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, N...
2 CE hours
A licensed funeral director can earn how many CE hours for preparing ONE HOUR of CE that they teach.
"residence telephone number" or "number to call if no answer"
Any other telephone number also listed for the funeral firm must be listed as either ___________________?
Body Reciept
Any place of burial or disposition must issue a _________________ to the funeral director after or registered resident who delivered the body
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 _____________________?
the county where the medicaid/SSI recipient resided at the time of death
Any account overages remaining after a full payment of funeral services and merchandise originally selected must be forwarded to ________________?
subdivision of this section or by destruction, cancellation, or mutilation of the document and all executed copies thereof
Any document of gift which has not been delivered to the donee may be revoked in the manner set out in _______________?
Every person entitled to engage in business and practice of funeral directing must at all times while actively so engaged or while on the premises of any funeral establishment, carry on their person a current:
Current certificate of registration issued by the DOH
Upon the request of any persons with funds on deposit for a pre-need, the funeral firm must provide a statement identifying the location of the account, amount of the account, and interest earned within ______ day.s
30
Upon request of any person w/ funds on deposit for a prefunded pre-need, the funeral firm must provide a statement identifying the (1) location of the account, (2) amount of the account, and (3) interest earned, within _________.
30 days
A chapel or reposing room must be a minimum of at least
300 square feet of floor space
A funeral firm must retain the original copy of a body receipt for a period of _____ yrs.
4
The death of a person that dies in NYS must be registered within ______ hrs. of the death or the finding of the dead human body.
72 hours
No. A funeral home cannot discriminate or charge any family or refuse to serve them based on their services requested
If a family wants to purchase a casket or other merchandise from a "big box" or online retailer, may a funeral home charge them a "third party" handling fee?
unfinished wooden box/alternative container
If a funeral firm elects to offer and arrange direct cremations, they MUST make ______________________________ available to customers
30 days
If a funeral home is sold or ownership is transferred or both, the new and former owner of the funeral home must provide written notification of this change within how many days to all persons who have set up preened trust accounts with that funeral home?
- No. The FTC Funeral Rule only covers price inquiries by telephone or in person. Funeral directors are not required to respond to email inquiries
Must a funeral director provide price information in response to an email inquiry?
Is the preparation and serving of food allowed in a reposing room or chapel when a deceased individual is present for viewing, visitation, or funeral service?
No
Must a death certificate accompany remains on a common carrier?
No
Commingling with other cremated remains, or within the same temporary container or urn
Unless under written permission, no person may dispose cremains by............?
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?
The funeral home may either list the price range of outer interment receptacles they offer, or the funeral home may list outer internment receptacles they offer on the GPL
What are the two options for providing a list of outer internment receptacles to a customer?
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).
-the individual is found with intent to damage property of another person, or is found to have damaged any real or personal property maintained as a cemetery plot or grave, without having no reasonable ground or right to do so. -the individual is found with the intent to steal personal property located at a cemetery plot or grave and said property is owned by the person or organization who owns such place or estate
a person is guilty of cemetery desecration in the 2nd degree when....?
Consumer
a person solicited to purchase or who purchases a memorial.
Class A Misdemeanor
a person who is found guilty of cemetery desecration in the 2nd degree is guilty of a..........?
class a misdemeanor
a person who is found guilty of disruption or disturbance of a religious service, funeral, burial, or memorial service is guilty of a..............?
Class E Felony
a person who is found guilty of the crime of cemetery desecration in the 1st degree is guilty of a.........?
misdemeanor
a person who is found without authority of a law, obstructs or deatains any persons engaged in carrying or accompanying the dead of a human being to a place is guilty of a.......?
Funeral entity
a person, partnership, corporation, limited liability company or other form of business organization providing funeral home services, owning, controlling or conducting, or who is affiliated with a funeral home.
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
Physician or surgeon
a physician or surgeon licensed or authorized to practice medicine under the laws of any state
Coroner's physicians
a physician, licensed to practice medicine in this state, that exercises the duties authorized in NYS County Law related to the investigation of certain death cases JOINTLY with a non-physician coroner
Foundation
a poured concrete or other permanent base intended to support a memorial and installed at the gravesite in the appropriate location
Demonstration
a pre-planned gathering of twelve or more persons who are invited or organized by an organizer to convene for the purpose of a public exhibition including a procession, parade, protest, picket, march or rally on public property concerning and in the vicinity of a funeral event
abandoned pre-need account
a preened account that has been determined that the beneficiary is deceased but no necessary information is available to close the account is known as a.......
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
Hospice
a program issued a certificate of approval pursuant to Article 40 of the Public Health Lawand defined as such in section 4002 of said law
-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?
Casket (coffin)
a rigid container designed for the encasement of human remains and customarily ornamented and lined with fabric
Casket (or coffin)
a rigid container designed for the encasement of human remains and customarily ornamented and lined with fabric
casket, coffin
a rigid container designed for the encasement of human remains and customarily ornamented and lined with fabric
Casket (coffin)
a rigid container designed for the encasement of human remains and customarily ornamented with lined fabric
Funeral home (funeral establishment)
a single, physical location, address or premises devoted or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes
Prevailing rate of interest
a term used to describe the average interest rate currently charged by lending institutions on mortgage loans
Funeral event
a wake, funeral, burial or memorial service conducted within thirty days after the death of the person who is the subject of such event
a. be in writing b. identify all monies paid or to be paid c. identify any fees paid to the administrator of said trust fund d. notify the person making payments of his/her right to be refunded the total amount paid e. provide an itemized statement describing the goods and services provided at the time of need, and identifying the provider of each item or service f. the duties of said parties
all pre-need funds at a minimum must:
12 hours of continuing educatino commencing on June 30th of the EVEN years
all licensed and registered funeral directors in NYS must obtain how many hours of continuing education, starting with biennium on commencing on what date?
portable
all pre-need accounts must be ____________________, meaning at anytime, the purchaser may decide to move funds to a different funeral home, in any state, with no fee or penalty
12 point
all pre-need agreements must use what font size?
Misdemeanor
all the violations that can occur while using vital records are guilty of a.........?
certificate attesting that they have completed CE requirements
along with the biennial application for registration renewal, each funeral director must file a _____________?
Cash advances (accomodations)
amounts advanced on the customers behalf for various services and merchandise, including, but not limited to cemetery/crematory charges, clergy honoraria, flowers, newspaper notices, music, etc.
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.
Medical Examiner
an appointed county official and physician licensed to practice medicine in this state, that exercises the duties authorized in NYS county law related to the investigation of certain death cases
Person
an individual of age eighteen years or older
Fiduciary
an individual who holds something in trust for another; a trustee
Person
an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity
seller
an individual, firm, corporation, not-for-profit corporation, religous coporation, or any agent thereof
Funeral firm
an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing.
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.
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"
no
are death certificates taxable?
All charges on an Itemization of Funeral Services and Merchandise Selected are going to be listed under either Funeral Home Charges or Cash Advance Charges.
True
An active FD has both a license & registration
True
Any person receiving the body of a deceased person at a place of burial, cremation, or other final disposition must provide a receipt for the body to the funeral director, undertaker, or reg. resident making such delivery.
True
Funeral establishments may not be operated or located on real property owned, leased, or under the control of a cemetery. True or False?
True
If a beneficiary has an existing revocable account when applying for SSI or Medicaid benefits, the account must by law be converted to irrevocable. True or false?
True
Power of attorney ends at death. True or false.
True
The body of a person that has died in NYS may not be removed from the state unless a permit has been issued for such removal by a local registrar in NYS.
True
When a funeral firm is owned and operated by a corp., each funeral establishment the corp. operates must have a designated manager that is a licensed and reg. NYS FD.
True
While the term "funeral home" is used all across NYS, it is not an official, legal term used in the law to define or describe funeral directing activities or requirements.
True
True
True or False: As a funeral director in regards to family disputes, you can only act on what you know/dont know/ what you've been told. As long as you dont know something other what you have been told, you may carry out the disposition of the person claiming to have control of the remains
True
True or False: Cash Advance items MAY be estimates and the funeral home can NOT make a profit from them
True
True or False: Funds set aside for a irrevocable funeral trust account are not considered to be an asset when determine eligibility for Medicaid
False
True or False: Funeral Home Charges MAY be estimated and the funeral home can NOT make a profit on them
True
True or False: Funeral directors are exempt from CE requirements for the biennium in which they are first licensed
False: 50% of the CE requirements can be taken virtually through online seminars and meetings
True or False: Funeral directors can obtain their CE requirements only through face face classroom style meetings and seminars?
True
True or False: If a funeral firm offers to purchase additional services or merchandise and charges more than the actual cost, or receives and retains any rebate, commission, trade, volume discount or benefit, the firm must list them in Item #9
True
True or False: If an individual dies on a common carrier and a physician who is travelling on the same common carrier and provides medical aid is authorized to certify the cause of death and sign as the last attending physician
True
True or False: If cash advance charges are guaranteed in a funeral preneed agreement, they are no longer estimates and cannot be changed to reflect current prices at the time of death?
True
True or False: Interest earned on both types of preneed trust accounts is taxable by federal law
True
True or False: Irrevocable funds cannot be refunded, while revocable funds can be refunded. (this is a no-brainer)
true
True or False: Items listed under "Funeral Home Charges" shall not be estimated and estimates may only appear on the statement in reference to cash advance items
False, they should be listed as a cash advance item
True or False: Package prices for forwarding or receiving remains DOES NOT include public transportation charges.
True
True or False: Selling life insurance policies for the payment of funeral, burial ,or other expenses where the beneficiary is a funeral or a funeral establishment is prohibited in NYS
true
True or False: The NYS Division of Cemeteries DOES NOT have jurisdiction over religious, municipal, private, national or family cemeteries?
False
True or False: The charge for the use of the preparation room shall may be listed as the use of this facility is included to the charge for "preparation of remains"
True
True or False: The charging of expenses related to the overall cost of doing business under "overhead" or "administrative costs" or any similar title is prohibited
True
True or False: The commissioner and any person authorized by him so to do, may, without fee or hindrance, enter, examine and survey all grounds, erections, vehicles, structures, apartments, buildings and places.
