Price Lists General Price List 16 CFR 453.2(b) (4) Supplement p. 131

General Price List  Keystone of the Funeral Rule.  Itemization is the central provision.  May be printed or typewritten.  Must be given for retention.  Triggering events: 1) prices of funeral goods/services 2) overall type of funeral service 3) specific funeral goods/services

Triggering Events (cont’d)  Applies whether the discussion takes place in the FH or elsewhere.  An “in-person” request to embalm is not a triggering event by itself.  Any other discussion during the removal is a “triggering event”.

General Price List Format  FH Name, address, telephone number  Heading: “General Price List”  Effective date.  Print must be legible.  16 required items can be in any order.  Disclosure above the basic services fee.

16 Items of Itemization  Must be listed on the GPL if offered by the funeral home.  Must include the dollar amount.  Funeral homes need only list the services they offer.  Additional services must be itemized.  Package funerals must be offered in addition to the required 16 items.

16 Goods and Services  1) Basic Services of the FD & Staff –only fee that may be non-declinable  2) Embalming  3) Other Prep. of the Body  4) Use of Facilities & Staff for Visitation  5) Use of Facilities & Staff for Funeral Ceremony

16 Items (cont’d)  6) Use of Facilities & Staff for Memorial Service  7) Use of Equipment & Staff for Graveside Service  8) Transfer of Remains to FH  9) Hearse  10) Limousine  11) Caskets Price Range

16 Items (cont’d)  12) Outer Burial containers  13) Forward of Remains to Another Funeral Home  14) Receiving Remains from Another Funeral Home  15) Immediate Burials  16) Direct Cremation

Mandatory Disclosures  6 mandatory disclosures must appear on the GPL  Prohibited from editing or modifying the mandatory disclosures.  Must be printed in a clear and conspicuous manner.  Can include additional information.

Mandatory Disclosures (cont’d)  1) Right to select only goods and services desired.  2) Embalming  3) Alternative Containers  4) Basic Services Fee  5) Casket Price List  6) Outer Burial Container Price List

Package Funerals  May assemble various goods and services and assign one price.  May be offered as a discount.  Must be offered in addition to itemized pricing.  Must contain a full description of the goods and services offered.

Distribution of GPL  Anyone who inquires in person.  3 points of discussion that “trigger”  Must be given for retention.  Request to embalm is not a “trigger”.  Not required to mail a GPL.

Casket Price List  16 CFR (b) (2)  May be printed or typewritten.  Must be presented to people who inquire “in person”.  Offer when discussing and before showing caskets.

CPL (cont’d)  Retail prices of all caskets and alternative containers “regularly” offered.  FH name and caption “Casket Price  List” & identifying information  Effective date.  Not required for retention.

Computer Based Casket Programs  Information required by the Funeral Rule must be displayed in a clear and conspicuous manner.  Computer program must contain all caskets and containers “routinely offered” by the funeral home.  Price must be clear and conspicuous.  Disclosures must be on same screen as pictured merchandise.

Outer Burial Container Price List  (b) (3)  Printed or typewritten.  Must offer upon discussion of or before showing the containers.  FH name, “Outer Burial Container Price List”, effective date, identifying information  Must contain all product “regularly” offered.  Not required for retention.

Statement of Funeral Goods and Services Selected  (b) (5)  No specific format required.  In NJ must conform to: 13:  Itemized statement of all funeral goods, services and cash advances.  Mandatory disclosures: 1) legal and other requirements 2) embalming 3) cash advance items

Embalming Requirements/Provisions  3 conditions: –1) state law requires it –2) family gives permission –3) exigent circumstances  (3 conditions)

Retention of Documents  1 year after the date of the last distribution  SFGSS: 1 year from date of the arrangements conference NJ: 13: (7 years)  State Exemptions

Federal Rule Offenders Program (1996)  1997: 44 funeral homes offered participation as an alternative to litigation  Administered by the FTC (NFDA assisted in its development)  “FTC Sweeps”  By 2010 more than 2400 funeral homes have been inspected  396 substantially non-compliant

 During 2010, more than 140,000 consumers and business ordered copies of: –“Paying Final Respects: Your rights when Buying funeral Goods and Services”; “Funerals: A Consumer Guide” and “Complying with the Funeral Rule”

NFDA’s Tips to Avoid Getting “Stung”  stack of GPLs at FH entrance  Stack of GPLs in reception area  Stack of GPLs in arrangement office  Copies of CPLs outside the SR  Staff training (non-licensed & licensed)