With the support of the Missouri Funeral Directors and Embalmers Association, The Funeral Consumer Board Bill (HB 596) was voted out of committee last week with a crucial amendment. As reported in our January 19th post, Rep. McGaugh wants a preneed regulator that is more responsive to the consumer. The Representative’s
state board of embalmers and funeral directors
Missouri’s Longest Preneed Audit: Continued until October
After five months of trading Complaints and Answers, the Missouri State Board of Embalmers and Funeral Directors and the Missouri Funeral Trust have been assigned an October hearing date before the Administrative Hearing Commission. The dispute between the State Board and the MFDEA’s master trust program has been waging for years over issues such as…
Missouri Exam Documents: Trustee Records
In a prior post, we listed the records sought by the Missouri State Board of Embalmers and Funeral Directors when an examination is scheduled against a preneed seller. In this post we will look at the five bullet points that involve the preneed trustee:
- A current statement from your state or federally chartered financial institution/s
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Round 2 of Missouri’s Preneed Exams: The Document Request
It has been more than a year since the Missouri State Board of Embalmers and Funeral Directors approved the expansion of the scope of financial examinations. Consequently, preneed sellers up for their second preneed audit are receiving notices that request the following reports and documents:
- A current statement from your state or federally chartered financial
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Missouri Seller Records: Avoiding the next Polley
Prosecutors and investigators have commented to our office about how difficult it can be to prove preneed fraud. They won’t know whether the consumer has been harmed until the death of the contract beneficiary, and then whether the funeral is provided. In Missouri, prosecuting a bad apple funeral director got much easier as of January…
The Missouri Funeral Consumer Board: a step closer to reality?
A few weeks ago we posted about HB596, the legislative bill that would shake up the State Board of Embalmers and Funeral Directors by replacing two industry members with two public members. Funeral directors worried about that bill will have further cause for concern when they visit the State Board’s membership page. The…
Missouri Rule Rollback: The 18 Month Deadline
Keeping true to a campaign promise, one of the first acts of Missouri Governor Eric Greitens was to issue an executive order that gives each state agency until June 30, 2018 to repeal or cease any regulation that is ineffective, unnecessary of unduly burdensome. The Governor’s order sets out the following review procedures:
- Every State
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Missouri Preneed Seller Records: More Than Adequate
The final section of the Missouri preneed seller record rule will likely draw criticism from the industry:
The standards set forth in this rule are stated only as minimum standards. Each seller may maintain any records in addition to those set forth in this rule. In addition, if the board determines that it is unable…
Missouri Preneed Seller Records: Format of Records
The next section of the Missouri preneed records rule provides the funeral home latitude to maintain records in either a hard paper copy or an electronic format, but so long as the records are provided to the State Board in a timely manner:
All records required to be maintained by a seller may be maintained…
Missouri Preneed Seller Records: Communications
Missouri’s preneed seller records proposal would require preneed sellers to retain all communications that relate to their preneed contracts:
Any written (including electronic) communications between the seller and any preneed agent, provider, trustee, investment advisor, insurance company, purchaser and/or beneficiary of the preneed contract and any other person related to preneed contracts and the funding…