gratuities, and death certificates.
(3) CASKET. - The term "casket means a rigid container which is designed
for the encasement of human remains and which is usually constructed of wood, metal,
fiberglass, plastic, or like material, and ornamented and lined with fabric.
(4) COMMISSION. ~ The term "Commission" means the Federal Trade
Commission.
(5) CREMATION. - The term -"cremation" means a heating process which
incinerates human remains.
(6) CREMATORY- - The term "crematory" means any person, partnership, or
corporation that performs cremation-
(7) DECEPTIVE PRACTICE- The term -deceptive practice^ means an unfair
or deceptive act or practice in or affecting commerce that violates section 5(a) of the
Federal Trade Commission Act (15 U-S.C- 45(a)).
(8) DIRECT CREMATION- - The term "direct "cremation" means a disposition
of human remains by cremation without formal viewing, visitation, or ceremony with the
body present.
(9) FUNERAL CEREMONY. ~ The term funeral ceremony™ means a service
commemorating a deceased person that occurs with the deceased's body present
(10) FUNERAL GOODS. ~ The term 'funeral goods' means goods which are
sold or offered for sale directly to the public for use in connection with funeral services.
(11) FUNERAL PROVIDER. - The term -funeral provider" means any person
partnership, or corporation that sells or offers to sell funeral goods or funeral services.
(12) FUNERAL SERVICES. - The term -funeral services- means any services
which may be used to
(A) care for and prepare deceased human bodies for burial, cremation,
or other final disposition;
(B) arrange, supervise, or conduct the funeral ceremony or the final
disposition of deceased human bodies:
(C) funeral services include services provided by funeral directors,
morticians, cemeterians, cremationists, and memorial retailers.
(13) IMMEDIATE BURIAL The term -immediate burial" means a disposition
of human remains by burial, without formal viewing, visitation or ceremony with the
body present, except for a grave side service.
(14) MEMORIAL SERVICE- - The term -memorial service- means a ceremony
commemorating the deceased without the body present
(15) MEMORIAL RETAILER - The term memorial retailer- means a person who
sales or offers to sell to the public any memorial intended to mark the internment of
location of human remains.
(16) OUTER BURIAL CONTAINER. - The term -outer burial container" means
any container which is designed for placement in the grave around the casket including.
but not limited to, containers commonly known as burial vaults, grave boxes, and grave
liners.
(17) PRENEED CONTRACT.- The term "preneed contract means a funeral
contract arranged for and paid, in part or in full, prior to an anticipated death.
(18) PURCHASER OF FUNERAL GOODS OR FUNERAL SERVICES.-The term
"purchaser of funeral goods or funeral services" means any person™
(A) who purchases funeral goods or funeral services from a funeral
provider: or
(B)who contacts a funeral provider, in any manner, including in
person, by telephone, by mail, or electronically, to obtain information
related to purchasing funeral goods or funeral services.
(19) REQUEST FOR INFORMATION RELATED TO FUNERAL GOODS OR
FUNERAL SERVICES.-The term 'request for information related to funeral
goods or funeral services" means any inquiry made by any person to a funeral
provider for information related to such goods or service- Such request may be
made in person, in writing, by telephone, or electronically-
SEC» 203« PRICE DISCLOSURES^
(a) DECEPTIVE PRACTICES &emdash;
(1) IN GENERAL In selling or offering to sell funeral goods or funeral
services to the public, it is a deceptive practice for a funeral provider to fail to
provide the purchaser of funeral goods or funeral services accurate information
regarding the cost to the purchaser of such goods or services, including the cost
of-
(A) embalming;
(B) transportation of remains;
(C) the use of facilities;
(D) staff attendance at meetings; gatherings, or services;
(E) equipment usage or rental;
(F) casket;
(G) outer burial container;
(H) immediate burials:
(I) direct cremations;
(J) insurance or benefit processing fee-
(K) Internment rights
(L) Opening and closing charges
(M) Monuments. markers, or memorials
(2) EXCEPTION.-lf a funeral provider complies with the preventive requirements
described in subsection (b)i the funeral provider shall not be treated as engaging
in deceptive practices^
(b) PREVENTIVE REQUIRE ME NTS--In order to prevent deceptive practices
under this section and deceptive practices defined in section 205(b)(1)« a funeral
provider shall take the following action:
(1) CASKET PRICE LIST-
(A) IN GENERAL-Upon receiving a request for information related to
funeral goods or funeral services, a funeral provider shall provide for retention by
the person inquiring a printed price list of caskets and alternative containers.