False
True or False: The cremation of remains of more than one deceased human being in a retort is legal an
False
True or False: The principal earned on both types of preneed trust accounts is taxable by federal law
True
True or False: The reasonable funeral expenses of the decedent subject to the payment of expenses of administration shall be preferred to all debts and claims against his estate and shall be paid out of the first moneys received by his fiduciary
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
True
True or False: When a body is transported from outside the state, a burial transit permit must accompany it?
True. You are not required to mail or fax you GPL, it is up to you whether you want to honor that request
True or False: You are only required to to distribute your GPL if there is a face-to-face discussion involving funeral prices/arrangements?
True
True or False: a person who holds a license as a funeral director or undertaker and is registered as required herein may hold himself out and advertise as a funeral director, undertaker, or mortician?
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
False
True or False: can you charge a family for use of parking facilities, lounges, storage rooms or other common facilities.
True
True or False: cemetery corporations with 30 acres or less land dedicated for cemetery purposes are only required to comply with subdivision A and B of the list of cemetery regulations. (They MAY NOT sell or lease cemetery property or commingle funds with a funeral entity).
True
True or False: it is illegal for charging in excess of the amount paid or owed to third parties on behalf of a customer, or not passing along to customer any discount, rebate or other benefit received for service or merchandise described as a cash advance
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
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________________?
Priority #6- decedent's surviving siblings (18 years or older)
if more than one sibling meets the priority, all have equal standing
funeral director
if the person in charge of the place of burial or disposition is not present during the delivery, it becomes the responsibility of the _________________ to carry out the duties related to endorsing and filing the burial transit permit
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?
Burial
interment of human remains in the ground, or in a tomb, vault, crypt, cell or mausoleum and includes any other usual means of final disposition of human remains other than cremation
County
normally the largest territorial and political subdivision of a state
triggering event
occurrence of situation that requires certain action i.e. the triggering event for giving out the GPL is face-to-face meeting.
Any number of 6 classes (see next question) or if the donor has revoked the authorization
once an individual has executed a proper authorization, it may not be rescinded by.....................?
Devisee
one who inherits real estate under a will
In a partnership, who must be a licensed FD?
All
$150
All CE providers must first register with the Department of Health and pay a registration fee of _____________ for the first biennium?
4 years after the distribution date
All copies of a funeral home price list must be kept on file at the funeral firm for ______________
Which of the following conditions must be present before the transportation of human remains by common carrier? 1. Burial/transit permit to accompany remains 2. Copy of DC to accompany remains 3. Bodies must be in a leak-proof container 4. Bodies must be clothes or covered by a shroud 5. External body orifices closed w/ cotton 6. Name tax affixed o dead body w/ name as on DC
All except 2
GPL Part 1
Alternative Services
40,000 per violation
As of 2016, the fine for each FTC violation of the Funeral Rule is
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.
Additional Services and Merchandise
(Item #9) Registrar, prayer cards, flag cases, etc, any additional merchandise sold by the funeral home.
Reg. districts for the prupose of filing DCs are based on the already establisged boundray lines for:
Cities, towns, and villages
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.
An amendment fee to change the address of a funeral establishment is
$100.00
An amendment fee to change the firm name under which a funeral establishment operates is
$100.00
An amendment fee to change the name of the manager of a funeral establishment is
$100.00
The biennial reg. renewal fee for an ACTIVE FD is _____.
$125
How much does it cost to renew a funeral directors registration?
$125.00
A funeral home biennial renewal registration fee is
$300.00
An amendment fee to change the ownership name of a funeral firm is
$400.00
An initial (new business) registration fee for a funeral establishment is
$400.00
Direct Cremation and Direct Burial (alternative services)
(Item #1) what two package prices must be listed on the GPL?
Limited services
(Item #10) the charge listed for forwarding remains to another funeral home or receiving remains from another funeral home.
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
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.
Preperation of remains
(Item #3) Cremation and embalming Most choose traditional service w/ 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.
- any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation - any accredited medical or dental school, college or university for education, research, advancement of medical or dental science, therapy or transplantation -any specific donee, for therapy or transplantation needed by him -an organ procurement organization meeting the requirements of article forty-three-B of this chapter
(PBH 4302) The following persons may become donees of gifts or bodies or parts thereof for the purposes stated:
Part
(of the body) includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body. "Part" also includes "parts"
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 #4- decedents surviving children (18 years or older)
- if all children are 18 years or older, any of them have equal standing
a. shown or displayed upon or in any funeral establishment; or b. used alone, in, as part of, or in connection, association, combination, or together with
-the name of any living person who has not been duly licensed and is not duly registered as specified in this article shall not be.....
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"
Third party administration fees for interest bearing pre-need accts. may not exceed three-quarters of one percent. The numerical expression of this percentage rate for calculation purposes would be:
.0075
A FD may be authorized to serve as the manager for a max. of _______ funeral establishment(s).
1
What are the minimum number of times a consumer must -by law- sing and therefore acknowledge receipt of the Itemization of Funeral Service & Merch. Selected.
1
Temp. storage of an uncasketed body awaiting burial or other final disposition may take place in which of the following locations? 1. A storage room approved by the DOH 2. An approved casket selection showroom 3. A prep. room approved by the DOH 4. A residence, when obscured from public view
1 and 3
Which of the following pieces of information concerning the decedent must be included on the Itemization of Funeral Services and Merchandise Selected given to every customer at the conclusion of arrangements?1. Date of death2. Time of death3. Place of death4. Date of birth
1 and 3
Documents which have been obtained for, or supplied by, the customer, must be given to the customer by the director within ______.
1 week of the funeral
When burying the body of a deceased person in a cemetery having no persons in charge, the FD is required to which of the following: 1. Sign the permit, giving date of burial 2. Write across the face of the permit "No Person In Charge" 3. File the permit w/ the registrar of the district in which the death occurred 4. File the permit with the registrar of the district in which the cemetery is located
1, 2 and 4
Upon the request of any person w/ funds on deposit for a pre-need, the funeral firm must provide a statement identifying which of the following: 1. location of the acct .2. amount of the account. 3. interest earned on account. to date 4. annual % rate
1, 2, and 3
when reporting deaths that occur in the city.... 1. If the death is from natural causes and occurs in a hospital
205.03 Reporting Deaths
Any change in the name, address, ownership or other legal status of a funeral firm operating from a funeral establishment must be reported to the DOH in writing within _____ days of any change.
10
How many categories are on a NYS price list?
10
Funeral directors have ______ to deposit funds they have received in payment for a pre-funded pre-need account.
10 business days
Money paid on a pre-need acct. must be deposited in an interest-bearing acct. within ______
10 business days
If a funeral director moves to a new address, how long do they have to contact the DOH in writing of their new address?
10 days
10 days
100% of pre-need funds must be deposited in an interest bearing, government backed account trust account within how many days of receipt to ensure that they are not commingled with other funeral funds?
A required statement on a irrevocable preened document must be written in at least
12 point type
A preparation room must have a minimum of _______ floor space
120 square feet
The maximum interest rate allowed to be charged to customers with an unpaid bill is
16% per year
FD's must complete a min. of ______ contact hrs. of continuing ed. in each reg. biennium on topics relating to applicable NY state laws & regs. to be eligible for reg. renewal at the conclusion of the current biennium period.
2
How many "packages" must be offered for a Direct Burial listing on a GPL?
2
Which of the following must be conspicuously displayed in EVERY funeral establishment? 1. Establishment license 2. Establishment reg. 3. Manager license 4. Manager reg.
2 and 3
A burial/transit permit is required for the disposition of a fetal death if the gestation period at the time of death was _______ weeks or more.
20
The EDRS is support thru a payment or $ ______ for each burial & removal permits issyed to a licensed FD.
20
any funeral service provider who offers a casket or outer internment receptacle for sale in a selection room -shall prominentley display the actual retail price on each casket or outer internment receptacle, in at least one-half inch numbers, as well as composition and model number of said casket/OIR -shall present to a customer for his or her selection a photograph or other pictorial representation of each model of casket or other interment receptacle so offered, with the price, composition, price and model number prominently displayed
20-731 Casket and Outer Interment Receptacle Information
Any provider of funeral services shall prominently display on the funeral services establishment premises and make readily available to any customer or prospective customer a printed and presentation sheet that shall be revised annually, containing an itemized list of funeral merchandise and services available, appropriate disclosures regarding legal requirements and form and contents which shall be prescribed to customers
20-732 Statement to be furnished by provider of funeral services
It shall be unlawful for any provider of funeral services to: a. embalm without orally informing the customer that embalming is not required by law or to furnish other services or merchandise including embalming without having first obtained from the customer explicit written or oral authorization b. obtain custody of a deceased human body without having first received from the customer explicit written or oral authorization c. fail to promptly release a body or give information regarding the care or wheareabouts of a body upon request of a customer d. misrepresent cremation needs including requiring a customer who expresses an interest in immediate cremation of deceased human remains to purchase a casket, or claiming expressly or impliedly that a casket is required by law, or failing to make available to such customer an alternative container e. misrepresent the law, public health necessity or religious requirements including the legal and health necessities for embalming, a casket, or an outer interment receptacle f. make false preservative value claims, including claiming that decomposition or decay of a deceased human body can be prevented by the use or purchase of embalming, a casket, a burial vault or other outer interment receptacle g. charge in excess of the amount advanced, paid or owed to third parties on behalf of customers, or not passing along to the customer any discount, rebate or other benefit received from third parties for any items of service or merchandise described as "cash advances", "cash disbursements", or "accomodations"
20-733 Prohibited Practices
- it shall be unlawful that for any provider of funeral services a. to fail to display the three least expensive caskets offered for sale in the same general manner as other caskets are displayed, provided that if fewer than twelve caskets are displayed, only the least expensive casket must be so displayed b. to interfere with the customers selection of merchandise or services offered for sale
20-734 Merchandise and Service Selection
- it shall be unlawful for any provider of funeral services to directly or indirectly prohibit, hinder or restrict, or attempt to prohibit a. the offering of advertising of the availability of low-cost funerals, immediate cremation or other forms of disposition, or arrangements for funeral services in advance of need by any provider of funeral services, memorial society, or other person, partnership, association or corporation b. any contract or arrangement between a memorial society and any provider of funeral services c. the disclosure of accurate price information in any manner regarding funeral merchandise or services by any provider of funeral services
20-735 Interference with the Market
-any provider of funeral services shall, upon request, provide over the telephone, information regarding the range of prices and shall affirmatively disclose the availability of a presentation sheet at the establishment
20-736 Price Information over Telephone
the commissioner shall promulgate rules and regulations reasonably necessary to effectuate the purposes of this subchapter
20-737 Regulations
violation of any provision of this subchapter shall be punishable by a civil penalty of not less than one hundred nor more than one thousand dollars for each violation
20-738 Penaltiess
Not-for-profit organizations and government agencies
What are the two authorized alternative pricing methods in NYS?
