The U.S. Government Accountability Office (GAO) released its latest report on the state of state regulation of the death care industry. As it did in 2003, the GAO selected a handful of states to review in depth, and Illinois was one of those states for 2011 report. The Illinois review is set out
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The Independent Preneed Trustee: In a Perfect World
A breakdown in communications between the CFDA and the Cemetery and Funeral Bureau has resulted in the California Attorney General filing a lawsuit that can be appropriately described as vitriolic. The “California lawsuit” could provide some valuable ‘what to avoid” lessons for regulators in other states.
In an unusual move, the Bureau went…
Groundhog Day in Missouri: Preneed Exams before Spring
The start of Missouri’s new era of preneed oversight began when document requests were mailed to sellers on January 3rd. Sellers were requested to provide the following documents by January 28th:
· A current statement from your state or federally chartered financial institution’s authorized to exercise trust powers in Missouri of any preneed trust accounts…
Serving Time in Kansas: Fairlawn Burial Park
Families and funeral homes harmed by NPS will hope that company’s owners and officers have to face a judge like the Honorable Richard Rome.
The Hutchinson News reported that District Judge Richard Rome rejected a plea bargain for probation, and sentenced Fairlawn Burial Park’s owner to almost 5 years in prison. A Kansas Secretary of…
Regulatory Intervention: the Kansas plan
The Topeka Capital-Journal has identified the essence of the Secretary of State’s plan for Kansas cemetery regulation: addressing cemetery problems before the trusts go upside down.
There are two types of cemetery trusts: perpetual care trusts and preneed trusts. Perpetual care trusts (or permanent maintenance trusts) provide the cemetery crucial funding for mowing, and the…
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…
Trade Association Membership: weighing the costs vs. the benefits
Mortuary Management’s July/August Colleague Wisdom column underscores how difficult it can be to run a trade association. I can empathize with the funeral home operators who took the time to provide their thoughts. As an attorney who specializes in the death care industry, I have to weigh the costs and benefits of membership in trade associations from…
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. …