The Seller must deliver the list at the first opportunity, but in any event before
selling, showing or making any representation about any casket The list shall
contain at least the retail prices of all caskets and alternative containers, enough
information to identify each casket and alternative container including the
material of construction, and the effective date of the price list. In lieu of a written
list. other formats, such as notebooks, brochures, or charts may be used if they
contain the same information as would the printed or typewritten list and display
the information in a clear and conspicuous manner, If the request for information
is made by telephone, the funeral provider shall provide orally the same
information as is on the printed or typewritten list. At the request of the person
inquiring, the funeral provider shall make the information available by facsimile
transmission. When available to both, electronic means may be used for
transmission.
(B) EXCEPTION,~»A funeral provider is not required to provide a casket
price list described in subparagraph (A), if the funeral provider provides the
information on a general services and price list described in paragraph (4) and
the general services and price list contains the name of the funeral provider's
place of business and a caption describing the list as a ^casket price list."'
(2) OUTER BURIAL CONTAINER PRICE LIST-
(A) IN GENERAL-~-Upon receiving a request for information related to
funeral goods or funeral services; a funeral provider shall provide to the person
inquiring a printed price list of outer burial containers, if available for sale« The
Seller must deliver the list at the first opportunity, but in any event before selling,
showing or making any representation about any outer burial container- The list
shall contain at least the retail prices of all outer burial containers offered enough^
information to identify each container and its construction material, and the
effective date of the prices listed- In lieu of a written list, other formats, such as
notebooks, brochures, or charts may be used, if they contain the same
information as would the printed list and display the information in a clear and
conspicuous manner If the request for information is made by telephone, the
funeral provider shall provide orally the same information as on the printed or
typewritten list At the request of the person inquiring, the funeral provider shall
make the information available by facsimile transmission- When available to both
the seller and the purchaser, electronic means may be used for transmission
(B) EXCEPTION.-A funeral provider is not required to provide an outer
burial container price list described in subparagraph (A) if the funeral provider
provides the information on the general services and price list described in
paragraph (4) and the general services and price list contains the name of the
funeral provider's place of business and a caption describing the list as an "outer
burial container price list,11
(3) GENERAL SERVICES AND PRICE LIST&emdash;
(A) IN GENERAL.&emdash;
(i) GOODS AND SERVICES.-Upon receiving a request for
information related to funeral goods or funeral services, a funeral provider
shall provide a list that may be retained by the person inquiring and that
contains the following information:
(I) The prices of all funeral goods or funeral services offered.
(II) The name, address, and telephone number of the funeral
provider's place of business.
(Ill) A caption describing the list as a "general services and
price list/*
(IV) The effective date for the price list
(V) A statement, conspicuously located on the sales contract
or invoices which reads: "For information on the purchase of
funerals and consumer rights or to file a complaint you may
contact:11 followed by the name, address, phone number
and other relevant contact information for the state agency
or agencies responsible for handling consumer inquires and
complaints pertaining to death care service providers-
(VI) For information about veterans benefits call 1-800-XXX-
xxxx.
(ii) The Seller must deliver the list required in (i) at the first opportunity, but
in any event before selling. showing or making any representation
about any funeral goods or services.
(iii) SPECIFIC APPLICATION-The requirement of clause (i)
applies whether the discussion takes place in the funeral home or
elsewhere- However, when a deceased human body is removed for
transportation to a funeral home; an in-person request at that time for
authorization to embalm does not, by itself; trigger the requirement to offer
a general services and price list if the provider in seeking prior embalming
approval, discloses that embalming is not required by law except in certain
special cases, if any, and discloses the cost for embalming« Any other
discussion during the time of removal regarding prices or the selection of
funeral goods or services requires compliance with the requirement of
clause (i).