A FD must take at least ______ % of their continuing ed. requirement each biennium in the form of receiving live classroom instruction.
50
When applying for the renewal of funeral establishment regs., a funeral firm must notify the state if there has been a change in the "controlling interest" of the business. In these cases, "controlling interest" means _________ interest in a partnership, or of the issued & outstanding shares of stock in a corp.
51%
Retention
A GPL must be provided for a customer to keep for ___________________, according to NYS Law?
The only type of business allowed to have the word "cremation" in their business name is
A LLC
24 hours after notice of death by the person having lawful possession, charge or custody of control of the next of kin
A body of a deceased person shall not be delivered to a university or institution within _______________?
-be endorsed by the person receiving the body -indicate the day the body was delivered -include the name and registration number of the funeral director or registered resident delivering the body -the name of the deceased person as it appears on the burial, cremation, or transit permit -include the name of the owner, operator, manager or person in charge of the the place of burial, cremation, or disposition
A body receipt must include_______________?
review
A casket price list must be available for ________________ after being given to a customer
72 hours
A death certificate must be signed in NYS no later than _______________ after the death of a person?
- a person who is related by blood in a manner that would bar marriage to the other person in NYS - shall not include any person who is less than eighteen years of age or who is the adopted child of the other person or who is related by blood
A domestic partner shall not be included as ____________
72 hours
A fetal death must be registered within ___________ of the death
-Ascertain the "certifier of death" -Provide transfer of the remains from the place of death
A funeral director has TWO duties after being notified of a death. What are they?
retention
A funeral home GPL must be available for _________________- after being distributed to the customer
4 years
A funeral home must keep all records pertaining to pre-need accounts for how many years?
- the individual is found with the intent to damage any real or personal property of another person that includes a grave, cemetery plot or burial place that exceeds $250 -the individual is found with the intent to steal personal property located at a cemetery plot or grave and said property is owned by the person or organization who owns such place or estate that exceeds $250 -the person commits the crime of cemetery desecration in the 2nd degree and has been previously been convicted of the same crime within the same preceding five years.
A person is found guilty of cemetery desecration in the 1st Degree when........?
not liable for any damages in any civil action or subject to prosecution in any criminal proceeding for his act
A person who acts in good faith in accord with the terms of this article or with the anatomical gift laws of another state is ________________ ?
misdemeanor
A person who arrests or attaches the dead body of a human being is guilty of a........?
Class D Felony
A person who opens a grave or other place of interment temporary or otherwise, while the body of a deceased human being without proper authorization is guilty of a
Class D Felony
A person who purchases, or receives except for the purpose of burial, the dead body of a human being, tissue, organ or part thereof from a grave, vault or other place, where the same has been buried, or from a place where the same has been desposited while awaiting burial (stealing a body), is guilty of a
Misdemeanor
A person who receives a stolen body is guilty of a
Misdemeanor
A person who receives a stolen body is guilty of a.........?
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
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?
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?
- the true firm name and address as registered with the department -the signature and printed or typed name of the funeral director or undertaker making funeral arrangements and the date such a statement was furnished to the customer -name of the deceased together with the place and date of death -the price of the funeral together with the price of each item of service and merchandise actually to be furnished -under the heading "Explanation of Charges", a clear, concise written description of the reasons for an embalming charge or any other charge made necessary by cemetery and crematory requirements, or other selections made by the person making arrangements -the dated signature of the person making arrangements acknowledging receipt of the itemization statement. This must be signed unless the person making arrangements refuses to sign it or signs and dates a contractual statement on the same form
According to Health Reg. 78.1 of PBH 3440. The contents of the itemization statement must include........?
-the name, address and telephone number of the funeral firm -the caption "General Price List" -the effective date of the price list
According to both NYS and the FTC, what THREE basic pieces of information must be provided on the GPL?
GPL Part 9
Additional Services and Merchandise
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?
-be signed and dated by the person opposed to the autopsy -be notarized -measure at least two inches and three inches -be made of cardboard based material -state: "I (name of person opposed to autopsy), do not consent to the dissection or autopsy of my body except as is required by law"
An autopsy may not be performed on the body of any person carrying an identification card indicating their opposition to an autopsy. This identification card must:
the purchaser or the decedent's estate
Any account overage remaining on the account for a REVOCABLE pre-need trust, all overages must be refunded to.....?
Yes, but funeral directors are encouraged to produce their own anyway.
Are cemteries/crematories supposed to provide their own "receipts"?
No
Are death certificates taxable?
Yes. A funeral director to receive up to 25 basis points from the currently-authorized trust fee (75 basis points) for the invaluable administrative services that he or she provides.
Are funeral directors entitled to any portion of the administrative fee allowed under law?
Yes. Mailings with a direct response option are allowed to solicit business; however, door-to-door and telephone solicitation is prohibited
Are funeral homes allowed to promote preneed business through direct mailings.
Only if they run their own preneed trusts.
Are funeral homes required to have an audit as well?
No
Are there any disclosures that are listed on the transfer of remains section of the GPL?
GPL Part 4
Arrangements
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?
-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?
- No, replacement of the interior of a rental casket is at the discretion of the funeral home
By law, do the interiors of rental caskets need to replaced after each usage?
Yes
Can a NP (nurse practitioner) or PA (physicians assistant) sign a death certificate?
Yes, they may charge the "actual and reasonable" additional costs necessary to do an interment in the winter months
Can a cemetery charge for a "winter burial"?
No
Can a funeral director charge for topical disinfection when a customer is being charged for embalming?
No. A funeral director must deposit all preneed funds in the account
Can a funeral director legally substitute an "IOU" to replace funds in a preneed funeral account?
No. Sellers who violate this provision will be guilty of a misdemeanor punishable by a fine up to $500 and one year of imprisonment.
Can a funeral home charge back to the family a credit card surcharge in New York State?
Yes a funeral home can charge interest on an unpaid balance of funeral bills. There no laws that prohibit a funeral home from charging interest on delinquent bills provided there is a provision in the contract and interest charge does not exceed the usury limits. The maximum rate is 16%
Can a funeral home charge interest on an unpaid balance and, if so, how much?
- Yes, there is nothing in the law that would preclude a funeral firm from copyrighting their GPL. However, a copyright may only be used on something that is unique to that particular firm (name/logo of the firm)
Can a funeral home copyright their GPL?
No, by offering a price match guarantee, it would appear that the buyer is never truly aware of what the funeral firm pricing is for, because that firms prices would depend constantly on their competitors GPL, or the customers ability to shop for a better price.
Can a funeral home offer a "price match gurantee" in which a competitors prices are matched with the funeral firm in question.
Yes. However, this must be disclosed in your itemization statement or agreement, and you must treat all customers equally
Can a funeral home require that funeral bills be paid in advance?
- No. A New York licensee cannot direct a complete funeral, sign death certificates, embalm, or make arrangements in New Jersey or vice-versa. However, a funeral director may bring funerals from New York into New Jersey for burial or cremation and supervise the interements without the presence of a New Jersey licensee.
Can a new york funeral director conduct a complete funeral in New Jersey without holding a New Jersey license?
Yes
Can a nurse practitioner or a physicians assistant sign a death certificate?
No
Can a registered resident make funeral arrangements?
It has been bureau policy that a sign to the effect of "Future Site of XYZ Funeral Home" is acceptable as long as the existing funeral home is currently registered with the state and the construction of the building has been started
Can a sign be posted at the construction site of a new funeral home?
No, NYS law requires that all moneys deposited into a revocable preneed account including any interest earned must be repaid "on demand" by the purchaser and "no administrative fees" may be implied
Can an individual be charged a penalty for withdrawing preneed funds early or for terminating their preneed account?
Yes, but only the prices of services and merchandise. Any other information or requests must be handled by a licensed director
Can an unlicensed individual answer the telephone to answer a customers question about pricing information?
No. A cemetery can no longer officially "close" during the winter or for regular, set periods of time using dates on the calendar. The Division of Cemeteries has just stated that a cemetery "must have made arrangements for the continuance of operations during the winter months"
Can cemeteries close based on specific dates/times of the year?
No. Only licensed funeral directors may use business cards. They must clearly state that the person is a NYS licensed funeral director
Can non-licensed funeral home employees have business cards?
Yes. The purchaser may always make changes on a preneed basis.
Can preneed funeral arrangements be changed?
No. This problematic beause it involves the person (the POA) appointing a third person (the agent), who may not have been acceptable to the individual (the principal) in question. This can easily be challenged in court. It may be more acceptable, however, for POA's to appoint themselves (rather than someone else) as agent since it was acceptable to the individual to have them serve as the POA
Can the individuals Power of Attorney (POA) appoint a final disposition agent?
Last Section of GPL
Cash Advances
What items, if offered, MUST be listed as a cash advance?
Cemetery and crematory charges Chevra Kadisha (Tahara) Clergy honoraria Bridge and road tolls Escorts Gratuities Certified copies of death certificates or transcripts Telephone and telegraph charges Public transportation (common carrier)
lesser or equal value
Changes may be made to an irrevocable preneed account, but must be for services or merchandise of..................?
funeral home charges or cash advances
Charges for additional services and merchandise selected by the customer, which the funeral firm purchases FOR the customer must be listed under
grave, crypt, niche, scattering at a designated scattering garden, or on the private property of a consenting owner
Cremains ma be disposed of by placing them in a..........?
-Place these items on your GPL, CPL, OBCPL -Have a seperate price lists for these arrangements (you only need to bring these to families making arrangements specifically for children and infants)
Concerning funerals for children and infants, what are the two ways you can list your fees for these kinds of services?
