Death Care Compliance Law

Death Care Compliance Law

Preneed: A Pandora's Box of Problems

William Stalter is the founder of Stalter Legal Services and the Preneed Resource Company. Bill focuses his law practice on preneed and death care compliance, serving banks, funeral homes, crematories, and cemeteries. He has written multiple published articles

Tag Archives: sb1

Transferee Liability: Hidden Obligations

Posted in Missouri - SB1
The Dead Beat recently published a letter from a Missouri funeral home operator that was critical of the ‘handling of the NPS debacle’ by the Missouri State Board of Embalmers and Funeral Directors. The operator questioned how the Board could ‘allow’ his firm to sign official documents requiring that NPS contracts be honored. The official … Continue Reading

Formal Rulemaking: Missouri’s test of patience

Posted in Missouri - SB1, Preneed
At its December meeting, Missouri’s State Board of Embalmers and Funeral Directors will seek input from licensees and consumers regarding several rulemaking proposals. The proposals were published on the Board’s website in November, with a request that comments be provided to the Board by December 2nd. This represents a prelude to the formal rulemaking process … Continue Reading

Did Someone Ask “Who’s the Boss?”

Posted in Missouri - SB1, Preneed
Three years ago we asked that question with regard to the power struggle occurring between the Missouri State Board of Embalmers and Funeral Directors and the Missouri Division of Professional Registration staff. That post was influenced by our experiences with preneed regulators from other states, who range from elected politicians to the revolving door bureaucrat. … Continue Reading

The NPS Recovery Plan: two hurdles to liftoff

Posted in Missouri - SB1
On December 12th, a Missouri coalition of NPS preneed providers will have a second opportunity to state their case for legislation to establish a NPS recovery plan. As we noted back in September, that coalition should anticipate a tepid reception from the State Board of Embalmers and Funeral Directors (and much of the Missouri funeral … Continue Reading

Addressing the NPS aftermath: a hard sell

Posted in Legislation, Missouri - SB1, NPS/Lincoln
Per capita, Missouri funeral directors were hit hardest by the collapse of National Prearranged Services.  And those funeral directors who suffered the greatest losses continue to demand help from the State of Missouri.  Although Missouri re-wrote its preneed law just 3 years ago, the Legislature begins hearings today on whether more legislation is needed. With … Continue Reading

October Chaos: Missouri Preneed Seller Renewals and Insurance Assignments

Posted in Missouri - SB1, Reporting
The staff for the Missouri State Board of Embalmers and Funeral Directors released the revised preneed renewal reports this week, and those revisions include a few new additional requirements.  Those requirements include a seller providing a ‘no tax due’ letter, proof of corporate status and any ‘doing business as’ filings.  However, the new requirement that … Continue Reading

Preneed vs. Preplanning: Missouri’s blurred line

Posted in Missouri - SB1
For some Missouri funeral homes, the ‘disagreement’ over the Section 436.405.1.(8) and insurance assignments has been brought to their doorstep.  In January, the State Board and their staff debated the issue of whether insurance assignments and beneficiary designations made in favor of a funeral home should constitute a preneed contract. The State Board rejected the staff’s interpretation of the … Continue Reading

Missouri’s Examination: an idea of what to expect

Posted in Exams/audits, Missouri - SB1, Preneed
The new era of preneed exams and audits got off to a slow start in Missouri, but now there are indications the process is picking up speed.   The first notices of preneed financial examinations went out to sellers last January, and some are now going through on-site examinations.  A second wave of examination notices has gone out, and the State Board has begun preparations for … Continue Reading

Continuing the search for preneed exams

Posted in Exams/audits, Funeral, Missouri - SB1, Preneed
The Missouri State Board of Embalmers and Funeral Directors staff has some new faces, and in contrast to most rookies, these newcomers are playing pivotal roles in developing examination procedures for the state’s preneed funeral sellers. The Division of Professional Registration chose personnel with prior auditing experience, but as these ‘rookies’ are learning, there is … Continue Reading

SB340: Missouri’s 2011 Preneed Patch

Posted in Legislation, Missouri - SB1, NPS/Lincoln, Preneed
Continuing the theme that effective preneed regulation requires the occasional update, the Missouri legislature is poised to pass the first ‘patch’ to SB1, the 2009 legislation that ‘re-wrote’ Chapter 436. Senate Bill No. 340 will make four noteworthy changes to Chapter 436. Concerned that preneed sellers would use variable annuities to fund preneed contracts, Missouri’s … Continue Reading

Groundhog Day in Missouri: Preneed Exams before Spring

Posted in Exams/audits, Funeral, Missouri - SB1, Preneed, Reporting
The start of Missouri’s new era of preneed oversight began when document requests were mailed to sellers on January 3rd. Sellers were requested to provide the following documents by January 28th: · A current statement from your state or federally chartered financial institution’s authorized to exercise trust powers in Missouri of any preneed trust accounts … Continue Reading

Missouri’s Trust Funded Report: perserving self regulation

Posted in Compliance, Exams/audits, Funeral, Missouri - SB1, Preneed, Recordkeeping, Reporting
The ‘deadline’ for Missouri preneed sellers to ‘voluntarily’ report their pre-SB1 trust funded sales is a mere two weeks away. Again, this is a voluntary report. As such, missing the ‘deadline’ or failing to use the Board’s form carries no penalty to the preneed seller. So, why file? The reason expressed by one State Board … Continue Reading

Is there a light at the end of this tunnel? Missouri’s Exam Process

Posted in Exams/audits, Missouri - SB1, Preneed
The Missouri State Board of Embalmers and Funeral Directors will take another step on December 7th towards the process of defining the examination process for preneed funeral contracts. True to mantra that has been repeated over the past several months: this is a work in progress that will evolve as more is learned. The agenda … Continue Reading

An Educational Process

Posted in Funeral, Missouri - SB1, Preneed
Missouri is one of the few states that does not impose a continuing education requirement for funeral directors. Where continuing education is required, the state funeral director association typically sponsors programs that satisfy the CE requirements, and provides revenues needed to supplement the association’s budget needs. The passage of SB1 has provided the Missouri Funeral … Continue Reading

Who’s the Boss?

Posted in Exams/audits, Missouri - SB1, Reporting
That’s the question a member of the Missouri State Board asked of his staff last Wednesday during a discussion of controversial examination procedures. Prior to the NPS fiasco, the answer to that question would have been “the Board is”. While SB1 (appropriately) continued to vest preneed supervision in the State Board, the new law also … Continue Reading

Missouri’s Show Me Procedures

Posted in Exams/audits, Missouri - SB1, Preneed
The Missouri State Board of Embalmers and Funeral Directors has released its proposed preneed examination procedures. The release comes just 24 hours before the Board’s October 27th meeting, and so few funeral directors will be prepared to ask questions. The proposal contemplates different procedures for ‘compliant sellers’ and ‘non-compliant sellers’. With most of the industry … Continue Reading

Missouri’s New Reporting Requirements: work in progress

Posted in Missouri - SB1, Preneed
On September 9th, Missouri’s State Board of Embalmers and Funeral Directors conducted its first public meeting since forwarding new (and extensive) reporting requirements to preneed funeral sellers and providers. In no mood to entertain complaints from the industry, the Board advised licensees to “do their best”. In response to criticism of the new trust reporting … Continue Reading