(B) OTHER INFORMATION.-The general services and price list shall include, in
any order, the retail prices (expressed either as the flat fee or as the price
per hour. mile, or other unit of computation) for the items described in
clauses (i) through (xviii) if offered for sale:
(i) Forwarding of remains to another funeral home. together with a
list of the services typically provided for the quoted price.
(ii) Receiving remains from another funeral home, together with a
list of the most limited services included-
(iii) The price range for the direct cremations offered by the funeral
provider, together with-
(I) a separate price for a direct cremation where the
purchaser provides the container;
(II) separate prices for each direct cremation offered
including an alternative container.
(Ill) a description of the services and container (where
applicable) included in each price: and
(IV) the estimated cost of the crematory > or range of costs,
including any cremation permits for which there is a charge if not
included in the package price.
(iv) The price range for the immediate burials offered by the funeral
provider, together with-
(I) a separate price for an immediate burial where the
purchaser provides the casket;
(II) separate prices for each immediate burial offered
including a casket or alternative container; and
(III) a description of the services and container (where
applicable) included in that price.
(v) Transfer of remains to the funeral home.
(vi) Embalming«
(vii) Other preparation of the body. including a description.
list of the most limited services included-
(iii) The price range for the direct cremations offered by the funeral
provider, together with-
(I) a separate price for a direct cremation where the
purchaser provides the container;
(II) separate prices for each direct cremation offered
including an alternative container.
(Ill) a description of the services and container (where
applicable) included in each price: and
(IV) the estimated cost of the crematory > or range of costs,
including any cremation permits for which there is a charge if not
included in the package price.
(iv) The price range for the immediate burials offered by the funeral
provider, together with-
(I) a separate price for an immediate burial where the
purchaser provides the casket;
(II) separate prices for each immediate burial offered
including a casket or alternative container; and
(III) a description of the services and container (where
applicable) included in that price.
(v) Transfer of remains to the funeral home.
(vi) Embalming«
(vii) Other preparation of the body. including a description.
hour charge-
(5) STATEMENT OF FUNERAL GOODS AND SERVICES
SELECTED.-A funeral provider shall give an itemized written statement for
retention to each purchaser of funeral goods or funeral serv/ices subject to the
provisions of section 211, at the conclusion of the discussion related to such
goods and services and prior to providing any services beyond taking possession
of the body or authorized embalming- The statement shall include the following
information:
(A) The funeral goods and funeral services selected by that purchaser and
the prices to be paid for each good or service-
(B) A specific itemization of cash advance items to the extent then known
or reasonably ascertainable- If the prices are not known or reasonably
ascertainable, a good faith estimate shall be given and a written statement that
the actual charges shall be provided before the final bill is paid-
(C) The total cost of the goods and services selected-
The information required by this paragraph may be included on any contract.
statement, or other document which the funeral provider would otherwise provide
at the conclusion of a discussion related to funeral goods or funeral services,
(6) OTHER PRICING METHODS-A funeral provider may give a
purchaser of funeral goods or services any other price information, in any other
format, in addition to that required by paragraphs (2). (3), and (4) provided that
the statement required by paragraph (5) is provided-
SEC« 204- MISREPRESENTATIONS
(a) EMBALMING.-
(1) DECEPTIVE PRACTICES^ ln selling or offering to sell funeral goods
or funeral services to the public; it is a deceptive practice for a funeral provider
to&emdash;
(A) represent that State or local law requires that a deceased
person be embalmed when such is not the case; or
(B) fail to disclose that embalming is not required by law except in
certain special cases» if any>
(2) PREVENTIVE REQUIREMENTS-To prevent the deceptive practice
described in paragraph (1)« as well as the deceptive practices defined in sections
205(b)(1) and 206(a)(1). a funeral provider may-
(A) not represent that a deceased person is required to be
embalmed for-
(i) direct cremation:
(ii) immediate burial; or
(iii) a dosed casket funeral without viewing or visitation when
refrigeration is available and when State or local law does not
require embalming; and
(B) place the disclosure described in paragraph (3) on the general
services and price list, required by section 203(b)(4)i in immediate
conjunction with the price shown for embalming»
(3) DISCLOSURE DESCRIBED »The disclosure described in this
paragraph is the following: "Except in certain special cases< embalming is not
required by law. Embalming may be necessary, however, if you select certain
funeral arrangements, such as a funeral with viewing^ If you do not want
embalming, you usually have the right to choose an arrangement that does not
require you to pay for it. such as direct cremation, immediate burial, or other
timely disposition- The phrase "except in certain special cases" shall not be
included in the disclosure if State or local law in the area where the provider
does business does not require embalming under any circumstances.