Monies in an irrevocable pre-need account in excess of what is needed to pay for such services and merchandise at the time of death must be paid to the:
County
-a violent death -death caused by unlawful act or criminal neglect -death occurring in a suspicious, unusual or unexplained manner -death caused by suspected criminal abortion -death while unattended by a physician, so far as can be discovered, or where no physician able to certify the cause of death as provided -a death of a person confined in a public institution other than a hospital, infirmary or nursing home.
County death inquiry officials have both the jurisdiction and authority to investigate the death of every person dying within their county, which appears to be.......?
Alternative services include
Direct cremation and direct burial
the care, disposal, transportation, burial, cremation or embalming of the body of a deceased person
Disposition
No
Do the charges for topical disinfection and custodial care need disclosures?
NYS has no authority in another state, but it is still recommended you do so.
Does a body delivery receipt need to be issued when being delivered to another state?
NYS has no legal force and effect in other states, but is still recommended that you complete and sign a form for record keeping purposes
Does a receipt need to be completed if the place of final disposition is in another state?
Yes, goods and merchandise that YOU SELL to a family member, are exempt from NYS sales tax, however funeral services that are tangibel (physical in nature) are not exempt from sales tax. So are the goods you buy wholesale
Does the state law provide any tax exemptions for funeral service?
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
-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
For which of the following would the law require details be listed under the "Explanaion of Charges" section of the itemized statment?
Embalming charges
funeral home sign
Every registered funeral firm shall display a _______________________ indicating the true funeral firm name as registered with the department
Business telephone
Every registered funeral firm shall have, listed and in working order, at its registered address, a _____________________?
-Attending physicians -Physicians acting on behalf of the attending physician -Coroner/Medical Examiner -Registered Physicians Assistant (RPA or PA) -Nurse Practioner (NP)
Examples of of Certifiers of Death include...........?
- a life insurance policy with a face value of $1500 or less - a house and savings depending on the size of the household
Excluded resources for medicaid include.....
120
Family members have ______________ days to claim cremated remains before the crematory may dispose of them in a grave, crypt, niche, etc.
.75% (.0075)
Fees on any trust fund may not exceed what percentage?
-the reason for such actions -signature of the person authorizing the action -names of the persons conducting the opening, transfer, or removal -names of witnesses to the opening, transfer or removal -manner of disposition of the original container
Following the opening of a cremation container, a record must be made containing what information?
- just funeral home charges -just cash advance charges -or both
For a PRENEED AGREEMENT, what three things can be guaranteed by the funeral firm?
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?
$500 dollars and possible registration suspension
For each succesive violation for failing to file a new registration for the new biennium, up to ____________________ shall be inflicted on the funeral director?
a. in the event the services/merchandise cannot, for reasons beyond the control of the parties, be provided when needed b. in the event the cost of services or merchandise exceeds the amount deposited and accrued interest when the service is to be provided c. in the event the amount of money deposited and accrued interest exceeds the cost of services or merchandise when they are provided
For pre-need funeral trusts, the obligations of each party must be described as follows......
Retain records/copies of preened arrangements
Four years following provisions of services
Retain records of returned funds for any purpose
Four years following such return
the indigent burial fund of the county where the beneficiary originally resided in
Funds in an abandoned IRREVOCABLE pre-need account would be transmitted to......
New York State Comptrollers Office of Abandoned Property
Funds in an abandoned REVOCABLE pre-need account would be transmitted to.......
Interest
Funds must be deposited in an _______________ bearing account in a bank, national bank, federal savings or loan association located in New York State
funeral merchandise
Goods sold by a funeral home in conjunction with the disposition of a dead human body
Alternative pricing methods approved by NYS are?
Government agencies and not for profit corporations
No. The only amendment made is that catering services may be added under the "Additional Services and Merchandise" category.
Has the state regulation governing the GPL changed much?
one week
Health Reg. 77.11 Funeral Director Practices Ever funeral director, undertaker or funeral firm shall give customers, unless otherwise agreed upon in writing at the time arrangements are made, shall furnish the documents that have been procured or supplied to the customer within __________________ of the funeral
-true firm name and address as registered with the department -the signature and printed or typed name of the funeral director or undertake making funeral arrangements, and the date such statement was furnished to the customer -name of deceased, together with the place and scheduled date of cremation -a statement, by the person making the arrangements, indicating the manner of disposition of the cremains -the date signature, address and phone number of the person making the arrangements -a disclosure statement by the funeral director indicating the manner of deposition of the cremains if unclaimed after 120 days from the date of cremation
Health Reg. 78.3: Customer Designation of Intentions Every person licensed pursuant to article 34 of the Public Health Law, including funeral directors and funeral firms shall furnish a customers designation of intentions. The written statement shall include the following
Several ways: - a funeral firm is required to display an external sign that clearly identifies its building as a funeral home and must use the name of the firm as it is registered with the DOH and must be conspicuously located at or near the main entrance with lettering at least 1.5 inches in height. -a funeral firm must use it's true name and address as registered with the DOH in all forms of media advertising -a funeral firms business cards may only list the names of licensed funeral directors -any licensee holding an "inactive certificate of registration" must disclose his or her inactive status in any advertising or promotional materials if their name is used in such materials
How do New York State laws govern advertising in relation to funeral homes?
2 (Both NYS)
How many disclosures are listed for the charge of embalming?
3 (One FTC, 2 NYS)
How many disclosures are listed in the Direct Cremation category?
2 (one FTC and one NYS)
How many disclosures are listed in the arrangements section of the 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?
Two (One NYS and One FTC)
How many disclosures are listed under preparation of remains?
2 (One FTC, One NYS)
How many disclosures are required for the "Arrangements" charge?
1 (One NYS disclosure each)
How many disclosures are required for the "Casket and Alternative Container" and "Outer Internment Receptacle" section on the GPL?
1 (NYS)
How many disclosures are required for the "Direct Burial" charge?
none
How many disclosures are required for the "Supervision" charge?
1 (One NYS)
How many disclosures are required to be listed under "Cash Advances"
11
How many disclosures are required to be on the GPL according to NYS?
6
How many disclosures are required to be on the GPL according to the FTC?
Three (1 FTC, 2 NYS)
How many disclosures must be listed in the Alternative Services section of the GPL?
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?
6 FTC and 11 NYS
How many disclosures must be listed on the GPL?
1 (NYS)
How many disclosures must be listed on the direct burial?
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
2 (One FTC, One NYS)
How many disclosures must be listed under the "Preparations of Remains" charge?
11
How many items must be featured on the GPL?
Three (1 FTC, 2 NYS)
How many opening disclosures must be listed on GPL?
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?
It must be listed as a flat fee for a specified number of miles from the funeral firm or for a geographical zone
How must the pricing for the transfer of remains be listed?
Cremation permit
Human remains may only be cremated when a _____________________ has been issued by an authorized registrar and accompanies the remains when delivered to the crematory
Irrevocable
If a beneficiary has an existing revocable preneed account when applying for SSI or Medicaid benefits, it must be converted to__________________?
Burial-Transit Permit (Disposition Permit)
If a certificate is properly filled out and signed, the registrar of the district in which the decedent had died, will produce a ____________________?
Yes. If you receive a call from Everest or anyone else, asking for pricing information, you have certain obligations under the Funeral Rule and the NYS DOH. This true even if it is your competitor, a journalist, a representative from the religious socities, literally everyone.
If a funeral planning and concierge service (such as Everest) calls my funeral home, must I provide them with my information?
Utica
If a person from Syracuse dies on a train travelling from Buffalo to Albany, and is removed from the train in Utica. What city will the burial transit be filed in?
Funeral homes are not required to store caskets that were purchased on a preneed basis. However, when a death a has occurred and an at-need funeral is arranged at the funeral home, they may not refuse to accept a third party casket more or less than a specified number of days in advance of its use
If a person makes prearrangements, but wants to purchase the casket from a "casket store", must the funeral home store the casket until the time of need.
cause the part of the body to be removed unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons under obligation to dispose of the body
If an anatomical gift is part of the body, the donee upon the death of the donor and prior to embalming may ____________________ ?
the district in which the disposition is originally intended
If an out-of-state burial permit lists the incorrect place of disposition, which district will issue the correct permit?
a good faith estimate
If cash advance charges are not known or ascertainable, the funeral director must list them as ________________
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
Report
In some cases for a fetal death, a _______________ of Fetal Death must also be filed with the local registrar in the district where the fetal death occured
for REVOCABLE accounts, they must pay and deliver to the state controller the assets of the accounts which was deemed to have been abandoned as of the end of the calendar year for IRREVOCABLE accounts, transfer the assets of the account to the indigent care burial fund for the county in which the person resided at the date of his or her death
If the funeral director has NOT been paid in full for the funeral services, the administrator must.......?
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?
be consecutively numbered and maintained in the numerical order at the funeral establishment
In terms of the order and numbering of the itemization the statement, in accordance to this section, the itemization statement must ____________________?
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 ___________.
coroner or medical examiner
In any case regarding an unattended death, the investigation and filing of the death certificate must be filed by the districts _______________________?
the purchaser of the agreement or estate of the deceased
In case of a REVOCABLE agreement, surplus funds must be refunded to?
the county in which the decedent resided at the time of their death
In case of an IRREVOCABLE agreement, surplus funds must
-the transfer of remains -services of funeral director and staff -necessary authorizations -transportation of remains by livery to the crematorium -return of cremains to the funeral firm
In the alternative services section of the GPL, each package must include what 5 things?
Obtain a permit for demonstration that will take place within 1000 ft from the funeral event, and during within an hour before or after the event
In order for an organization to legally perform a demonstration during a funeral service they must..........?
cremation authorization form
In order for the cremation process to occur, a __________________________________ must be filled out by the next of kin prior to transportation to the crematory
18 years old
In order to donate all or any part of their body as an anatomical gift to authorized institutions, the individual must be of individual of sound mind and at least....................?
county treasurer
In regards to disposition of money or property found on the deceased that are required for the purposes of the investigation, must be delivered to the ___________?
be in accordance with the rules of the government or agency having jurisdiction.
In regards to social services/governmental case, itemizations statements must _________________
Coroner or medical examiner
In the case of a death with no medical attendance, the funeral director must notify the ___________________ in the county where the death occured
30 days
In the event a funeral home is CLOSED, and pre-need accounts are not transferred to another funeral home, the funeral home owner must provide written notification of the closing of the funeral home within how many days?
