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: audit

Missouri’s desk audit: the first look will take the longest

Posted in Exams/audits, Funeral, Missouri - SB1, Preneed
As discussed in prior posts, the Missouri preneed audit process begins with a notice to the preneed seller for the production of documents and data. After a review is made of the documents, data and the annual reports filed with the State Board, an on-site examination is scheduled with the seller. Most Missouri preneed sellers… Continue Reading

The Independent Preneed Trustee: In a Perfect World

Posted in Administration, Exams/audits, Master Trusts, Preneed, Recordkeeping
A breakdown in communications between the CFDA and the Cemetery and Funeral Bureau has resulted in the California Attorney General filing a lawsuit that can be appropriately described as vitriolic. The “California lawsuit” could provide some valuable ‘what to avoid” lessons for regulators in other states. In an unusual move, the Bureau went “public” last… Continue Reading

Dropping A Dime in the Land of Lincoln

Posted in Funeral, IFDA
A few years ago, a past president of the NFDA wrote in The Director that funeral directors should begin blowing the whistle on industry cheaters. This blog raised a concern over whether funeral directors understood applicable preneed laws well enough to become whistleblowers. A recent news article in the Morris Daily Herald contains facts to… Continue Reading

Four Loaded Questions: Missouri Cemetery Preneed

Posted in Cemeteries, Missouri - SB1, Preneed
Missouri cemeteries received a brief questionnaire last week from their primary regulator. The Office of Endowed Care Cemeteries (the OECC) has responsibility for enforcement of Chapter 214, the Missouri law that governs endowed care requirements and preneed sold by licensed cemeteries. The OECC would seem to be sizing up cemeteries as candidates for Chapter 214… Continue Reading

Step Out of the Box: a California request

Posted in Compliance
According to Wikipedia, Regulation is "controlling human or societal behavior by rules or restrictions." Regulation can take many forms including legal restrictions promulgated by a government authority……. So, regulators are charged with the task of interpreting “legal restrictions” and determining what businesses can or cannot do. When the applicable law is well drafted, and further… 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

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

California’s Pending Consumer Refund

Posted in Fiduciary, IFDA, Preneed
California funeral directors face a September 13th deadline that could have substantial financial consequences, including the repayment of trust distributions. A July 1st letter sent by the California’s Cemetery & Funeral Bureau to funeral homes in the California Master Trust outlined the regulator’s rejection of the Association responses regarding the Master Trust audit. An impatient… Continue Reading

Your Preneed Forecast: Exams, followed by Audits

Posted in Legislation, Preneed, Reform
The Missouri preneed industry faces a long and stormy summer.  The Missouri legislature seems to be listening to regulators’ requests for much needed authorities for examinations, audits and rulemaking.  A draft bill providing emergency powers to the Division of Professional Registration has emerged as legislation that may be signed into law before the current session ends… Continue Reading