(b) CASKET FOR CREMATION PROVISIONS.-
(1) DECEPTIVE PRACTICES.- ln selling or offering to sell funeral goods
or funeral services to the public; it is a deceptive practice for a funeral provider
to&emdash;
(A) represent that State or local law requires a casket for direct
cremation: or
(B) represent that a casket is required for direct cremations.
(2) PREVENTIVE REQUIREMENTS.-To prevent the deceptive practice
described in paragraph (1)i as well as the deceptive practices defined in section
205(a)(1)i a funeral provider shall place the disclosure described in paragraph
(3) in immediate conjunction with the prices shown for direct cremations-
(3) DISCLOSURE DESCRIBED-The disclosure described in this
paragraph is the following: ^If you want to arrange a direct cremation, you can
use an alternative container. Alternative containers encase the body and can be
space being filled with a description of the container and its construction- The
disclosure only has to be placed on the general services and price list if the
funeral provider arranges direct cremations,
(c) OUTER BURIAL CONTAINER PROVISIONS -
(1) DECEPTIVE PRACTICES-In selling or offering to sell funeral goods
or funeral services to the public, it is a deceptive practice for a funeral provider
to&emdash;
(A) represent that State or local law or regulation or a particular
cemetery, requires outer burial containers when that is not the case: or
(B) fail to disclose to a person arranging a funeral that State law
does not require the purchase of an outer burial container.
(2) PREVENTATIVE REQUIREMENT.-To prevent the deceptive practice
described in paragraph (1). a funeral provider shall place the disclosure
described in paragraph (3) on the outer burial container price list« required by
section 203(b)(3)(A), or. if the prices of outer burial containers are listed on the
general services and price list. required by section 203(b)(4)> in immediate
conjunction with those prices.
(3) DISCLOSURE DESCRIBED-The disclosure described in this
paragraph is the following; "In most areas of the country; State or local law does
not require that you buy a container to surround the casket in the grave-
However, many cemeteries require that you have such a container so that the
grave will not sink in. Either a grave liner or a burial vault will satisfy these
requirements. "The phrase -in most areas of the country" shall not be included in
this disclosure if State or local law in the area where the provider does business
does not require a container to surround the casket in the grave_
(d) GENERAL PROVISIONS ON LEGAL AND FUNERAL PROVIDER
BUSINESS REQUIREMENTS &emdash;
(1) DECEPTIVE PRACTICES-In selling or offering to sell funeral goods
or funeral services to the public, 'it is a deceptive practice for a funeral provider to
represent that Federal. State, or local law requires the purchase of any funeral
goods or funeral services if that is not the case>
(2) PREVENTIVE REQUIREMENTS-To prevent the deceptive practice
described in paragraph (1) as well as the deceptive practices described in
subsections (a)(1), (b)(1), and (c)(1), a funeral provider shall identify and briefly
describe in writing on the statement of funeral goods and funeral services
selected any legal requirement which the funeral provider represents to a person
as compelling the purchase of funeral goods or funeral services for the funeral
which that person is arranging.
(e) PRESERVATIVE AND PROTECTIVE VALUE CLAIMS-
(1) DECEPTIVE PRACTICES-ln selling or offering to sell funeral goods
or funeral services/ices to the public, it is a deceptive practice for a funeral provider
to&emdash;
(A) misrepresent the ability of funeral goods or funeral services to
delay the natural decomposition of human remains for a long-term or
indefinite time; or
(B) represent that funeral goods have protective features or will
protect the body from grave site substances, if such goods will not do so>
(2) PREVENTATIVE REQUIREMENTS-To prevent the deceptive
practice described in paragraph (1). a funeral provider shall place on the casket
price list the disclosure in paragraph (3).
(3) DISCLOSURE DESCRIBED-The disclosure in this paragraph is the
following: There is no scientific or other evidence that any casket with a sealing
device will preserve human remains."