No, the only way to answer for soaring gas prices is to simply increase the pricing on your GPL for motor services
In this time of soaring gas prices, may a funeral home add fuel surcharges on the GPL?
the final disposition law (PHL 4201), now disqualifies any person, whether next of kin or agent from having control of the decedents remains if... 1. that person is subject of an order of protection issued by a court that had been put in place to protect the decedent 2. that person has been charged with causing the death of the deceased person
In which situations would the "next of kin" or "agent" not be allowed to control the disposition of the decedent?
-signatures of both the fuenral director who delivered the body, and the person receiving the body on behalf of the place of diposition -the date the body was delivered -name and registration number (from pocket card) of the funeral director delivering the body -name of the funeral director making the delivery -name of person receiving the body -the name/location of the place of final disposition
Information required on the "Body Delivery Receipt"
- No, except in cases when the package involves a governmental agency or a not-for-profit coporation
Is "package pricing allowed" ?
yes
Is a funeral home allowed to disclose price list information over the telephone?
Yes, as long as it clearly states who is a licensed funeral director director and who is not
Is it ok to list the funeral home receptionist on a funeral homes website?
Yes. In fact, these items are routinely included in preneed agreements.
Is it possible to prepay third-party costs, such as cemetery, crematory, clergy and death certificate fees?
No, but they should be IMMEDIATLEY following the individuals death.
Is it required that identification is performed before being transported for cremation
No
Is there any regulation or restrictions on sending GPL information via mail?
Is food served in a funeral home subject to sales tax?
No
the law requires the place of final disposition to "provide" a receipt but if they don't, the funeral directors are still required by law to complete and sign the receipts. It is recommended that funeral firms complete their own, if not provided by the place of final disposition
Isn't the cemetery/crematory supposed to provide the receipt form?
the actual charge and shall not be an estimate even when the item is purchased from a third party
Items listed under the heading "additional services and merchandise selected" must be listed as ____________________
Which of the following is a date on which FD's biennium reg. would end?
June 30, 2020
GPL Part 10
Limited Services
GPL Part 7
Livery
-an organizer to apply for a permit to hold the demonstration -impose additional requirements in the application process -upon approval of a permit, issue a permit that specifies in express detail the time, place and manner of the demonstration for which the permit is issued
Local laws regulating demonstrations may require what three things?
No. New York State's General Business Law §453 is quite clear when it states that funeral homes may not receive any compensation for making funeral prearrangements
May a funeral home charge a fee for making prearrangements, whether prefunded or not?
GPL Part 8
Merchandise
Yes, every registered funeral firm shall display a sign indicating the true funeral firm name as registered with the NYS Department of Health. It must be conspicuously located at or near the entrance of the funeral hoe with a minimum height of 1.5 inches.
Must a funeral firm display a sign outside of the building identifying it as a funeral home?
Yes. Only true funeral firm names and addresses, as registered with the DOH shall appear in telephone listings or other publications and in all advertising of funeral firms
Must a funeral firm use the funeral firm name and address in advertising, publications and phone listings?
No, it can also be signed by a physician acting on behalf of the attending physician, a nurse practitioner or physicians assistant
Must the attending physician sign a death certificate?
No, it can be signed by a physician acting on behalf of the attending physician, as well as a nurse practitioner or physicians assistant
Must the attending physician sign the death certificate?
Are price match guarantees allowed in NYS?
No
-within 48 hours hours after death it is desired for interment or other lawful disposition by relatives -if prior to his or death, the person shall have expressed a desire that his or her body be interred or otherwise lawfully disposed of -if the deceased person is known to have a relative whose place of residence is known or can be ascertained after reasonable and diligent inquiry
No body of a deceased person shall be delivered or released to or received by any university, college, or school if ______________________
cremation permit
No crematory shall cremate the remains of a deceased person without receiving the accompanying
Must you hand out your GPL once someone walks into your business?
No. Unless inquiring about pricing, services, or the type of disposition.
All funeral establishment registrations renew every two years. Odd or even?
Odd
for REVOCABLE accounts, they must pay and deliver to the state controller the assets of the accounts which was deemed to have been abandoned as of the end of the calendar year for IRREVOCABLE accounts, transfer the assets of the account to the indigent care burial fund for the county in which the person resided at the date of his or her death
Once an account has been deemed dormant, the administrator must.....?
A funeral firm is a registered business entity that conducts operations out of __________ or more approved funeral establishments.
One
If a FD is given the original military discharge papers by the family to use in scheduling a funeral at a national cemetery, the docs must be returned to the family within:
One week after the funeral
funeral firm name registered with the department
Only the ____________________________, may appear in telephone listings or other publications, or advertising of any media.
A funeral firm can guarantee...
Only the funeral home charges, the cash advance charges, or if they like, both.
a written statement showing thereon an itemized list of the services and merchandise to be furnished for such price and a statement of the cash advances and expenditures to be advanced
PBH 3440- A Every person licensed pursuant to this article, including funeral directors and funeral firms, shall furnish at the time funeral arrangements are made for the care and disposition of the body of a deceased person..........
US flag
PBH 3441: Funeral arrangements, use of the flag Upon request of the person responsible for the payment for funeral arrangements made for the care of the body of a deceased veteran, they eligible for the use of a ____________________ for burial purposes
- any medical college, school or institute - any university within the state authorized by law to confer degrees of doctor of medicine or dental surgery -any other college or school incorporated under the laws of the state of New York -any mortuary school or institution maintaining a mortuary science program
PBH 4211: Cadavers, unclaimed; delivery to schools for study Except as hereinafter provided, and subject to the conditions specified in this article, the director of any hospital, institution, morgue or other place for bodies of deceased persons not interred or otherwise finally disposed of, may make a lawful disposition to _________________________
- any individual of sound mind and eighteen years of age - any of the following persons in order of priority 1. person designated as the decedent's health care agent 2. person designated as the decedent's agent in a written instrument 3. the spouse (if not legally separated) or the domestic partner 4. son or daughter (18 yrs or older) 5. either parent 6. a brother or sister (18 yrs or older) 7. a guardian of the decedent at time of death 8. any person
PBH 4301: Persons who may execute an anatomical gif
the death of the testator without waiting for the probate.
PBH 4303 (Mannerisms of executing anatomical gifts) a gift of all or part of the body under this article may be made by a will. The anatomical gift becomes effective upon ___________________?
immediately after death delivery is not necessary to validity of gift
PBH 4304 (Delivery of document of gift) If the gift is made by the donor to a specified donee, the will, card or other document or an executed copy thereof, may be delivered to him __________________ ?
a. the execution and delivery to the donee of a signed statement b. an oral statement of revocation made in the presence of two persons, communicated to the donee c. a statement during a terminal illness or injury addressed to an attending physician and communicated to the donee d. a signed card or document, found on his person or in his effects
PBH 4305 (Revocation of the gift) If the will, card, or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by:
Authorize embalming and use the body in funeral services
PBH 4306 (Rights and Duties at Death) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift ______________________ ?
Class E Felony
PBH 4307 Prohibitions of sales and purchases of human organs Any person to knowingly acquire, receive, or otherwise transfer for valuable consideration any human organ for use in human transplantation, selling, or harvesting human organs is guilty of a _________________________ ?
Local registrar of the district in which death occurred or where the body was found
Registration of a death certificate takes place by filing it in the ________________________
Certificate
Registration of fetal death certificate takes place by filing a __________________ of Fetal Death directly with the state health commissioner
What identification must a registered resident carry with them while being engaged in activities relative to their residency?
Pocket card
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?
GPL Part 3
Preparation of Remains
-executing an organ donor card -executing an authorization using their drivers license -registering the New York State organ and tissue donor registry -give written authorization for organ or tissue donation
Prior to the individuals death, the donor themselves may authorize an anatomical gift prior to their death by...............
a. the date the funeral was performed b. a refund was made to purchaser c. following the sale, closing, or transfer of a funeral home
Records pertaining to pre-need accounts must be kept by for a funeral home for four years following........?
Funeral firms are only
Registered
-reporting requirements are not met -the department determines the copurse content or provider is inadequate
Registered providers may have their status of a CE provider revoked by the Department of Health if ________________?
Flat fee or price/hour or price/mile or other units
Retail prices on the GPL can only be expressed as a.....
relatives
SOS 141: Indigents Burials: expense and reimbursement rates If a recipient of public assistance or care or other dies leaving no funds or insurance sufficient to pay the expense of their burial, the ________________ who survive are responsible for such expense to the extent that they are able to pay
- Customers MUST be presented with a GPL as soon as price is mentioned. In addition, to insure that they receive a copy that they can walk away with, you can include on with their packet information
Should I supply consumers with their own copy of my GPL to take with them after making arrangements?
GPL Part 5
Supervision
False
T or F: there are conditions in which embalming is required by law
The embalming disclosure must appear directly next to the price for embalming. You should not put the disclosure on a separate page or anywhere else on the GPL apart from the embalming price.
The FTC disclosure must be in immediate conjunction with the price for embalming, meaning................?
in writing to the person making the arrangements before the final bill is paid
The actual charges for any estimated cash advance charges shall be provided _______________________
Non-declinable charge
The arrangements fee is the only fee that cannot be denied by a customer, as known as a............?
non-declinable charge
The basic arrangements fee on the GPL is the only ____________________
burial-transit permit
The body of a person whose death occurs in this state may not be interred, deposited in a vault or tomb, cremated, removed from the state, or temporarily held unless a _____________________ is properly issued by the registrar of the registration district where the death occurred or the body was found
-confirm the identity of the deceased -assure no material is inclosed that may cause injury to crematory employees or property -transfer of remains to a cremation container -comply with the demand of a public officer in the discharge of the officers statutory duty -comply with any reasonable demand of an immediate family member
The casket, alternative container, or external wrappings must not be opened unless there is a good cause to........
-services of funeral directors and staff -other staff -use of equipment and facilities -arrangement conference -securing necessary authorizations
The charge for basic arrangements must include.............?
