In this post we are breaking a rule that we have followed since the startup of the blog: maintaining the anonymity of a source. In our post Derailing Missouri Preneed Reform we referred to our source as having an irrefutable reputation within the industry. Those who follow this blog instantly understood that the statement had
audits
The Missouri Gottcha Board: A Speed Bump to Fiscal Responsibility
This past August we received an email from the Gottcha Board asking about availability to attend a closed meeting call. Anticipating a client was in trouble, we responded that we would accommodate the Board’s request. However, the Board’s purpose for the call was to make an inquiry about representation to resolve the dispute with the…
Missouri Endowed Care Audits: Veering off the Legislature’s Intent
In our third post on Missouri’s endowed care cemetery audits we look at the request for the cemetery’s legal documents. The current audit notice requests copies of the cemetery’s trust agreement, rules and regulations, contract forms, deed forms, brochures and any other materials making an endowed care representation. In essence, the audit is going to…
Missouri Care Fund Audits: Following the Money
Our previous post discussed care fund audits and the tracking of a cemetery’s property sales and care fund liability. The next step of the audit process is following the money to the care fund trust (and the back from the trust to the cemetery). For these purposes, the Missouri audit notice requests trust statements from…
Missouri’s Phase 2.5 of Preneed Exams: Section 436.425 and Insurance Funded Contracts
At its April meeting, the Missouri State Board of Embalmers and Funeral Directors discussed the formation of a “Phase 3 Committee” that would provide input for the revision of the Board financial examination handbook. The Board staff is about half way through the second round of preneed examinations (“Phase 2”), and the Board wants to…
Missouri Preneed Examination Changes: the Small Seller Proposal
The Missouri State Board of Embalmer and Funeral Directors met this past December to discuss changes to the Preneed Examination Handbook, and former Board Chairman Don Lakin made a proposal that has merit.
The State Board has licensed approximately 315 preneed sellers. The current preneed examination procedures contemplate an onsite visit to each seller. Many…
Missouri’s Exam Handbook: The Four Corners of the Manual
Our next criticism of Missouri’s pending Exam Handbook is its violation of the Four Corners Rule, which requires a document to stand on its own when being interpreted and applied. Common law precludes parties from going to outside sources when applying the document to different situations. While the Handbook gives lip service to the Four…
Missouri’s Exam Handbook: Reviewing All Contracts for What Purposes?
The newest edition of the Missouri Preneed Exam Handbook has some significant problems. The one we will discuss today is ambiguous instructions regarding the review of preneed contracts. Paragraph 13 of the Handbook’s scope of financial examination states:
13) Staff shall look at 100% of all active preneed contracts that have been sold since the…
Missouri’s Preneed Exam: Prioritizing the Exceptions
“Nitpicking” was one of the terms frequently used by Missouri funeral directors when referencing their preneed exam exceptions report. (Other descriptions are not appropriate for print.) The initial exam guideline provided no guidance to examiners for prioritizing problems found in preneed contracts and records. It was common to see exception reports with dozens, even hundreds,…
Missouri Preneed Exams: Examiner Desk Top Reviews
The Missouri State Board’s proposed exam handbook would have examiners perform more of their review before an onsite visit is scheduled at the funeral home. By performing a desk top review, the examiner would be better prepared when visiting the funeral home. This should expedite the examination process. There would be four stages to…