(f) CASH ADVANCE PROVISIONS ~
(1) DECEPTIVE PRACTICES.-ln selling or offering to sell funeral goods
or funeral services/ices to the public, it is a deceptive practice for a funeral provider
to&emdash;
(A) represent that the price charged for a cash advance item is the
same as the cost to the funeral provider for the item when such is not the
case; or
(B) fail to disclose to a person arranging a funeral that the price
being charged for a cash advance item is not the same as the cost to the
funeral provider for the item when such is the case.
(2) PREVENTIVE REQUIREMENTS.-To prevent the deceptive practice
described in paragraph (1). a funeral provider shall place the following statement
in the itemized statement of funeral goods and funeral services/ices selected, in
immediate conjunction with the list of itemized cash advance items required by
section 203(b)(5)(B):
(A) ^We charge for our services in obtaining _________.n;
with the blank space being filled with a list of cash advance items» if the
funeral provider marks up the price for or receives and retains a rebate»
commission, or trade or volume discount on a cash advance item-
(B) ^You have the right to arrange for the purchase of these items
on your own behalf.11
SEC. 205» REQUIRED PURCHASE OF FUNERAL GOODS OR FUNERAL
SERVICES.
(a) CASKET FOR CREMATION PROVISIONS &emdash;
(1) DECEPTIVE PRACTICES.-ln selling or offering to sell funeral goods
or funeral services to the public, it is a deceptive practice for a funeral provider,
or a crematory, to require that a casket be purchased for cremation or other body
disposition!
(2) PREVENTIVE REQUIREMENT - In addition to a selection of caskets,
a funeral provider shall make at least one type of alternative container available
for body disposition-
(b) OTHER REQUIRED PURCHASES OF FUNERAL GOODS OR FUNERAL
SERVICES™
(1) DECEPTIVE PRACTICES-In selling or offering to sell funeral goods
or funeral services to the public, it is a deceptive practice for a funeral provider
to&emdash;
(A) condition the furnishing of any funeral good or funeral service to
a person arranging a funeral on the purchase of any other funeral good or
funeral service, except as required by law or as otherwise permitted by
this title«
(B) charge any fee as a condition to furnishing any funeral goods or
funeral services to a person arranging a funeral, other than the fees for&emdash;
(i) specific funeral services and funeral goods selected by the
purchaser; or
(ii) other funeral goods or funeral services required to be
purchased, as explained on the itemized statement in accordance
with section 204(d)(2),
(2) PREVENTIVE REQUIREMENTS&emdash;
(A) To prevent the deceptive practice described in paragraph (1)> a
funeral provider shall-
(i) place the disclosure described in subparagraph (B)(i) in
the general services and price list; immediately above the prices
required by section 203(b)(4); and
(ii) place the disclosure described in subparagraph (B)(ii) in
the statement of funeral goods and services selected, required by
section 203(b)(5)(A)-
(B)(i) The disclosure described in this clause means the following:
The goods and services shown below are those we can provide to our
customers. You may choose only the items you desire- If legal or other
requirements mean you must buy any item you did not specifically ask for«
we will explain the reason in writing on the statement we provide
describing the funeral goods and services you selected
(ii) The disclosure described in this clause means the following:
'Charges are only for those items that you selected or that are required. If
we are required by law or by a cemetery or crematory to use any items,
we will explain the reasons in writing below/.
(C) EXCEPTION.-A funeral prouder shall not be treated as
violating this paragraph, if the provider fails to comply with a request for a
combination of goods or services which would be impossible, impractical,
or excessively burdensome to provide
SEC. 206, SERVICES PROVIDED WITHOUT PRIOR APPROVAL.
(a) DECEPTIVE PRACTICES&emdash;
(1) IN GENERAL-ln selling or offering to sell funeral goods or funeral
services to the public, it is a deceptive practice for a funeral provider to embalm a
deceased human body unless&emdash;
(A) State or local law or regulation requires embalming in the
particular circumstances regardless of any funeral choice which the family
might make:
(B) prior approval for embalming has been expressly obtained from
a family member or other authorized person;
(C) the funeral provider is unable to contact the family member or
other authorized person after exercising due diligence and reasonably
believes the family wants embalming performed; or
(D) refrigeration is necessary and is not available in the community
where the provider does business.