Cosmetology Dressing/Casketing Restoration
The charge for embalming shall include all items of service incidental to disinfection and preservation including _____________
Embalming
The charge for embalming will include all items of preparation, but must exclude what charge?
not to be embalmed
The charge for topical disinfection may only be listed when the remains are ________________
Unnatural deaths in their counties, and all deaths, whether natural or unnatural of any inmate of a correctional facility, whether or not the death occurred inside such facility
The coroner, coroner's physician and medical examiners must inquire into what kind of deaths...........?
Body receipt
The crematory must issue a _________________ to a funeral director or resident when human remains are delivered to and accepted by a crematory
Class D Felony
The crime of body stealing is guilty of a...........?
class d felony
The crime of opening a grave without any consent of the next of kin or the authority of the law is guilty of a...........?
The mandatory disclosure that must be in the item description for Direct Cremation on a GPL must read as follows:
The direct cremation charges do not include he crematory charge
the mother, lawful representative, and authorized personnel of the state health department
The disclosure of information used to complete the certificate of fetal death is limited to _____________________
- the donee has actual notice of contrary indication by decedent - the donor has not properly executed an organ donor card, drivers license authorization to make an anatomical gift - the donee has reason to believe that an anatomical gift is contrary to the decedent's or religious or moral beliefs
The donee shall not accept the gift under the following circumstances
person in charge
The funeral director must deliver the burial transit permit to ________________________of any place of burial or other disposition before interring or otherwise disposing of the body
The state fee for issuing a burial/transit permit is $20. Who pays this fee?
The funeral firm, with no charge back to the family allowed
Privacy
The law requires that the cremation process be conducted in __________________. Meaning "only authorized persons" are admitted into the retort area of a crematory.
Place of death
The local registration district in which a body is removed from a common carrier must be listed as the ____________ for the purposes of completing and filing the death certificate
USPS Priority Mail Express
The only method of shipping cremated remains is via..........?
-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?
The written instrument used to appoint an agent to control the disposition of remains requires which of the following?
The person making the appt. must sign the instrument before 2 witnesses
Cremation
The technical process, using direct flame and heat, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation includes to processing and usually includes the pulverization of the bone fragments.
In a LLC - Limited Liability Company, who must be a licensed FD?
The registered manager
In a corporation, who must be a licensed FD?
The registered manager
$75
The renewal fee for CE provider is ______________?
Cremation Permit
The required burial-transit permit issued by a local registrar for the disposition of human remains where the disposition has been annotated (marked) for cremation.
the person with the priority right to control disposition
The responsibility for the final disposition of cremains rests with............?
last distribution date of the GPL
The retention period for a GPL begins from the
A legally adopted child has the same rights as a biological child when it comes to the priority to control a final disposition.
True
cemeteries may not..... a. sell, or have, enter into or perform a lease of any of its property to a funeral entity b. commingle funds with a funeral entity c. direct or carry on its business or affairs with a funeral entity d. authorize control of its business or affairs with a funeral entity e. engage in the sale or cross-marketing of goods or services with a funeral entity f. have or enter into or perform a management or service contract for cemetery operations with a funeral entity g. have or enter into or perform a management contract with any entity other than a not-for-profit cemetery corporation
There are several types of cemeteries, however, all cemeteries have the same list of regulations, what are they? (there are 7)
It applies to all not-for-profit cemeteries regardless of size, budget or number of interments. Like the current regulation, it does not apply to relgious or municipal cemeteries. However, any cemetery having a burial sectio for persons of a particular religoius belief must remain available for interments and grave openings in keeping with the religious and/or ethnic traditions of the persons buried in that section
To which cemeteries does the "winter burial" law apply?
GPL Part 2
Transfer of Remains
A funeral director duly registered as inactive with the NYS Bureau of Funeral Directing is exempt from mandatory continuing education requirements as long as their status remains inactive.
True
A funeral director license has no expiration date, while a funeral director registration does. True or false?
True
A funeral establishment in NY is a single, physical location used to provide funeral relayed services, wile a funeral firm is a business entity that operates one or more funeral establishments.
True
A funeral firm may NOT engage in the sale or cross-marketing of goods or services w/ any cemetery corporation.
True
True
True of False: A funeral home can impose a collection fee to a customer to process and collect insurance or trust proceeds as log as the fee is OPTIONAL?
True
True of False: When transferring a body from the funeral home to the crematory, the body must not be removed from the alternative container, insert, or external wrappings unless explicit authorization is provided by the person making funeral arrangements
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.
False
True or False: A NYS funeral director can charge a commission or administrative fee for opening or managing a pre-need account?
True
True or False: A NYS funeral director cannot receive any direct or indirect inducement from a financial institution for placing pre-need funds in their institution
True
True or False: A coroner or medical examiner does not have jurisdiction or authority to investigate a death when an attending physician or other authorized official has agreed to be the certifier of death.
False
True or False: A funeral director can impose a surcharge on a customer who chooses to use a credit card, check, cash, or similar form of payment?
False
True or False: A funeral director may charge the family for the burial transit permit or any additional fees related to the payment for the burial transit permit
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
True
True or False: All tangible property sold by a funeral director funeral director is exempt from retail sales tax
False
True or False: All tangible property sold to a funeral director is exempt from retail sales tax
1. itemize the merchandise or personal services 2. state the cost of the merchandise or personal services 3. describe the disposition of all of the funds in the account
Upon the death of the beneficiary for whom the preneed was arranged, the funeral firm must provide a statement that includes: (3 things)
GPL Part 6
Use of The Facilities
-video services -overweight fees -special purposes and times (holidays, Sundays, additional equipment, etc) -cremation related charges (scattering of cremains, filling jewelry or keepsakes with cremains)
What are some examples of other fees that funeral directors are permitted to add to the GPL?
-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?
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?
$900, which is reimbursable to the social services district, or city/town making the expenditure to pay for the burial
What amount does New York State reimburse localities for burial of the indigent?
-cemetery and crematory charges -clergy honoraria -escorts -religious services (Chevra Kadisha)
What are certain items listed as cash advance items on a GPL?
-cemetery and crematory charges -clergy honoraria -certified copies of the death certificate or transcripts -escorts -chevra kadisha -public transportation -gratuities -bridge and road tolls -telephone and telegraph charges
What are some MANDATORY cash advance items that must be listed under "Cash Advances"
-licensed and registered funeral directors, registered residents, and enrolled mortuary science students -officers and trustees of the cemetery corporation operating the crematory -authorized employees or their authorized agents of the cemetery corporation operating the crematory -public officers acting in the discharge of their duties -authorized instructors of funeral directing schools -licensed physicians or nurses -members of the immediate family of the deceased and their authorized agents and designated representatives
What are some examples of authorized individuals who a admitted into the retort area of a crematory?
-licensed and registered funeral directors, registered residents, and enrolled mortuary science students - officers and trustees of the crematory - authorized employees or their authorized agents of the cemetery corporation - authorized instructors of funeral directing schools - licensed physicians or nurses - members of the immediate family of the deceased
What are some examples of authorized persons who may be admitted to the retort area of the crematory facility?
-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?
-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?
-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?
- a crematory facility shall be maintained in a clean and sanitary manner, with adequate ventilation, and shall have a temporary storage area available to store the remains of the deceased human beings pending disposition by cremation. The interior of which shall not be accessible to the public - entrances and windows of the crematory facility shall be maintained at all times to secure privacy including 1. doors shall be tightly closed 2. windows shall be covered 3. entrances shall be locked and secured when not actively being attended by authorized crematory personnel
What are the duties and obligations of a crematory in NYS regarding maintenance and privacy?
- obtain personal and statistical information required by the death certificate from a competent individual. -present said facts to the duly appointed physician, who will fill out all the medical information required. - record the personal information required by the death certificate in terms of manner of disposition and date of said disposition. - file the death certificate with the local registrar of the district in which the death occurred.
What are the duties of a funeral director in regards to filling out a death certificate?
- It shall be the duty of every person taking charge of the preparation for burial of the body of any person to ascertain whether such person died of a communicable disease, and if such person died of plague, it shall be his duty to cause it promptly to be placed in a coffin or casket, which shall then be immediately and permanently closed. - After handling, embalming, or preparing for burial the body of a person dead of a communicable disease, such parts of the person's garments, and utensils or other articles of the undertaker or his assistants, as may have been liable to contamination with infective material, shall be immediately cleansed or disinfected or sterilized.
What are the duties of an undertaker while handling cases with communicable diseases?
Their are no regulations or laws regarding the use of rental caskets, however, the rental casket MUST appear on your GPL, with terminology that is adequately descriptive
What are the laws and regulations in New York State regarding rental caskets?
According to Section 79.1 of the DOH regulations. "A funeral firm shall inform persons who call the firm's place of businesss and inquire about the terms, conditions or prices at which funeral goods and services are offered." That information, is available over the telelphone
What are the obligations of a funeral firm when receiving a price information inquiry by telephone?
-issue subpoenas, compel the attendance of witnesses and compel them to testify in any matter or proceeding before them, and may also require a witness to attend and give testimony in a county where he presides or has a place of business without the payment of any fees -annul or modify an order, regulation, by-law or ordinance of a local board of health concerning a matter which in his judgment affects the public health beyond the territory over which such local board of health has jurisdiction - assess any penalty prescribed for a violation of or a failure to comply with any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto, not exceeding two thousand dollars for every such violation or failure, which penalty may be assessed after a hearing or an opportunity to be heard;
What are the powers of the commissioner of health?
funeral directors in NYC are required to file a written report with the public administrator of the county which the funeral home is located within 12 hours after the director receives the burial order from the public administrator
What are the regulations regarding reports of deaths and burials in NYC?
- Adequate cleansing, renovation or disinfection of rooms, furniture, clothing and belongings when deemed necessary by the health officer or required by the Public Health Law or by this Chapter shall immediately follow release, death or removal of a person affected with a communicable disease. - Such cleansing, renovation or disinfection shall be done under the direction of the health officer. Furniture, bedding, clothing, carpets, rugs or other articles which may have been contaminated with infective material and which are of such nature or in such condition that they cannot, in the opinion of the health officer, be properly cleansed or disinfected, shall upon his order be destroyed in the manner designated by him.
What are the regulations regarding the cleaning and disinfection of a funeral establishment when required?
