Mortuary Law Chapter 14 Flashcards
Funeral Rule Facts
-In 1984, the Federal Trade Commission (FTC) out the Funeral Rule into effect.- The Funeral Rule was reviewed and revised in 1994
Primary Purpose of the Funeral Rule:
- To give consumers the right to select those funeral goods and services which they wish to purchase.2. To provide consumers access to detailed, itemized price information prior to purchase decisions.3. To prevent misrepresentations and other unfair and deceptive practices in the sale of funeral goods and services.
Who must abide by the Funeral Rule?
Any entity that offers to sell or that does sell funeral goods AND funeral services.* The Rule covers only those who sell both goods and services*
General Price List:
- The cornerstone of the Funeral Rule- Given to the consumer prior to the purchase- Provides the consumer with a detailed itemized listing of the goods and services offered by the funeral home.
GPL Layout:
- The funeral home must place its name, address, phone number, the words “General Price List” and the effective date of the GPL.- Must have the itemization of 16 Goods and Services
The 16 Goods and Services that must be separately itemized on the GPL:
- Basic Services of Funeral Director and Staff2. Embalming3. Other Preparations of the Body4. Services and Facility for Viewing5. Services and Facilities for Funeral Ceremony6. Services and Facilities for Memorial Service7. Service and Equipment for Graveside Service8. Transfer of Remains to Funeral Home9. Hearse10. Limousine11. Casket Price Range12. Outer Burial Container Price Range13. Forwarding of Remains14. Receiving Remains15. Direct Cremations16. Immediate Burials
Rules for the Mandatory Disclosures on the GPL:
-Must appear on the GPL in the exact wording which is provided in the sample model.-Must be printed in a clear and conspicuous manner- Should not appear in smaller type than the other printed materials on the GPL.
Six Mandatory Disclosures on the GPL Include:
- Choice of Goods and Services2. Non-Declinable Service Fee3. Embalming Disclosure4. Availability of Casket Price Lists5. Availability of Outer Burial Container Price Lists6. Alternative Containers for Direct Cremation
Package Funerals
-The funeral home is allowed to assemble packages of goods and services and assign one price to it.-It should not reduce the amount of its basic services fee in arriving at the discounts.-This must be offered IN ADDITION to itemized pricing
Distribution of GPL:
- Must be given for retention to individuals- GPL distribution requirement is triggered whenever the face-to-face inquiry is made.- GPL should be made to all PN consumers
Casket Price List
-Lists the retail prices of all of the caskets offered- No mandatory disclosures-Must have the name of the funeral home, the words, “Casket Price List” and the effective date.-Does not have to be offered to consumers for their retention.
Distribution of CPL:
Must be presented to consumers upon the commencement of a face-to-face discussion about offerings on the CPL or the price of those offerings.
Outer Burial Container Price List
-Must have the name of the funeral home, the words, “Outer Burial Container Price List”, and the effective date.- Listing of all of the OBC that the funeral home regularly offers (if the FH does not offer it, they do not have to list it)
Mandatory Disclosure for OBCPL:
Informs consumers that the Outer Burial Containers are not generally required by law, although many cemeteries make them mandatory.
Distribution of OBCPL:
-Whenever there is a discussion of outer burial containers.-Should be given to consumers prior to the funeral director showing any displays or models.