(2) DISCLOSURE REQUlRED.-ln seeking approval as required by
paragraph (1 )(B)» the funeral provider shall disclose that a fee will be charged if
the family or other authorized person selects a funeral which requires
embalming, such as a funeral with a public or private viewing» and that no fee will
be charged if the family or other authorized person selects a services/ice which does
not require embalming, such as direct cremation or immediate burial.
(b) PREVENTIVE REQUIREMENT-To prevent the deceptive practice described
in subsection (a), a funeral provider shall include on the itemized statement of funeral
goods and services selected, required by section 203(b)(5), the following statement ^If
you selected a funeral that may require embalming, such as a funeral with viewing; you
may have to pay for embalming. You do not have to pay for embalming you did not
approve if you selected arrangements such as a direct cremation or immediate burial. If
we charged for embalming; we will explain why below/
SEC. 207. RETENTION OF DOCUMENTS.
A funeral provider shall retain and make available for inspection by the
Commission true and accurate copies of&emdash;
(1) the price lists specified in section 203(b)(2) through (4) for at least 1
year after the date of the last distribution to customers; and
(2) a copy of each statement of funeral goods and services selected, as
required by section 203(b)(5)» for at least 1 year from the date of arranging a
funeral or memorial services«
SEC. 208. COMPREHENSION OF DISCLOSURES.
A funeral provider shall make all disclosures required by sections 203 through
206 and 209 in a clear and conspicuous manner using type at least 12 points or larger
in size. A funeral provider shall not include in the casket; outer burial container, and
general services and price list. required by sections 203(b)(2) through (4), any
statement or information that alters on contradicts the information required by this title
to be included in those lists-
SEC, 209. DECLARATION OF INTENT-
(a) IN GENERAL.-A violation of this title, or the failure to comply with any of the
preventive requirements specified in this title, shall be a deceptive practice-
(b) EXCEPTION.-This title does not apply to the business of insurance or to acts
in the conduct thereof.
SEC- 210. MANDATORY DISCLOSURES FOR PARTICULAR PRODUCTS-
(a) SEALER CASKETS.-To prevent deceptive practices, a funeral provider shall
place the following sentence in a conspicuous manner in any contract for the sate of a
sealer casket This product is not designed or intended to preserve human remains,
and may under certain circumstances accelerate the decomposition of the body.11
(b) OTHER PROHIBITED SALES PRACTICES-Each of the following sales
practices shall be a deceptive practice:
(1) Unsolicited telephone offers to sell funeral goods, funeral services,
crematory services, interment rights, or other cemetery and memorialization
goods and services,
(2) Door-to-door direct offers to sell funeral goods, funeral services/ices.
crematory services, interment rights, or other cemetery and memorialization
goods and services.
(c) IDENTIFICATION OF AFFILIATION »A person who is an
operator, funeral provider, funeral director, embalmer, or memorial dealer
shall&emdash;
(1) state the person's affiliation with any publicly traded
company in all contracts and on all business letterhead, advertising,
and marketing materials; and
(2) state the person's licensed business location in all
directories, advertising and marketing materials in which offsite
telephone numbers are used.
SEC. 211« CONSUMER PROTECTIONS IN PRE-NEED AND PREPAID
FUNERAL SERVICE TRANSACTIONS,
The following shall apply to all prepaid contracts:
(1) Prepaid contracts shall conform to all applicable Federal
and State statutes and regulations.
(2) Prepaid contracts shall be written in plain English, and
clearly state the merchandise and services that purchasers are
buying and their prices. Use of legal or industry-specific jargon shall
be avoided to the extent possible.
(3) Charges for funeral goods or funeral services shall be
itemized- The itemization shall be in greater detail than just a
recitation of the prices. It shall include a complete description of the
services/ices to be rendered and an unambiguous description of the
merchandise to be delivered-
(4) When prices of merchandise or services to be delivered in
the future are not guaranteed, or an additional payment may be
required in the future, a statement to that effect shall be included in
the prepared contract and initialed by the purchaser
(5) The contract must dearly state what happens if
merchandise is not available at delivery time and substitution is
necessary- The description of the merchandise shall be sufficiently
complete for the person authorized to make funera arrangements to
make a decision, based on objective criteria, about the
comparability of a needed substitution
(6) No substitution shall be made without the consent of the
purchaser, or upon the purchaser's death, the person authorized to
make funeral arrangements. A prepaid contract must contain a
provision, which is initialed by the purchaser, either prohibiting any
changes, or, alternatively, specifying what instructions could be
modified and by whom.
