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
state board of embalmers and funeral directors
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’s New State Funeral Board: Starting under a Whistleblower Cloud
Missouri’s new State Board will have its first meeting this week, and one week after the State was sued by a former State Board employee. The lawsuit alleges that the Division of Professional Registration usurped State Board authority to fire employees who had defied Division Director warnings to stand down. What we now know through…
The Missouri Preneed Trust acquisition: What were you thinking?
The Missouri Preneed Trust: What were you thinking?
Investment markets are down, and preneed trusts are hurting. But one Missouri preneed trust is probably hurting more than others. When the Missouri Funeral Directors and Embalmers Association cheerfully announced the acquisition of the Missouri Preneed Trust program by its own MFT, we were shocked. The Missouri…
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…
Missouri Preneed Portability: Contract Transfers
We are continuing with our posts to correct the misstatements made by the MFDEA in its May 24th video on Missouri law and preneed portability. At minute 28:50 of the video, the association’s general counsel states that with regard to the transfer of preneed contracts, a successor seller must execute a State Board affidavit…
Portability and Missouri Preneed Law: Seller Expenses
A few weeks ago the Missouri Embalmers and Funeral Directors Association posted a YouTube video explaining their take on preneed portability under Missouri law. The MFDEA frequently posts videos in response to industry queries, and for the association to spend 37 minutes on portability suggests that it is fielding numerous requests from MFT providers. The…
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…