Implementing new regulatory requirements is a difficult and thankless job. Businesses hate change when it comes to government interference, and (most) regulators understand this. Accordingly, regulators typically prefer to implement incremental changes. In contrast to other industries, regulatory changes have been less frequent within the death care industry because legislators and regulators don’t understand the
chapter 436
Show Me your books and records: Missouri’s new preneed exams
By Bill Stalter on
Posted in Missouri - SB1, Preneed
The future of Missouri’s examination of preneed books and records will begin to take shape on February 4th. The State Board of Embalmers and Funeral Directors has put this issue at the top of its agenda for Thursday’s meeting.
Regulatory review of Missouri’s preneed industry has been dormant for almost 15 years, and SB1 now…
Bad Paper: Missouri’s looming audit dilemma
By Bill Stalter on
Posted in Missouri - SB1, Preneed
The Missouri Funeral Director and Embalmer Association provided crucial support to the passage of Senate Bill No. 1, but the heart of the association’s membership, the mom and pop operators, may now be second-guessing that decision.
SB1 provides regulators the authority to audit or examine preneed trusts and joint accounts, including those established prior to…
Regulating out of context: Missouri and investment advisors
By Bill Stalter on
Posted in Missouri - SB1
Over the next year, Missouri will examine the various flaws of SB1. One of those flaws concerns the independent investment advisor and the ‘fix’ meant to preclude conflicts of interest.
Preneed trusts have a poor track record in terms of investment performance. Trustees often fail to appreciate the key factors that impact investment strategies for…
Start Preparing a Plan
By Bill Stalter on
Posted in Missouri - SB1, Preneed
In May 2009, the American Funeral Director editorial advised that fixing preneed has to be a cooperative effort, and that the industry needs to agree upon a plan before attempting to legislate a fix. In that same month, the Missouri legislature passed a ‘fix’ to the NPS abuses that incorporated provisions from a mixed bag…
SB1 and Missouri’s Show Me Year
By Bill Stalter on
Posted in Funeral, Missouri - SB1
The anxiety over Missouri’s new preneed law will temporarily peak this Friday with the passing of the due dates for annual reports and license applications. To give the industry a breather, and to assess SB1’s flaws, the Missouri State Board of Embalmers and Funeral Directors reached an informal agreement on October 20th to table any…
Setting Up Small Funeral Homes To Fail: Joint Accounts
By Bill Stalter on
Like most states’ preneed laws, Missouri’s Chapter 436 has always contemplated a depository accounts for the small funeral operator who provides preneed as an accommodation. Many funeral homes do not sell enough preneed to warrant the expense and hassle of either a trust or an insurance license. Chapter 436 allows the funeral director to place…
How much is too much: Missouri’s Preneed Contract Fee
By Bill Stalter on
The emergency rule that implements Missouri’s $36 per contract fee becomes ‘official’ on October 4th. Missouri funeral directors question whether the fee is too high, and whether it will contribute to the decline in preneed sales. The analysis required for the emergency rule reports that the fee is expected to generate $612,000 of revenues that will…
Zero Tolerance: Preneed Fraud and local prosecutors
By Bill Stalter on
Posted in Preneed
Over the past few years, preneed frauds have been measured in terms of hundreds of millions (with the suggestion that the NPS loss will top a billion). And, funeral directors and consumers have been frustrated by the perception that regulators are helpless to stop preneed fraud. Apparently, one local prosecutor from Texas took notice.
When the…
The first hurdles are the highest: Missouri’s SB1
By Bill Stalter on
The Missouri State Board of Embalmers and Funeral Directors faces two hurdles to implementing SB1: disagreements over the interpretation of key provisions and informing the industry how the Board will enforce the law. These hurdles have put the Board in to a Catch 22 situation.
SB1 was drafted under the cloud of the NPS crisis.