FSE 1080 Funeral Law Chapter 16 study guide

Who two categories does the GLBA cover?

1. Traditional financial institutions 2. Non-Traditional financial institutions.

What is meant by an Existing Business Relationship?

Important exemption to the telemarketing sales rules are calls made to consumers with which the funeral home has an established business relationship.

What is the full name for what is called the HIPAA Privacy rule?

Privacy of Individually Identifiable Health Information

Describe the Pretexting Provisions of the GLBA

Prohibits third parties from obtaining personal information through fraud or trickery.

What section under HIPAA recognizes funeral directors in regard to receiving information?

Section 164.512 (g) of the rule allows covered entities to disclose confidential health information to funeral directors consistent with applicable law, as necessary to carry out their duties with respect to a decedent.

What are some other things that Funeral homes that engage in telemarketing should be aware of?

Should be aware of the other requirements of the telemarketing sales rule, there are provisions which restrict the time that calls may be made, requirements regarding mandating prompt identification of the telemarketer, the company they represent, and the purpose of that call, prohibitions against blocking caller ID, and other restrictions against abusive practices.

Does the FDCPA apply to funeral homes who collect their own debt?

The FDCPA would not apply to a funeral home which is contacting consumers about overdue accounts and unpaid bills. The FDCPA does not apply to businesses seeking to collect their own debts.

Can Covered entities make disclosures to funeral homes? How?

The HIPAA privacy rule allows covered entities to make those disclosures either as a voluntary reporting practice or as a reporting practice that may be compelled by state law.

Who is responsible for the regulation of HIPAA?

The U.S. department of Health and Human Services

Describe the Financial Privacy Rule of the GLBA

The purpose of the privacy notice is to inform consumers about the type of information the financial institution collects from consumers and what types of businesses or companies they share that information with.

What does HIPAA stand for?

Heath Insurance Portability and Accountability Act

What is a covered entity under HIPAA?

Businesses covered by the HIPPA Privacy Rule: Health care providers, heath care billing,and payment services, and health plans.

Give examples of Non-Traditional financial Institutions

Non-Traditional financial institutions include mortgage lenders, loan brokers, tax prepares, debt collectors, and financial advisers.

Which two agencies have Do Not Call Registries?

The Federal Trade Commission and the Federal Communications Commission issues telemarketing sales rules which implemented the national Do-Not-Call List.

What is the cost of a fine for a violation of the Do Not Call?

$16,000 fine

When was it enacted?

1996

When was it enacted?

The Gramm-Leach-Bliley Act of 1999

What are the actions that a covered entity must take?

- Notify patients about their privacy rights and how their health information will be used. - Adopt and implement privacy procedures for the covered entity. - Train employees so that they understand and privacy procedures. - Designate an individual to be responsible for seeing that privacy procedures are adopted and followed. - Secure patient records containing individually identifiable heath information so that they are not readily available to unauthorized parties.

What are the 9 prohibited actions?

1. Contacting a consumer by telephone before 8:00 am or after 9:00 pm local time. 2. Not ceasing any further communication with a consumer once requesting by the consumer. 3. Calling the consumer numerous times with the intent to annoy, abuse or harass the consumer. 4. Communicating with a consumer at his or her place of employment. 5. Contacting the consumer when the consumer is represented by an attorney. 6. Publishing the consumer's name and address on a bad debt list. 7. Threatening arrest or legal action that is not permitted or demanding amounts that are not collectible under applicable law. 8. Engaging in abuse or profane language. 9. Reporting false information on the consumer's credit report.

3 requirements in which funeral homes engage in that require them to comply with the GLB act are?

1. Providing credit 2. Pre-need insurance Agent 3. Arranging Loans

Are Funeral homes considered either type of Financial Institution?

Funeral homes are neither type of financial institution. The GBL Act does not cover funeral homes.

Who is the EBR limited to?

The EBR exemption is limited only to the consumer with which the business relationship was established.

What does the FDCPA require the debt collector to provide/disclose?

The FDCPA requires debt collectors to identify themselves, notify the consumer about the debt that is being collected, provide verification of the debt upon the request, and notify the consumer of his or her right to dispute the debt.

What is the purpose of the Gramm-Leach- Bliley Act?

The GLB Act and the regulations developed under it are designed to protect the privacy of consumer information held by financial institutions.

A funeral home employee sells insurance for pre-need, is the employee responsible for complying with the GLBA? Why or Why not?

The obligation of the GBL Act are on the insurance company, not the funeral home as the agent. It is the insurance company that would be required to issue privacy notices and safeguard consumer information under the GLB Act, not the funeral home.

How often must a Do-Not-Call list be scrubbed?

The regulations require that the list be scrubbed every thirty-one (31) days.

Why was the fair debt collection practices act enacted?

To eliminate abusive practices in the collection of consumer debts.

Funeral directors may ask for information to do what?

To perform their duties in regard to the decedent.

Describe what a Business Associate is within the context of HIPAA

When a covered entity has another business perform functions or activities on behalf of the covered entity, and that business is provided patient health information, the business is regarded as a "Business Associate" of the covered entity.

When does EBR exist?

1. The funeral home has sold goods or services or entered into a financial transaction with the consumer in the eighteen months preceding the telephone solicitation. 2. In the three months preceding the telephone solicitation, the consumer inquired about goods or services offered by the funeral home and the relationship was not terminated by either party.

Can Funeral homes be found liable for the acts of telemarketers they employ?

A funeral home will be liable if a telemarketer, such as pre-need insurance agency representing the funeral home, violates the telemarketing sales rule.

Describe the Safeguard rule of the GLBA

The regulation requires the use of computer firewalls and encryption devices to protect consumer information. Also dictates procedures that financial institutions should follow to destroy consumer financial information, such as the use of shredders and specially designed trash containers.

Can covered entities provide information prior to death? if so, under what conditions?

The rule also states that when necessary for funeral directors to carry out their duties, Covered entities may disclose protected health information prior to and in reasonable anticipation of an individuals death.

Who is responsible for complying with the Do Not Call Registries?

The rules not only cover telemarketers, but any company that hires or retains a telemarketer to sell on its behalf.

How many parts are there? What are they?

There are three primary parts to the GLB Act: The financial Privacy Rule, The Safeguard Rule, and the Pretexting Provisions.

Give examples of the Traditional Financial Institutions

Traditional financial institutions such as banks, stockbrokers, and insurance companies.