NYS FUNERAL LAW EXAM CHAPTER 10: PRIORITY RIGHT TO CONTROL LIST, NYS FUNERAL LAW-CHAPTER 12: Transportation of Human Remains and Cremains, NYS FUNERAL LAW REVIEW-CHAPTER 13: Local Registrars, New York State Funeral Law Exam: Chapter 15 PRICE LISTS GUARANT

NYS FUNERAL LAW EXAM CHAPTER 10: PRIORITY RIGHT TO CONTROL LIST, NYS FUNERAL LAW-CHAPTER 12: Transportation of Human Remains and Cremains, NYS FUNERAL LAW REVIEW-CHAPTER 13: Local Registrars, New York State Funeral Law Exam: Chapter 15 PRICE LISTS GUARANTEED GRADE A+ "Every body of a deceased person shall be decently buried and incinerated within a reasonable time after death." what does the very first paragraph of Article 42 of the NYS Public Health Law state.....? the care, disposal, transportation, burial, cremation or embalming of the body of a deceased person Disposition William Gladstone who stated "show me the manner in which a nation cares for its dead and I will measure with mathematical exactness the tender mercies of its people, their respect for the laws of the land and their loyalty to high ideals"? a person who, with respect to another person, meets any of the following criteria. -is formally a party in a domestic partnership or similar relationship with the other person, pursuant to the laws of the United States or any state, local or foreign jurisdiction -registered as the domestic partner of the person with any registry maintained by the employer of either party or any state, municipality or foreign jurisdiction -formally recognized as a beneficiary or covered person under the other persons employment benefits or health insurance -is depended or mutually interdependent on the other person for support (children, common house holding, length of relationship) Domestic partner -common ownership or joint leasing of real or personal property -common house holding, shared income or shared expenses -children in common -signs of intent to marry or become domestic partners -length of personal relationship of the persons totality of circumstances considered when determining the relationship of domestic partner -related to the other person by blood in a manner that would bar marriage to the other person in New York State -less then eighteen years of age -the adopted child of the other person -related by blood in a manner that would bar marriage in New York state to a person who is lawful spouse of the other person Domestic partner does NOT include any person who is Fiduciary an individual who holds something in trust for another; a trustee Person an individual of age eighteen years or older Power of Attorney (POA) a legal instrument used by a principal (person) to grant legal authority to one or more agents to make certain legal and financial decisions on behalf of the principal True True of False: a person with authority over the affairs of another by means of a Power of Attorney ceases to have such authority once the person they represent has died. Written instrument a legal term used to identify a formally executed (signed) written document. A written instrument has the highest priority as it relates to the right for control over the disposition of a deceased persons remains -person designated in a written instrument -decedent's surviving spouse -decedents surviving domestic partner -any of the decedents surviving children (18+ or older) -either of the decedents surviving parents -any of the decedents surviving siblings (18+ or older) -a legally appointed guardian -any person entitled to share in the estate of the decedent (person with closest relationship has highest priority) -a duly appointed fiduciary of the estate of the decedent -a close friend or relative who is reasonably familiar with the decedent's wish -a chief fiscal officer of a county, a public administrator appointed pursuant to the surrogates court procedure What is the hierarchy for the Priority for Right to Control Disposition? Priorty #1- person designated in a written instrument two written instruments apply to this priority -the Appointment of Agent to Control Disposition of Remains -the Last Will and Testament Priority #2- decedents surviving spouse spouses exist in marriage, they do not exist in divorce. Same-sex married couples apply to this rule Priority #3- decedents surviving domestic partner an unmarried couple that only applies to this rule under certain requirements. Priority #4- decedents surviving children (18 years or older) - if all children are 18 years or older, any of them have equal standing Priority #5- either of decedent's surviving parents any decedents parents that are still living all have equal standing, regardless of marital status Priority #6- decedent's surviving siblings (18 years or older) if more than one sibling meets the priority, all have equal standing Priority #7- legally appointed guardian applies to persons appointed as legal guardians to individuals in certain classes. This includes "infants and children" and "mentally retarded or developmentally disabled" Priority #8- any person, 18 years or older entitled to share in the estate of the decedent this rule can apply to any of the following individuals in descending order -grandchildren, great-grandchildren, nieces/nephews, grand-nieces/grand-nephews, grandparents, aunts/uncles, first cousins, great-grandchildren of grandparents, and second cousins Priority #9- a duly appointed fiduciary of the estate of the decedent this may be the executor of an estate where a will exists, or the administrator of an estate where no will exists Priority #10-close friend or relative who is reasonably familiar with the decedent's wishes, including the decedent's religious or moral beliefs, when no one higher on this list is reasonably available, willing, or competent to act - a written statement is required from any person exercising their priority right to control a disposition based on this particular priority position. Details on what the statement must contain are provided in the "civil liability protections" Priority #11- a chief fiscal officer of a county or a public administrator appointed pursuant to the surrogates court procedure act; any other person acting on behalf of the decedent -when any other person acts on behalf of the decedent, a written statement is required from such person. Details on what the statement must contain are provided in the "civil liability protections" Common carrier a private company offering cargo transportation services to the general public, regulated by any of the following: New York State Department of Transportation; Interstate Commerce Commission; Federal Aviation Administration; or United States Coast Guard -encased in a rigid container -the body must be placed in a leak-proof pouch or the container itself must be leak-proof -body must be clothed or shrouded in a body covering -all external body orifices must be closed with absorbent cotton -a name tag must be affixed to the dead body giving the name of the deceased as it appears on the death certificate What are the conditions that are required for transporting human remains via common carrier? Burial-Transit Permit (Disposition Permit) what document must accompany human remains while shipping via common carrier -the body must be encased in a casket or container, or be enclosed in a waterproof pouch and secured in a rigid litter or stretcher -the body must be obscured from public view -funeral director or their agent assuming responsibility for transportation of the dead body must take steps necessary to prevent leakage of body fluids from the container in which the remains are encased -the interior of the vehicle and equipment used for transportation must be maintained in a clean and sanitary manner what are some of the conditions that are required for shipping human remains via other common carrier The United States Postal Service what is the only legal method of shipping cremated remains domestically or internationally? Priority Mail Express when shipping cremated remains via the USPS, they must be shipped via............... Certified Copy a photographic reproduction in the form of a photocopy or a microfilm print of an original certificate and certified by proper authority as a true copy Certified Transcript a computer generated or other reproduction of selected information taken from an original record certified by proper authority to contain accurate information from the original record Certification of death a document containing only the name, date of death, and place of death of the person to whom it relates, with none of the other data or information on the certificate of death provided. It must also include the date of filing in the local registration district, or a statement the death certificate was filed within one year Commissioner the chief executive and administrative officer of the New York State Department of Health Local Registrar an official responsible for keeping a register or official records; as included in this chapter the official responsible for receiving and registering a certificate of death, and receiving a report of fatal death. Local Registrar Procedures Manual a guidebook of everyday office procedures for the local registrars of vital statistics published by the New York State Department of Health and provided to each of the local registrar officers in the state Primary registration districts a city, town, or incorporated village that serves as the primary registration districts for vital records Consolidated registration districts districts that consolidates all the cities, towns and villages in the county Unincorporated communities any U.S census designated area, large neighborhoods, former villages, hamlet, or other geographical area with no official municipal borders 6 months When requesting additional copies of a death certificate, the longest amount of time you should wait to order extra copies is...........? cause of death What is the most private and confidential piece of information on the death certificate? an insurance company seeking to verify the death resulted from an accident, when the company has an outstanding life insurance claim with an accidental death double indemnity clause Although the cause of death is rarely required on a death certificate, what are some exceptions to this rule? -refuse or fail to furnish correctly any information in their possession, or furnish false information affecting any certificate or record -willfully and unlawfully alter, or falsify any certificate of death -unlawfully filing a death certificate without the assistance or certification from a local registrar -inter, cremate, or dispose of a body without the authority or burial permit issued by a local registrar What are some violations that can occur when using vital records? Misdemeanor all the violations that can occur while using vital records are guilty of a.........? No For any reason other than some rare circumstances, is their any reason why a business or agency should require the cause of death listed on the death certificate? General price lists (GPL), casket price list (CPL), and outer interment receptacle price list (OIRPL) What are the three price lists that are distributed in the funeral industry? General Price List (GPL) What is the keystone of the funeral rule? 6 How many disclosures are required to be on the GPL according to the FTC? 11 How many disclosures are required to be on the GPL according to NYS? Alternative Container a non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, designed for