Death Care Compliance Law

• Missouri’s Exam Handbook: The Four Corners of the Manual
  Our next criticism of Missouri’s pending Exam Handbook is its violation of the Four Corners Rule, which requires a document to stand on its own when being interpreted and applied.  Common law precludes parties from going to outside sources when applying the document to different situations.  While the Handbook gives lip service to the Four Corners...… […]
  Bill Stalter
• Missouri’s Exam Handbook: Reviewing All Contracts for What Purposes?
  The newest edition of the Missouri Preneed Exam Handbook has some significant problems.  The one we will discuss today is ambiguous instructions regarding the review of preneed contracts.  Paragraph 13 of the Handbook’s scope of financial examination states: 13) Staff shall look at 100% of all active preneed contracts that have been sold since the period...… […]
  Bill Stalter
• Missouri’s Preneed Exam: Prioritizing the Exceptions
  “Nitpicking” was one of the terms frequently used by Missouri funeral directors when referencing their preneed exam exceptions report.  (Other descriptions are not appropriate for print.)  The initial exam guideline provided no guidance to examiners for prioritizing problems found in preneed contracts and records.  It was common to see exception reports with dozens, even hundreds,...… […]
  Bill Stalter
• Missouri Preneed Exams: Examiner Desk Top Reviews
  The Missouri State Board’s proposed exam handbook would have examiners perform more of their review before an onsite visit is scheduled at the funeral home.  By performing a desk top review, the examiner would be better prepared when visiting the funeral home.  This should expedite the examination process.   There would be four stages to the...… […]
  Bill Stalter
• Missouri Preneed Exam Procedures: New Receipt and Transmission Records
  Missouri’s pending preneed exam handbook will establish a new record keeping requirement for the state’s preneed sellers: monthly records of consumer payment receipts and the transmission of those funds to the preneed funding agent.  Seller record keeping proposals are not new to the Board.   (Missouri Seller Records: The State Board Proposal) The Board’s staff proposed...… […]
  Bill Stalter
• Missouri’s Preneed Exam Handbook: How to Spot the Cheaters
  The Missouri State Board’s proposed exam handbook places a new emphasis on tracking consumer payments to funeral homes.  There are two elements to the Board’s strategy: confirming the consumer’s funds make it to the appropriate funding agent, and that those funds are remitted to that funding agent within the time periods required by Chapter 436. ...… […]
  Bill Stalter
• Missouri’s Next Preneed Exam Manual: Start Following the Money
  The Missouri State Board of Embalmers and Funeral Directors introduced a new preneed examination handbook at its October meeting.  (Click the following hyperlink to access the preneed handbook.)  The proposed handbook would change the emphasis of the preneed exams from contract and recordkeeping compliance to tracking consumer funds paid to the funeral home. For most...… […]
  Bill Stalter
• Concerns over “abandoned” cemeteries: When to act and who will assume control
  These are tough times for cemeteries.  Too many planned on a steady revenues from grave sales, and have not trusted enough funds for future maintenance expenses. Grave sale revenues have been dramatically cut by the public’s acceptance of cremation.  Subsequent to the Great Recession of 2008, many of our funeral home clients reported a significant...… […]
  Bill Stalter
• New York Times: Can I Pre-Pay without working with a funeral home?
  The New York Times article on funeral planning blurs the line between pre-paying and pre-funding.   The savings accounts discussed by the article are one method of pre-funding funeral costs.   But the POD savings account is far less secure than final expense trusts or final expense insurance policies.  The concern many consumers have is that the...… […]
  Bill Stalter
• New York Times: What if I Move or Die Away from Home?
  This section of the New York Time’s funeral planning article attempts to address two separate issues.  The issue of what happens when the consumer moves away is one of portability and whether the preneed contract can be transferred to a new funeral home.  As we discussed in our first post on the Times article, certain...… […]
  Bill Stalter