The Dead Beat recently published a letter from a Missouri funeral home operator that was critical of the ‘handling of the NPS debacle’ by the Missouri State Board of Embalmers and Funeral Directors. The operator questioned how the Board could ‘allow’ his firm to sign official documents requiring that NPS contracts be honored. The official
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Missouri’s First Preneed Regulation: if at first you don’t succeed, try, try again
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…
Did Someone Ask “Who’s the Boss?”
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.
Missouri’s Preneed Reform: the 2015 Factor.
On January 14th, Missouri Governor Jay Nixon will be sworn in for his second term, and we are wondering whether the Governor’s plans for 2015 are influencing the direction of Missouri’s preneed reform. With commentary such as that published by the St. Louis Post Dispatch, the Governor may have his eyes on a 2015…
October Chaos: Missouri Preneed Seller Renewals and Insurance Assignments
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 …
SB1 and Missouri’s Show Me Year
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…
Missouri Preneed Reform: work in progress
While the completion of the document may have felt like a birthing process to the staff of Missouri’s Division of Professional Registration, the Chapter 436 Working Group Recommendations more accurately reflects an industry position paper that has yet to be completed. Faced with a deadline imposed by the Missouri legislature, the Division ‘finalized’ the Recommendations in an…
Restraint of Trade Issue #1: restricting who can sell or provide preneed
Although it may not be apparent from the press release or the final Decision And Order, the FTC proceeding against the Missouri State Board of Embalmers and Funeral Directors has restraint of trade implications for future efforts to regulate the preneed transaction.
The focus of the FTC inquiry was on the State Board’s lawsuit…
The Costs of Death
A year ago, the Dayton JournalNews ran a series of articles about the regulation of the death care industry in Ohio. The reporting was comprehensive, with articles about preneed. Earlier this year, legislation was introduced in Ohio to further restrict who could sell preneed. However, the legislation does not address the trusting issues that rankle consumer advocates. …