the encasement of human remains and made of cardboard, pressed wood, composition material, or pouches of canvas or other material (FTC Definition). Casket (coffin) a rigid container designed for the encasement of human remains and customarily ornamented with lined fabric Outer internment receptacle any container or enclosure which is placed in the grave around the casket to prevent the collapse of the grave and/or to protect the casket, including but not limited to receptacles commonly known as burial vaults, grave boxes, or grave liners Unfinished wooden box an unornamented casket made of wood which does not have a fixed interior lining Complying with the Funeral Rule what periodical is issued by the FTC specifically written for funeral directors to comply with FTC regulations? FTC does not require a specific order, NYS does In terms of a specific format or order of the GPL, which legislative organization (FTC or NYS) requires a specific order of the GPL and which does not? Flat fee or price/hour or price/mile or other units Retail prices on the GPL can only be expressed as a..... firm, establishments In NYS, only a funeral_____________ may operate and engage in the business and practice of funeral directing, and can only conduct their business from one or more approved ___________. Everyone, no exceptions Who is entitled to receive a GPL? Retention A GPL must be provided for a customer to keep for ___________________, according to NYS Law? triggering event occurrence of situation that requires certain action i.e. the triggering event for giving out the GPL is face-to-face meeting. -type of funeral or disposition that you arrange for -specific goods and services you offer -the prices of your goods and services You do not have to hand out the GPL at the beginning of your arrangements, but you must offer the price list when you begin to discuss what three topics? Disclose that embalming is not required by law (except in special circumstances) When you request authorization to embalm, you must do what? yes Is a funeral home allowed to disclose price list information over the telephone? True True or False: There is no regulation stating that a funeral director is the only one who may provide price information over the phone No Is there any regulation or restrictions on sending GPL information via mail? Actual retail price the price for which a funeral director regularly sells an item of merchandise to customers Alternative Container an unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials. casket, coffin a rigid container designed for the encasement of human remains and customarily ornamented and lined with fabric Direct Burial means disposition of human remains by burial, without formal viewing, visitation or ceremony with the body present, except for a graveside service. Also known as an immediate burial Direct Cremation a disposition of human remains by cremation without formal viewing, visitation or ceremony with the body present. Outer internment receptacle any container or enclosure which is placed in the grave around the casket to prevent the collapse of the grave and/or to protect the casket, including but not limited to receptacles commonly known as burial vaults, grave boxes or grave liners. Known as an "outer burial container" under the FTC funeral rule Unfinished wooden box an unornamented casket made of wood which does not have a fixed interior lining -the name, address and telephone number of the funeral firm -the caption "General Price List" -the effective date of the price list Both the FTC and NYS require what three items of basic information on the GPL prior to listing funeral services and merchandise? 3 (one FTC and 2 NYS) Both the FTC and NYS require a set of certain opening disclosures before listing specified items on the GPL? How many disclosures are there? Exact wording. Exactly. When listing FTC and NYS disclosures on the GPL, what format must they be in? 6 FTC and 11 NYS How many disclosures must be listed on the GPL? -Alternative services -Transfer of remains -Preparation of remains -Arrangements -Supervision -Use of facilities -Livery -Merchandise -Additional Services and Merchandise -Limited Services -Cash Advances What are the 11 mandatory items that must be listed on a GPL? Direct Cremation and Direct Burial (alternative services) (Item #1) what two package prices must be listed on the GPL? One where the customer provides a cremation container, and one where the funeral home provides a cremation container What two options for direct cremation must be listed on the GPL? -transfer of remains -services of the funeral director and staff -necessary authorizations -the transportation of the remains by livery to the crematorium -the return of the cremains to the funeral firm What items must be included in the Direct Cremation service package? 3 (One FTC, 2 NYS) How many disclosures are listed in the Direct Cremation category? -the transfer of remains -services of the funeral director and staff -necessary authorizations -the transportation of the remains by livery to the cemetery What items must be included in the Direct Burial service package? 1 (NYS) How many disclosures must be listed on the direct burial? Transfer of Remains (Item #2) The moving of the dead human body from the place of death to the funeral home or other designated place. Each price for the transfer of remains must be stated as a flat fee for a specified number of miles from the funeral firm. How must the pricing for the transfer of human remains be listed on the GPL? No Are there any disclosures that are listed on the transfer of remains section of the GPL? Preperation of remains (Item #3) Cremation and embalming Most choose traditional service w/ embalming Embalming this charge is listed for use of the preparation room Two (One NYS and One FTC) How many disclosures are listed under preparation of remains? 