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
By Bill Stalter on Posted in Exams/audits,Missouri - SB1,UncategorizedOur first recommendation to the Missouri State Board of Embalmers and Funeral Directors is that they assume, and maintain, control over the preneed examination procedures. The exam procedures implemented two years ago were never submitted to the Board for review and approval. Accordingly, the examination procedures handbook should remind the staff that any change made… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1With an action that caught some by surprise, the Missouri State Board of Embalmers and Funeral Directors voted to suspend future preneed examinations and accept recommendations on a new process. We have made several posts on the faults of the Missouri examination process, and now commend the Board on taking a bold action. The Missouri… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1To begin reform of its preneed exam process, the Missouri State Board of Embalmers and Funeral Directors is seeking input from the industry by this Friday, June 8th. Specifically, the State Board is requesting comments to the Exam Procedures Handbook prepared by its staff. We have made edits to that handbook, and will provide more… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1,RecordkeepingWhen the State Board approved a new “adequate seller records” rule on April 25th, there wasn’t much discussion of the documents or reports to be maintained for performed and canceled preneed contracts. In a sense, the Board may not need to expand beyond the FTC’s statement of goods and services requirement. If a funeral home… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1The Missouri funeral industry has haggled with the State Board for two years over preneed record requirements. But on April 25th, the State Board scrapped the staff’s adequate record proposal, and instead, adopted a brief definition of ‘seller records’. The State Board’s approach will afford funeral homes more flexibility in documenting the receipt of consumer… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1The April 25th meeting of the Missouri State Board of Embalmers and Funeral Directors marked an important transition where industry members assumed control over the protection of consumers’ preneed funds. After the first round of financial examinations, the Board’s procedures for the second round were defined by the Board’s staff, and never submitted to the… Continue Reading
By Bill Stalter on Posted in Compliance,Exams/audits,Missouri - SB1Missouri funeral homes are frustrated with the State Board of Embalmers and Funeral Directors. The second round of preneed examinations has begun, and the Board’s staff is citing sellers for “new” contract form violations on “old” contracts. Examiners are reviewing all outstanding contracts, including those covered in the seller’s first examination, and now citing the… Continue Reading
By Bill Stalter on Posted in Compliance,Missouri - SB1Starting with its 2014 fiscal year, the Missouri State Board of Embalmers and Funeral Directors has initiated 334 complaints against Missouri funeral homes. That is an average of 11 complaints per month. During the four years that preceding 2014, the State Board filed only 77 complaints against funeral homes, or an average of 1.5 complaints… Continue Reading
By Bill Stalter on Posted in Compliance,Exams/audits,Missouri - SB1Ten years after the collapse of NPS, the Missouri State Board of Embalmers and Funeral Directors has a confidence problem with licensees and legislators. Licensees see a regulator that is obsessed with DBAs, renewal reports, and exams that focus on contract provisions. Legislators see a regulator that will not fulfill the SB1 mandate to protect… Continue Reading
By Bill Stalter on Posted in Compliance,Exams/audits,Missouri - SB1The latest rumor being spread about the Missouri State Board of Embalmers and Funeral Directors is that the Board members met in a closed executive session without staff or attorneys to discuss the need for change in the legal representation of the Board. According to the rumor, the decision was made to send the Board… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1,Recordkeeping,Reporting,UncategorizedPursuant to a notice that may, or may not, satisfy state law, the Missouri State Board of Embalmers and Funeral Directors met in closed session this morning. At the State Board’s December meeting, Division counsel advised that 24 hours’ notice to the public was required to amend the Board’s agenda. Notice of this 9:00 am… Continue Reading
By Bill Stalter on Posted in Compliance,Exams/audits,Missouri - SB1,Recordkeeping,UncategorizedWith its January 9th and 10th agenda, the Missouri State Board of Funeral Directors and Embalmers exhibited yet another example of memory loss. Just weeks prior, the State Board voted to have one or more special meetings on seller records and the financial examination process. The motion approved by the Board was to have those… Continue Reading
