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

Missouri’s Adequate Seller Records: the Contracts and Agreements

Posted in Compliance, Exams/audits, Recordkeeping
In our continuing review of the Missouri Seller Record Keeping proposal, the rule next addresses what a preneed seller must retain with regard to its consumer contracts.  However, the proposal actually contains two sections requiring the retention of contracts and agreements (Section 2.A and Section 2.F). Of the two, Section 2.F is the more detailed:… Continue Reading

Missouri Preneed Seller Records: the Third Time did not prove a Charm

Posted in Compliance, Exams/audits, Missouri - SB1, Recordkeeping
It’s been fifteen months and counting, but the Missouri State Board of Embalmers and Directors and their Division staff are still at odds over a rule for defining minimum record keeping requirements for preneed sellers.  The Division staff first floated an “Adequate Records” rule in July 2015, but the draft was not formally submitted to… Continue Reading

Missouri Seller Records: KISS

Posted in Compliance, Recordkeeping
When the Missouri State Board of Embalmers and Funeral Directors met June 30th to discuss a proposed rule defining new record keeping requirements for preneed sellers, one Board member spoke a sentiment that many funeral directors share: keep it simple, stupid.   The Board member suggested that consumer receipt records could be as simple as copying… Continue Reading

Missouri’s Second Round of Exams: The Committee’s Role

Posted in Compliance, Exams/audits, Missouri - SB1
In September we posted about a regulation proposal that sought to define the role of a sub-committee of the Missouri State Board of Embalmers and Funeral Directors (Missouri’s Financial Examination Committee: What Role?).   While the Board eventually gave its staff instructions to revise that proposal, the regulation has yet to resurface.  Instead, the Staff Recommendations include… Continue Reading

Missouri’s Second Round of Exams: Exit Interviews

Posted in Compliance, Exams/audits, Missouri - SB1
In a prior post we alluded to Missouri preneed sellers’ complaints about the examination process, and that the follow up process to the on-site review has been unnecessarily burdensome.  Subsequent to the examiner’s departure from the funeral home, the seller received an exception list of missing contracts or documents, which the seller can often quickly locate. … Continue Reading

New Missouri Preneed Recordkeeping Requirements: base records and uniformity

Posted in Administration, Compliance, Exams/audits, Recordkeeping, Reporting
The Missouri State Board of Embalmers and Funeral Directors will meet December 9th, and their agenda includes a proposed regulation for new preneed recordkeeping requirements. Borrowing perhaps from other states’ preneed audit manuals, the regulation sets out a list of journals, ledgers, documents that a preneed seller would be required to maintain. For an industry… Continue Reading

The Missouri Fund Manager: What was Grandfathered?

Posted in Associations, Master Trusts, Missouri - SB1
There seems to be some confusion in Missouri over the permissible contractual relationships among the preneed seller, the preneed trustee and the independent investment advisor. Prior to the collapse of NPS, and the subsequent amendment of Missouri’s preneed law, Chapter 436 allowed the preneed seller to incorporate provisions in its preneed trust agreement to instruct… Continue Reading

Missouri’s Financial Examination Committee: What role?

Posted in Compliance, Exams/audits, Missouri - SB1
When the Missouri State Board of Embalmers and Funeral Directors meet this week, the role of the Board’s Financial Examination Committee will be discussed.  As established, the Financial Examination Committee was intended to expedite the exam process.  The initial Committee consisted of the Board’s public member and a former industry member who had previously acknowledged… Continue Reading

Preneed Trust Shortages: Missouri’s Income Withdrawals

Posted in Exams/audits, Investments, Legislation, Master Trusts, Missouri - SB1, Recordkeeping, Reporting, Trust Funded
Prior to Missouri re-writing its preneed law in 2009, preneed sellers could draw off realized income so long as the withdrawal did not reduce the trust’s fair market value below trust deposits.   Seeking income, many Missouri sellers directed their trustees to invest in bonds.  As interest rates declined during the early part of the prior… Continue Reading

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