One of the weaknesses of Chapter 436, Missouri’s preneed law, is that it provides the State Board few enforcement powers beyond disciplining the preneed seller’s license. There are plenty of examples of preneed sellers obstructing the State Board’s efforts to obtain preneed records. At least one resorted to litigation as a delay tactic. The prospect
chapter 436
Missouri SB32: The Preneed Audit Fund
With this post we will examine the new “Preneed Audit Fund” that SB32 proposes to create. Missouri funeral homes are already quite familiar with the state contract fee that was authorized in 2009 by Senate Bill No. 1. Per that law, the State Board began charging a fee on each preneed contract sold. That contract…
Missouri SB32: A New Audit Direction
With our next few posts we will dive deeper into SB32, the Missouri preneed legislation intended to provide the State Board a new audit direction and some new enforcement tools. Our first issue will be the change in course on preneed audits.
The bill would amend section 436.470 by adding the following new section:
3. …
Missouri Preneed Legislation: Time to Follow the Money
It would seem that the Missouri Legislature has grown impatient with the funeral industry’s efforts to regulate preneed. New legislation, Senate Bill No. 32, would establish a two tier approach to preneed oversight. This law would create a threshold whereby the State Board of Embalmers and Funeral Directors would be required to notify the…
Missouri Preneed Portability: Out of State Funeral Home Providers
With this post we are returning to the misstatements made by the Missouri Funeral Directors and Embalmers Association in their May video explaining preneed portability. At minute 10:18 of the MFDEA video, the association attorney advises that Chapter 436 only allows transfer of preneed contracts to funeral homes licensed by the Missouri State Board. Employing…
NPS Receivership Wind Down: Does this foreshadow an end to Missouri Third Party Sellers?
Late in 2021, PNC Bank threw in the towel. After years of litigation and two appeals, PNC Bank agreed to a settlement with the NPS special deputy receiver. Last month, our Illinois clients began receiving POC notices from the SDR that a portion of their claims for inflation would be honored. Payment of funeral home…
One Question For the Appointee: Will You Honor the Autonomy We Gave the State Board?
Dear Senator Schatz,
We appreciate that your Senate Appointment Committee has a packed hearing date for April 20th. So, the Missouri funeral industry not represented by the Missouri Funeral Directors and Embalmers Association requests a single question be asked of Ms. Solon:
If confirmed as executive director of the Division of Professional Registration…
Setting the Record Straight: Opposition to the Missouri Division of Professional Registration
When an Association Press story broke a few months ago, the MFDEA response was to suggest that the reporter had been influenced by individuals who were anti-Governor Parson and anti-Division. But the reality is that funeral directors opposed to Ms. Solon’s actions are supporters of Governor Parson. Multiple parties reached out to the Governor to…
Setting the Record Straight: The Inspection Dispute
MFDEA members like one past president have written to the Governor to commend the Division acting director for having put an end to the State Board’s “photographic surveillance” of funeral homes. This past president of MFDEA stated that instead of actually inspecting the funeral home, the Board inspectors were taking pictures which were then reviewed…
Derailing Missouri Preneed Reform: Where will the Buck Stop?
Despite what some may say, the State Board shake up and the termination of its executive director came as a surprise. But the most surprising move by the Division was the termination of Randall Jennings, the preneed examination supervisor. The examination supervisor had no role whatsoever in the funeral home inspection process. Baffled by that…