(7) There shall be an explanation of how the purchaser's
funds will be protected to assure the seller's performance in
compliance with the prevailing prepaid contract law. The name of
the institution where funds will be deposited in escrow must be
disclosed. The buyer must receive an annual report from the escrow
agent. An administrative fee» not to exceed 1 % of the contract may
be withdrawn annually by the escrow agent.
(8) The prepaid contract shall provide for cancellation and
refund or transfer of the contract with no loss of benefits paid by the
purchaser along with accrued interest,
(9) A prepaid contract may be made irrevocable only when
the beneficiary will be applying for Medicaid or other social benefits
within the next six months- The irrevocability of the prepaid contract
shall not affect the right of the purchaser to change the provider.
(10) Copies of the prepaid contract and supplemental
material, such as information on credit life insurance and transfer or
exchange plans, shall be provided to the purchaser at the time of
s
the preneed sale.
(11) Copies of the prepaid contract and at-need
documentation shall be provided to the person authorized to make
the final funeral arrangements at the time of death to ensure that
the merchandise and services match those specified in the prepaid
contract. A list of items substituted shall be in writing and included in
the at-need documentation.
(12) Copies of all prepaid contracts and at-need
documentation shall be retained by the seller for a period of one
year after performance of the contract.
SEC. 212 « CONSUMER DISCLOSURES IN PREPAID
CONTRACTS.
(a) ESTABLISHMENT. - Not later than 365 days after the
date of enactment of this Act, the Commission of the Office shall
establish minimum standards and requirements with respect to
State mandated consumer disclosures in prepaid contracts for the
purchase of funeral, cemetery or crematory goods or services.
including -
(1) basic information identifying the seller, the purchaser,
the entity that will provide the goods and services (if
different from the seller), the prices of the goods and
services being purchased on an itemized basis, and
the total price of the purchase;
(2) funding information disclosing where; how and with
whom the prepaid funds will be deposited and
invested« and what portion of the prepaid funds, if any,
will be paid to the seller prior to the performance of the
contract;
(3) price and payment disclosures regarding to what
extent the prices of the goods and services are
guaranteed or not guaranteed, who is responsible for
any payment shortfalls, and who is entitled to receive
excess funds: and
(4) cancellation and transfer information disclosing
whether the consumer may cancel or transfer the
prepaid contract, the method for exercising such
rights, the amount of revocation or transfer fees» if
any< retained by the seller, and safeguards for the
consumer if the seller is unable to provide the goods
and services in the contract
SEC. 2-13 PRIVATE RIGHT OF ACTION- In addition to
the remedies identified in the Federal Trade
Commission Act (15 U.S.C. 41 et seq«). A
person who is injured by a violation of this title
may commence a civil action against the funeral
provider. Such person shall be entitled to
recover the greater of actual damages or
$5,000 for each violation proved by a
preponderance of the evidence.
SEC, 214 ENFORCEMENT BY THE FTC.
The Commission may .
SEC. 215, ADMINISTRATION AND RULEMAKING.
(a) ADMINISTRATION - The provisions of this title
shall be administered by the Commission-
(b) IN GENERAL. ~ Notwithstanding any other
provision of law> the Commission may prescribe rules
in accordance with section 553 of title 5, United States
Code (commonly known as the "Administrative
Procedure Act) to carry out the provisions of this title.
SEC» 216. STATE EXEMPTIONS.
A provision of this title, or a regulation issued by the
Commission pursuant to this title shall not be in effect
in a State if -
(1) the appropriate State agency requests
such provision or regulation not be in effect in the
State:
(2) there is a State requirement in effect that
applies to a transaction which the provision or
regulation applies;
(3) the State requirement affords an overall
level of protection to consumers that is equal to or the
exceeds the level of protection afforded by the
provision or regulation; and
(4) the Commission determines that the
State is administering and enforcing the State
requirement in a manner that affords a of protection to
consumers that is equal to or exceeds the level of
protection afforded by the Commission's enforcement
of the provisions or regulations.