By Bill Stalter on Posted in Associations,Exams/audits,Master Trusts,Missouri - SB1,RecordkeepingIn preceding posts, we have outlined recommendations to the Missouri State Board of Embalmers and Funeral Directors regarding the preneed examination process and record keeping requirements. While our correspondence was not included on the Board’s December 13th agenda, the Board entertained a motion to amend the agenda to include our correspondence on the afternoon open… Continue Reading
By Bill Stalter on Posted in Exams/audits,Recordkeeping,UncategorizedThe last time the Missouri State Board of Embalmers and Funeral Directors took up the issue of preneed seller record keeping requirements, the staff proposal emphasized a contract ledger approach. The proposal sought to require a contract record that reflected the amount and date of each payment received and the corresponding dates and amounts deposited… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1For the first round of Missouri preneed examinations, the State Board of Embalmers and Funeral Directors had no choice but to jump into preneed sellers’ records and files. Hundreds of funeral home had been selling preneed for decades without supervision or record keeping requirements. So, the first exam objective was to look at everything and… Continue Reading
By Bill Stalter on Posted in Exams/audits,RecordkeepingTwo years ago, the Missouri State Board of Embalmers and Funeral Directors met in Independence to discuss their staff’s recommendations for seller record keeping requirements and the scope of preneed examinations. As the minutes somewhat reflect, the staff proposals were met with strong public opposition. (This blog documented those issues in prior posts that are listed… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1,UncategorizedIn their last meeting, the members of the Missouri State Board of Embalmers and Funeral Directors took a small, but important pivot in the preneed examination process. The State Board approved a recommendation made by the Financial Examination Committee that the Committee review each examination report and prepare the letter that accompanies the report to… Continue Reading
By Bill Stalter on Posted in ComplianceA few weeks ago we reported on a legislative auditor’s recommendation to sunset the West Virginia Funeral Board because of its poor handling of consumer fraud complaints. Criticism of the Board focused primarily on the Harding Family Group matter, where Chad Harding had filed fraudulent insurance claims of almost $1 million. But, the auditor’s report… Continue Reading
By Bill Stalter on Posted in Administration,Compliance,Master Trusts,Missouri - SB1,RecordkeepingThis time last year, the hot topic before the Missouri State Board of Embalmers and Funeral Directors was the staff’s proposed regulation to define what constitutes adequate records of a preneed seller. The proposal was revised more than once during 2016, but it was eventually tabled by the Board before any consensus could be… Continue Reading
By Bill Stalter on Posted in Exams/audits,Missouri - SB1The Missouri Preneed Annual Report for 2017 is a little different from prior years. Schedule H (trust funded contracts) now seeks information about Pre88 trusts and Post88 trusts. Previously, Schedule H only referenced trusts that administered contracts sold subsequent to August 28, 2009. This had been a source of confusion for Missouri funeral homes. Accordingly, many… Continue Reading
By Bill Stalter on Posted in Compliance,Missouri - SB1As we had suggested in a prior post, the Missouri State Board of Embalmers is acting to facilitate the directives of Executive Order No. 17-03 before the Board’s member vacancies are addressed. Public hearings have been scheduled for Augusts 14th and 15th at the Division of Professional Registration. The State Board will also accept comments… Continue Reading
By Bill Stalter on Posted in Compliance,Missouri - SB1,UncategorizedDespite lacking sufficient members to take official actions, the Missouri State Board of Embalmers and Funeral Directors met last week to discuss Executive Order 17-03. As we reported back in January (Missouri Rule Rollback), the Order represents a significant undertaking by the State Board. Seven months later, the State Board has less than a year… Continue Reading
By Bill Stalter on Posted in Compliance,Exams/audits,Missouri - SB1,Recordkeeping,UncategorizedIn paragraphs 53 through 71 of the MFT Complaint, the State Board sets out certain duties that only a licensed Missouri preneed seller may perform. The Complaint asserts that these seller duties are either being performed by the funeral homes that contract to be ‘providers’ with the MFT, or by Eagle Bank as trustee for… Continue Reading
By Bill Stalter on Posted in Administration,Exams/audits,Missouri - SB1,RecordkeepingIn our prior post, we looked at Paragraphs 39 through 52 of the Complaint filed against the Missouri Funeral Trust, and the implications of Missouri’s Common Trust Fund law. In this post we will look at paragraphs 79 through 95 of the State Board Complaint, and what exposures rollover funeral homes could have. The Complaint… Continue Reading