- may be cancelled at any time prior to death - is completely refundable upon request - allow revisions to certain selections or services/merchandise to be provided prior to time of need. - are portable
What are the requirements for a REVOCABLE pre-need account?
- must be conspicuously located at or near the entrance and shall be visible from the exterior of the building -the lettering must be legible and display the funeral firm name with a minimum text height of 1.5 inches -the name of the funeral firm sign must be used as indication of the location of the funeral firm and only the funeral firm name registered with the department shall be used -any change in a funeral firms registered name shall be indicated on any and all signs, and must conform with all the local laws, ordinances and regulations
What are the requirements for the display of a funeral firm sign?
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?
-a formal partnership recognized by a government or employer -person formally recognized as the beneficiary or person covered under employment benefits/health insurance -a person dependent or mutually-interdependent for support under the following circumstances 1. common ownership/leasing property 2. common house holding 3. shared income or expenses 4. children in common 5. signs of intent to marry/become a domestic partner 6. length of the personal relationship
What characteristics are evaluated when two people are considered "domestic partners"?
Cremation authorization form
What document issued by the "Division of Cemeteries, Authorization for Cremation and Disposition" must accompany the body while being transported to the crematory
- itemized statements -funeral bills rendered to customers -casket invoices and delivery copies -outer internment receptacle invoices or delivery copies - receipts or cancelled checks for cash advance items, and wholesale prices of funeral home merchandise - customer designation of intentions
What documents must be retained at the funeral home for a period of not less than four years following the funeral?
It requires cemteries to be available for interments throughout the year, including the winter months, at least six days per week excluding legal holidays. This ensures that families have the option of selecting a winter interment (rather than a spring burial) for their loved one, should they choose to do so.
What does the "winter burial" law do?
"The direct burial prices do not include cemetery charges"
What does the disclosure for direct burial state?
Contact the Division of Cemeteries
What if a cemetery refuses to open to perform an interment, even if the weather would permit it?
The law clearly states that cemeteries would not have to perform interments or provide grave openings in the event of "severe weather" or other similar conditions.
What if bad weather will not permit an interment?
a "check" must be placed on the line of the "receipt" that indicates that no one is in charge
What if no is in charge of the place of final disposition?
A "check-mark" line is on the receipt to indicate this fact
What if no one is in charge of the place of final disposition?
- Public Health Law allows funeral directors to carry out the directions of a person claiming to have control of the remains, so long as the funeral director request/receives a written statement (At-Need Written Statement of Agent Claiming Legal Control of Disposition) from that person that he/she has no knowledge that decedent designated a controlling agent through an agent form or will and that he/she is priority next-of-kin with control of the remains
What if their is no agent appointed prior to death?
- signatures of the funeral director and owner/manager of place of final disposition - date the body was delivered - the name and registration number of the funeral director - the name of the funeral firm represented by the funeral director making the delivery - the name of the deceased person - the name of the person receiving the body - the name/location of the place of final disposition
What information is required on the "Body Delivery Receipt"?
the funeral home provides the items and services selected at the rates being charged at the time of need. The principal and accrued interest in the account will be applied to the total charges
What is a "non-guaranteed" preneed agreement?
Radioactivity report
What is required on every body containing more than five mill curies of therapeutic radioactive material at the time of death?
A law established in 2003 that creates a paper trail for tracking bodies in NYS, this includes the creation of the "Body Delivery Receipt" which is now required by law to be issued by any owner, operator or manager of a cemetery or crematory to provide a "receipt" to a funeral director that they have received a "body" under their care.
What is the NYS Body Tracking Law?
the law requires the owner, operator, manager or person in charge of a place of final disposition of a body, to provide written confirmation to a funeral director at the time a body is delivered. Also, although not specifically required, the decedents family should be provided with a copy of the confirmation document called a "receipt"
What is the NYS Body Tracking Law?
-
What is the criteria for determining if a pre-need account is abandoned?
$20
What is the fee for a burial transit permit?
$125
What is the fee for failing to time file a biennium renewal form within 120 days from the start of the new biennium?
-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?
1. Spouse 2. Son or daughter 18 years of age or older 3. Either parent 4. Brother or sister 18 years of age or older 5. Guardian of the person of the decedent at the time of his death 6. Any other person authorized or under the obligation to dispose of the body
What is the hierarchy of people who may authorize a donor authorization to be rescinded?
the person in charge of the hospital or their designated representative, shall promptly present the death certifcate to the attending physician or person acting on their behalf, and provide the medical information required by the death certificate, sign it, and release it within 72 hours
What is the hospital administrator's responsibility regarding the death certificate?
General Price List (GPL)
What is the keystone of the funeral rule?
16%
What is the maximum interest rate that may be charged to a customer on unpaid balances for providing funeral services and merchanidise
cause of death
What is the most private and confidential piece of information on the death certificate?
-the law clearly states that the payment of "reasonable funeral expenses" is preferred to all other debts and claims on the estate, coming only behind the payment of legal fees for administering the estate
What is the obligation of a decedent's estate to pay funeral costs?
the out of state burial transit permit must be filed in the district where the orignal of place of disposition is located
What is the policy of funeral directors with out of state burials?
In most cases, a funeral director must be present when transporting a body. This differs however based on the mode of transportation used in transporting the body?
What is the role of a funeral director in body transport?
A licensed New York State Funeral Director may bring a body to another state, but they must have a copy of the death certificate with them. The same goes in reverse. A NYS funeral director cannot file a death certificate in another state, but they can pick up a body from another funeral home as long as they have a copy of the death certificate.
What is the role of a funeral director when transporting a body OUTSIDE NEW YORK STATE?
A funeral director or a registered resident of the same firm who is handling the call, may transport the body to a crematory
What is the role of a funeral director when transporting a body TO A CREMATORY?
For an internment, a licensed funeral director or a registered resident of the same firm must be present for the internment for the beginning to the end of the internment. However, anyone, including relatives, may transport a body within New York State, as long as it is going from licensed funeral director to licensed funeral director.
What is the role of a funeral director when transporting a body WITHIN NEW YORK STATE?
A licensed funeral director or registered resident of the same firm may be present when bringing to/receiving a body from an airport. Unless a certain airline requires a licensee to be present to supervise activity at the airport
What is the role of a funeral director when transporting a body via AIRPLANE?
-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?
-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?
Funeral directors in NYC are required to file a report to the public administrator of the county in which the funeral director resides "within 12 hours" after the public administrator orders a burial order from the funeral director.
What must a funeral director practicing in NYC do in regards to reporting deaths/burials?
-transfer of remains to the funeral establishment and/or place of local disposition -securing necessary authorizations -services of the funeral director and staff
What must be included under the package price for Receiving remains?
-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
What must be included under the package price for forwarding remains?
- the law mandates an immediate stop and the body must be removed at the first regular stop where an attendant is on duty and there are facilities for handling human remains
What must happen if an individual dies on a common carrier?
- Each party considered to be a domestic party shall be considered to be a domestic party of the other party. - domestic partners cannot be related by blood, be under the age of 18, or the adopted child of the other person who is related by blood that would bar marriage to the other person
What other characteristics govern the validity of a "domestic partnership"?
local law enforcement must be prominently posted in a public area of the office of the permitting authority, and on any website established or available for the use of the permitting authority.
What requirements for local law enforcement must be present for a demonstration during the funeral establishment.
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?
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
-If a funeral director is unable to bring the family members to an agreement, the law specifically states that the dispute must be solved in COURT. This can include a county or surrogaters court located in each county, or the state supreme court. - In cases where a dispute exists, a funeral director shoudl advise both (or all) parties that he/she cannot proceed until the dispute is settled by all parties (or their attorney's)
What should a funeral director do when family members diasgree over funeral arrangements?
Forwarding Remains and Receiving Remains
What two options are listed under "Limited Services" 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?
Direct Burial and Direct Cremation
What two packages must be listed on the alternative services section of the GPL?
- Supplemental Security Income (SSI) and benefits -Medicaid
What two types of preneed accounts are considered irrevocable?
The law now requires you cite the specific type of opioid on the death certificate if the cause of death was due to an opioid overdose.
What was the change made regarding opioids on a death certificate?
the law now requires to state, if known, the specific type of opioid involved for the person whose death was casued by an opioid overdose
What was the change made regarding opioids on death certificates?
Funeral homes must ensure that they provide a copy of the CPL to the consumer upon the beginning of the discussions for caskets, but in any event, before showing caskets to the customer One of the easiest ways to do this is combine the CPL/OBCPL withthe GPL. Funeral homes are required to list their prices for caskets/outer internment receptacles on the GPL
Whats the funeral rule pertaining to a Casket Price List?
Coroner AND the coroners physician
When a coroner is not a physician licensed to practice medicine in this state, the jurisdiction and authority specified above must be exercised JOINTLY by_________________?
-certify to the facts of the death -provide the medical information required by the certificate -sign the medical certificate of death -return the certificate within 72 hours
When a death occurs in a hospital, except in cases where certificates are issued by coroners or medical examiners, the person in charge of the hospital must promptly present the certificate to the appropriate medical certifier who must_______________________
Physician
When a donor is determined dead based on irreversible cessation of circulatory and respiratory functions, the time of death shall be certified by a ____________ ?
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_____________________
- 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
this is a broad definition, it includes the expense of the funeral, as well as expenses for church services, interment/other disposition of the body, the burial lot and monument, and perpetual care of the burial lot
When it comes to payment, what does the law mean by the term "funeral expenses" ?
Exact wording. Exactly.
When listing FTC and NYS disclosures on the GPL, what format must they be in?
6 months
When requesting additional copies of a death certificate, the longest amount of time you should wait to order extra copies is...........?
- the names and addresses of persons who established pre-need accounts at said funeral home - the total account balance on each account - where the money is deposited - the names and addresses of persons who have received refunds and the amount in each refund
When selling or transferring the ownership of another funeral home, in addition to making a notification to all preened trust owners, the SELLER must provide the new owner with a statement that includes......
Burial-Transit Permit (Disposition Permit)
When the death certificate is properly executed and complete, the registrar than issues a_______________
-complete/sign the endorsement section of the permit, including date and place of disposition -write across the face of the permit the words "No person in charge" -file the permit within three days with the registrar of the district in which disposition takes place
When there is no one in charge of the place of burial or disposition, the funeral director must________
Licensed funeral director or registered resident
When transferring remains to an alternative container, it must be done by a _______________________?