END OF SCANNED FILE FROM SENATOR DODD FAX 03OCT02 6:05PM
You are welcome, to write us with your comments, suggestions, complaints and especially stories about funeral service. Please remember only FSPA members will have information posted in the weekly update, it's easy click here ---> Mailto:Lowellma@aol.com Your participation is appreciated and essential.
FUNERAL SERVICE PROFESSIONAL ASSOCIATION does not share membership info with anyone, no one will be given your information with out your permission or a court order.
To Join the Funeral Service Professional Association you must derive some of your income from the funeral industry, students and retirees from the funeral profession are welcome as well, please e-mail the following information.
If you skip answering one of the seven questions, you are wasting your time, the standards are the same for everyone, FSPA is open to everyone in funeral service, we are all equals here no exceptions, FSPA will not tell anyone who you are unless you request your identity be disclosed, FSPA is only open to any type of Funeral Service Professional, or Funeral Service Affiliate such as: Funeral Association employees, Mortuary School Students, Funeral Service product providers and Funeral Service Media.
Accountants will tell you FSPA is a write off ! Please check with your accountant. If s/he approves Go get yourself a nice laptop and possibly write off your hardware as well as AOL or other Internet service charge as an expense, the more your participate in FSPA the more proof you have.
If you have a suggested question this please just send it along, none of FSPA 's mail will be possible with out your sending information into us,
To make life easier on me
First and foremost, Send your info or story in to FSPA.
2nd Please put on the top line your name and location, like "John from Massachusetts writes :"
3rd please address the subject line put:
This is just a hobby, if you send and don't address the subject line with FSPA, it usually delete it because it looks like junk mail, FSPA get over 50 pieces of mail a day, most gets deleted, THE SUBJECT LINE is the key so please, use the subject line properly. Put FSPA in the Subject line along with the flavor of your message.
PLEASE PLEASE PLEASE the posting(s) you send are some times resent to others be careful, if you are proud of what you said and want the world to know how you feel Put your name, location and e-mail address at the end.
However If you don't want the world to know your ideas and you want to remain anonymous, just put name withheld at the end. FSPA does not reveal who its members are nor does FSPA lend it's list of members to others. There is no need to identify yourself. If you are not proud of your response (like the air line lost a body on us) it is not recommended you identify yourself, since we can all learn from problems. We need your input! Your answers go all over the place, E-mail is so easy to forward. We are happy to learn from your problems and issues, there is no need to identify yourself if you don't want to, South Western United States if just fine.
If the article you want is from a commercial publisher YOU MUST get permission from the person or company who created the story.
Because e-mail can be altered electronically, the integrity of this communication cannot be guaranteed. Any of the items you read here, you are free to reuse, understand, the postings are just that, the items are for the most part cut and pasted from E-mail, others FAXed and of course from funeral publications and other media. What you see here is never checked, if you do decide to republish or quote any thing FSPA puts out, check it out, please do not name the individual who sent the article without their permission. If you see fit to use any information from FSPA please give us credit. Ages ago a state association news letter posted a quote using the senders name, she was not a happy camper nor was her company, please use caution in the future. We appreciate your understanding and we need your support.
Consider these steps for your life.
1. Work like you don't need the money.
2. Love like you've never been hurt.
3. Dance like you do when nobody's watching.
C YA
John
BOTTOM LINE: WE ALL WORK FOR THE BETTERMENT OF FUNERAL SERVICE PROFESSION AND THE DEATH CARE INDUSTRY THE CONSUMERS WE SERVE AND THE PROFESSIONALS WE WORK WITH. IF YOU SEE ANYTHING WRONG, IF SOMETHING HERE REALLY OFFENDS YOU, LET'S WORK TOGETHER. PLEASE NOTIFY FSPA IMMEDIATELY, YOU CAN E-MAIL TO lowellma@aol.com Or call FSPA in the United States Voice 978-458-6816 Fax 978-459-0115 or the old fashioned way through the mail at FSPA c/o 14 Highland Street Lowell, Massachusetts 01852-3399 USA
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