2 (Both NYS) How many disclosures are listed for the charge of embalming? Right after the charge for embalming is listed Where must the NYS disclosure for embalming be listed on the GPL? No Do the charges for topical disinfection and custodial care need disclosures? No Can a funeral director charge for topical disinfection when a customer is being charged for embalming? Arrangements (Item #4) This charge includes the services of the funeral director, other staff, equipment and facilities to respond to the initial request for serves, arrangement conference, securing necessary authorizations, and coordination of service plans. Non-declinable charge The arrangements fee is the only fee that cannot be denied by a customer, as known as a............? 2 (one FTC and one NYS) How many disclosures are listed in the arrangements section of the GPL Supervision use of funeral director and support staff during visitations and funeral services use the facilities (Item #6) use of a funeral homes facilities for visitations and funeral services. Must have seperate prices listed, and must have all equipment being used. False True or False: can you charge a family for use of parking facilities, lounges, storage rooms or other common facilities. livery (Item #7) another term for funeral vehicles (hearse, lead car, flower car, etc.) Merchandise (Item #8) caskets, vaults, urns that are sold by third parties to the funeral home. The price range for caskets/alternative containers must be listed directly on the GPL, or on a separate casket price list What are the two options for listing the caskets/alternative containers on the GPL? The price range for vaults/outer internment receptacles must be listed directly on the GPL, or on a seperate casket price list What are the two options for listing the outer internment receptacles/vaults on the GPL? Additional Services and Merchandise (Item #9) Registrar, prayer cards, flag cases, etc, any additional merchandise sold by the funeral home. One NYS for each. "A complete list will be provided at the funeral home How many disclosures must be listed on the GPL for casket/OBCPL? One (NYS), "Prices in this section include a charge for our services in buying these items" How many disclosures must be listed on the section for additional services and merchandise Limited services (Item #10) the charge listed for forwarding remains to another funeral home or receiving remains from another funeral home. -transfer of remains to the funeral establishment -securing necessary authorizations -services of the funeral director and staff -local transportation of the remains to point of shipment The package price for forwarding remains must include what charges? -transfer of remains to the funeral establishment and/or place of local disposition -securing necessary authorizations -services of funeral director and staff The package price for receiving remains must include what charges? cash advances (Item #11) any item of service or merchandise described to the purchase as a "cash advance", "accommodation", "cash disbursement" or similiar term; any item obtained froma 3rd party and paid for by the funeral provided ont he purchaser's behalf -cemetery and crematory charges -clergy honoraria -escorts -religious services (Chevra Kadisha) What are certain items listed as cash advance items on a GPL? 1 (NYS), "Services and merchandise provided as cash advance items will be billed at the same amount paid by the funeral firm" How many disclosures are listed on the Cash Advances section of the GPL? Pre-need agreement a binding contract between a funeral firm and the purchaser to provide services and merchandise in the future for a named beneficiary. The firm agrees to provide the services and merchandise selected for the beneficiary when the death occurs and the purchaser agrees to make payment for those services and merchandise in advance of the death Beneficiary the named individual for whom a preneed trust agreement is purchased, this may also be the purchaser Commingle to mix or blend; used in this chapter to mix or blend funds or accounts of one with those of another Prevailing rate of interest a term used to describe the average interest rate currently charged by lending institutions on mortgage loans Purchaser the named individual paying for and purchasing a preneed trust account. The purchaser may also be the beneficiary Funeral firm of the purchaser Funds paid into a preneed trust account continue to be the funds of the purchaser and must be held in trust by the _____________________? Interest Funds must be deposited in an _______________ bearing account in a bank, national bank, federal savings or loan association located in New York State False True or False: an administrative, consultation or other fee may be charged to any person planning and making payment for a preneed trust account 10 Within how many days of receiving preneed funds, they must be deposited in an interest bearing account at a certified financial institution -preneed funds must be deposited in a financial institution earning interest at a rate no less than the prevailing rate of interest earned by similar deposits in financial institutions -funds may not be commingled with other funds of a funeral firm or a funeral directors -they must be held on deposit, with any interest earned, until the services and merchandise has been provided and delivered What are some other regulations involving the depositing of preneed funds? 30 business days within how many days after the funds have been deposited in an interest bearing account, must the funeral firm provide the purchaser provide a written notification naming and identifying the institution where the funds are deposited? 