More than one funeral director has expressed the opinion that the State Board should never have been given rule making authority. We’ll never know, but if the State Board had rulemaking authority 22 years ago, it could have implemented rules to help enforce NPS’ 1990 settlement agreement, and thereby avoided that company’s collapse. But equally
assignments
Did Someone Ask “Who’s the Boss?”
By Bill Stalter on
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.
That Elusive Matter of Intent: Missouri insurance assignments
By Bill Stalter on
Posted in Missouri - SB1
With the backdrop of another major preneed debacle, Missouri turns its attention (yet again) to the assignment of insurance policies to funeral homes. On September 25th, the State Board of Embalmers and Funeral Directors will consider a regulation proposal addressing insurance assignments. Is it, or is it not, a preneed contract? The industry, and…
October Chaos: Missouri Preneed Seller Renewals and Insurance Assignments
By Bill Stalter on
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 …
Out of Left Field: Missouri’s insurance assignments
By Bill Stalter on
Who can honestly say they saw this one coming?
On July 5, 2012, the Missouri State Board of Embalmers and Funeral Directors filed a complaint with the Missouri Administrative Hearing Commission against a Missouri funeral home for alleged violations of Chapter 436, including several transactions that predate Senate Bill No. 1. So, three years after the …
Preneed vs. Preplanning: Missouri’s blurred line
By Bill Stalter on
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…
Missouri and Mrs. Smith’s insurance policy: Where to draw the line?
By Bill Stalter on
Every funeral director has faced the situation where Mrs. Smith comes in with an insurance policy and her funeral plans. Often, Mrs. Smith has gone to trouble of designating the funeral home as the policy beneficiary before having discussed her plans with the director. Often funeral directors file the policy and plan away until Mrs.
When is the Spend Down preneed?
By Bill Stalter on
Posted in Preneed, Preplanning
A “Spend Down” is the transaction where a person seeking public assistance transfers money or insurance to a funeral home to avoid having the “asset” count as a resource. It is a commonly held perception that the Spend Down accounts for many preneed contract purchases. But should all Spend Downs trigger the state preneed law…