30 days Within how many days should a funeral firm notify the purchaser that their funds have been transferred or for any change in the institution where funds are deposited Annual Statement a funeral firm, or their representative must annually provide a ___________________ identifying the location of, and the annual interest earned on the account -location of the account -amount of money in the account -amount of interest on the account a purchaser may request an account statement at any time and a funeral firm must provide one within 30 days, identifying what three things? 10 business days A purchaser has the right to change the funeral firm or funeral director, or type of service at any time. These said changes must be carried out within how many days of the request True True or False: A person with the right to control the final disposition may also make changes to the services and merchandise selected following the death of the beneficiary, assuming their is no agent form or other written instrument with instructions to the contrary - Supplemental Security Income (SSI) and benefits -Medicaid What two types of preneed accounts are considered irrevocable? 1. A family member is defined as an applicant or recipients (spouse, minor and adult children), brothers, sisters, parents, etc. 2. Customary and acceptable services and merchandise on an irrevocable preneed may include: topical disinfection, custodial care, dressing and casketing, supervision for funeral services, etc 3. Irrevocable pre-need trust fund agreements must include the following statement in conspicuous print. (SEE NEW YORK STATE DISCLOSURE ON SSI AND MEDICAID) According to DOH Administrative Directive No. 4 issued in 2011, relating to pre-needs for applicants or recipients of medicaid, what tare three special items of special interest to the funeral service industry? lesser or equal value Changes may be made to an irrevocable preneed account, but must be for services or merchandise of..................? county If in result of making changes to the total cost of services and merchandise, the cost of service is lower than the value of the account, all remaining funds must be sent to the ____________________ that the beneficiary resided in at the time of their death Irrevocable If a beneficiary has an existing revocable preneed account when applying for SSI or Medicaid benefits, it must be converted to__________________? True True or False: the law states that no one, including the purchaser, beneficiary, legal representatives and heirs is entitled to the repayment of irrevocable funds They must be in writing and contain: 1. the identification of all moneys paid or to be paid 2. the identification of any fees paid to administer the trust fund 3. notify the purchaser of the right to be repaid moneys paid, together with accrued interest, and of the right to receive an annual statement 4. identify the provider of each service or item of merchandise and fully describe each service or item of merchandise 5. Describe the obligations of each party 6. Specify the name and address of a person, not living at the address of the purchaser, to whom required notices may be sent if the purchaser cannot be contacted 7. Include mandatory irrevocable account disclosure in irrevocable agreements Preneed agreements must be in what form and consist of what 7 things? .75% (.0075) Fees on any trust fund may not exceed what percentage? - in the event the service or merchandise cannot, for reasons beyond the control of the parties, be provided when needed - in the event the cost of services or merchandise, when needed, exceeds the amount of the moneys paid and accrued interest -in the event the amount of the moneys paid and accrued interest exceeds the cost of the services or merchandise when needed When describing the obligations of a party, what three things must be stated in said description BOTH the new and former owners must notify existing preneed account purchasers of the sale or transfer in writing within 30 days of the sale or transfer of funds When a funeral business is sold or transfers ownership, the General Business Law requires that_____________________ they must comply with the General Business Law, which includes the repayment of any funds and providing of funeral law merchandise and services if the former owner was responsible and liable What responsibilities does the new owner when they take ownership over pre-deposited funeral funds they must disclose the following information of preneed account and funds to the new owner including - the names and addresses of all persons who deposited funds -the amount and location of said funds -the names and addresses of persons who have received funds -the amount of any such refunds What responsibilities does the former owner have when they transfer ownership over to a new owner? repay all preneed funds and accrued interest as if a demand had been made to to so if a funeral firm has ceased operations and discontinued offering funeral services and merchandise must________________? 30 days from termination or discontinuation After the termination or discontinuation of a funeral business, how many days does the firm have to repay all preneed funds and accrued interest? Guaranteed Preneed Accounts an account in which the funeral firm agrees the prices for services and merchandise as stated in the agreement at the time of purchase, will not change at the time of need. Surplus funds if there are more funds in the account than needed to cover the cost of services and merchandise at the time of need, these are known as? the purchaser of the agreement or estate of the deceased CONTINUED...