Disclose that embalming is not required by law (except in special circumstances)
When you request authorization to embalm, you must do what?
Right after the charge for embalming is listed
Where must the NYS disclosure for embalming be listed on the GPL?
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).
30 days
Within how many days of deposit must the purchaser be given written notification identifying the financial institution in which the funds were deposited?
10
Within how many days of receiving preneed funds, they must be deposited in an interest bearing account at a certified financial institution
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
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
In order of authority 1. Person designated in written instrument 2. spouse 3. domestic partner 4. any children (18+) 5. either parent 6. siblings (18+) 7. authorized guardian 8. any extended family members (order of authority varies on relationship to decedent) 9. close friend or relative who is reasonably familiar with the decedents wishes 10. public administrator
Who can be considered next-of-kin under NYS law?
-Family member -health facility staff -any individual present at the time of death who has personal knowledge of the deceased
Who is authorized to identify a deceased family member before cremation?
Everyone, no exceptions
Who is entitled to receive a GPL?
Any entity (called a "preneed administrator") that holds preneed funds, such as banks, credit unions and funeral trusts.
Who is subject to the annual audit requirements contained in the preneed law?
Who is at the top of the list when it comes to controlling final disposition?
Whoever is named in a written instrument
Deposit funds in an interest-bearing account
Within 10 business days
Request to change firm, services, etc.
Within 10 business days following the request
Notify purchaser if financial institution changes
Within 30 business days after the change
Notify purchaser of deposit institution name
Within 30 business days after the deposit
Request for an account statement
Within 30 days
Notify purchasers of transfer or sale
Within 30 days of such sale or transfer
Notify purchasers of business termination
Within 30 days of such termination
30 days
Within how many days must the purchaser of pre-need account be notified if the depository is changed to another financial institution?
Are guaranteed preened accounts allowed in NYS?
Yes
In NYS, if a funeral establishment regularly offers certain items for sale, must the be itemized on the GPL together with the price?
Yes
Is food and non-alcoholic beverages allowed to be served and consumed in a Funeral Home?
Yes
Must a crematory issue a body receipt to the funeral director or registered resident that delivers a body?
Yes
Sale
the sale of a memorial to a consumer for actual delivery prior to, or subsequent to, a death
Are commingling remains of more than one decedent in a cremator allowed?
Yes. But only with a signed authorization from the person with the right to control final disposition, in addition to written approval by the crematory.
-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?
- formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the US or any state -formally recognized as a beneficiary or covered person under the other persons employment benefits or health insurance - is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating but not limited to: - common ownership or joint leasing of real or personal property -shared householding, shared income, or share expenses -children in common -signs of intent to marry or become domestic partners under paragraph
a "domestic partner" means a person who, with respect to another
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
Ceremonial Casket (Rental Casket)
a casket used for visitations and funerals with a removable liner. Not intended to to be incinerated with human remains
Primary registration districts
a city, town, or incorporated village that serves as the primary registration districts for vital records
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
Human remains (remains)
a conceptus which has completed 24 weeks or more of gestation or all or any of the dead body of a human being but does not include human ashes recovered after cremation
-the name, address, and telephone number of the seller of the memorial -the name, address, and telephone number of the consumer -the full name of the individual to be memorialized, and if known, the date of the individuals death -a full description of the memorial (dimensions, layout, method of engraving, etc.) -approximate date when the memorial is expected to be completed -name of the cemetery in which the memorial is to be placed
a contract form, must at a minimum, include what?
Decedent
a deceased individual of any age and includes a stillborn infant or fetus
Direct Cremation
a disposition of human remains by cremation without formal viewing, visitation or ceremony with the body present.
Direct cremation
a disposition of human remains by cremation without formal viewing, visitation or ceremony with the body present.
Immediate cremation
a disposition of human remains which includes the reduction of the remains by a heating process and which does not involve formal viewing or a prior funeral ceremony with the body present
300 ft
a disturbance during a funeral service must be within________________ of the location to be considered an annoyance or recklessly creating a risk.
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
Crematory
a facility or portion of a building in which the remains of deceased human beings are being processed
Annual Statement
a funeral firm, or their representative must annually provide a ___________________ identifying the location of, and the annual interest earned on the account
any examination necessary to assure medical acceptability of gift for the purposes intended
a gift of all or part of a body authorizes __________________?
signed by the donor. The delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid
a gift of all or part of the body under this article may also be made by a document other than a will. The document which may be a card designed to be carried on the person must be _____________________ ?
Devise
a gift of real estate made by will
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
Hospital
a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government, a state, or a subdivision thereof, although not required to be licensed under state laws
bank or storage facility
a hospital, laboratory or other facility licensed or approved under the laws of any state for storage of human bodies or parts thereof, for use in medical education, research, therapy, or transplantation to individuals
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
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
-the price of the memorial -applicable sales tax -charge made by the cemetery for the foundation -charges for additional work -total price as contracted -schedule of payment
a memorial sale contract must also include a disclosure for what items on the contract?
a separate document and a foundation
a memorial sale contract must include.......?
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
When a person is appointed in a written instrument to control the disposition of human remains, they are called a(n) ________.
agent
Closing a funeral account
all funds paid together, with any interest, must be repaid on demand at any time prior to the delivery of the merchandise and/or the rendering of the personal services.
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.
Memorial Society
an unincorporated association or not-for-profit corporation which assists members in obtaining and making arrangements for funerals, cremations or other methods of disposition
Priority #3- decedents surviving domestic partner
an unmarried couple that only applies to this rule under certain requirements.
Unfinished wooden box
an unornamented casket made of wood which does not have a fixed interior lining
Unincorporated communities
any U.S census designated area, large neighborhoods, former villages, hamlet, or other geographical area with no official municipal borders
Offer for sale
any contact by a seller for the sale of a memorial whether in person, by telephone, mail, or other electronic means, and regardless of whether or not the consumer initiates the contact
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 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.
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
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
Outer internment receptacle
any container or enclosure which is placed in the grave around the casket to protect the casket or to prevent the collapse of the grave including, but not limited to, receptacles commonly known as burial vaults, graves boxes, or grave liners
Priority #5- either of decedent's surviving parents
any decedents parents that are still living all have equal standing, regardless of marital status
Defacement
any deliberate effort to make merchandise appear unattractive to customers
Civil Penalties
any person who intentionally organized and conducted a demonstration within 1000 feet of a funeral without a required permit may face __________________ by local laws that may include a maximum civil penalty for a second or subsequent violation
Friend (in regards to religious limitations to an autopsy)
any person who, prior to the decedent's death maintained such regular contact with the decedent as to be familiar with their activities, health and religious beliefs, and claim the religious beliefs of the decedent and therefore have religious objections to an autopsy, that they assume responsibility for the lawful disposition of the body of the deceased.
Customer
any person, association, or other entity who purchases or otherwise makes arrangements for the purchase of funeral services or merchandise, without intention of resale
Provider of funeral services
any person, partnership or corporation, or any employee or agent thereof, engaged in the business of selling or offering for sale, directly to the public funeral services or funeral merchandise; of preparing deceased human bodies for burial, cremation or other final disposition; or of conducting or arranging funerals.
Preneed Administrator
any person, partnership, firm, limited liability company or corporation, which is either domiciled in or doing business in the state of New York, and which has received money under or in connection with a preneed agreement.
irrevocable
any pre-need funeral account established by SSI/medicaid applicant or recipient for either themselves or a loved one must be ________________________
State
any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America
Cremains
ashes and other residue recovered after the completion of cremation, which may include residue of foreign matter that may have been cremated with human remains
The _________ is responsible for filing the certificate of fetal death and thereby registering a fetal death with the NYS Commissioner of Health?
attending physician
Correctional facility
county jail, county penitentiary, county lockup, city jail, police station jail, town or village jail, or lockup, etc that is operated by the state department of corrections and community supervision
Coroner
county official who exercises duties authorized in NYS County Law related to the investigation of certain death cases.
Electronic Death Registration System (EDRS)
deaths occurring within this state must be registered using the ____________________?
Direct burial
disposition of human remains by burial, without formal viewing, visitation or ceremony with the body present, except for a graveside service. Also known as "immediate burial"
Consolidated registration districts
districts that consolidates all the cities, towns and villages in the county
-has not been able to determine a correct address for a period of 15 consecutive years -based on the information contained in the written agreement, the preneed administrator can determine, the person, if then living, would have reached the age of 115 years
for DORMANT preneed accounts, a preneed account is considered dormant if the administrator......?
Any person (18 years or older) in descending order 1. person designated in a written instrument executed pursuant o the provisions of 4201 of the Public Health Law 2. decedent's surviving spouse (2a decedent's domestic partner) 3. decedent's surviving children 4. decedent's surviving parents 5. decedent's surviving siblings 6. an appointed guardian (in pursuant to article 17 or 17A of Surrogates Court Procedure Act) 7. any person who would be entitled to share in the state of the decedent, closest relationships to the decedent has highest priority 8. duly appointed fiduciary 9. close friend or relative who is reasonably familiar with the decedent's wishes 10. a chief fiscal officer of a county or a public administrator
in accordance with all of the provision of 4201 of the public health law, what is hierarchy of people who have control of disposition of human remains?
Receiving remains as a change are listed under _______ on an itemized statement?
limited services
Offered for sale
making available for purchase or suggesting availability of merchandise or services for purchase by use of any advertising or promotional materials
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
Compelling public necessity
means the autopsy is essential to the criminal investigation of a homicide, where the decedent is the victim; or the discovery of the cause of death is necessary to meet an immediate and substantial threat to the public health
Funeral service establishment
premises used for or held out as being used to care for and prepare for burial of the body of a deceased person or maintained as the office from which business is transacted by a funeral director or undertaker
A FD takes the "________ of Fetal Death" to a local registrar to obtain a burial/transit permit for the disposition of a fetus.
report
Dormant pre-need account
s an account for which the preneed administrator has been unable, after reasonable efforts, to determine a current and proper address for the beneficiary for a period of 15 consecutive years, and where the beneficiary would have reached the age of 115 years based upon information contained in the written preneed agreement is known as a........?
Funeral services
services performed incident to the care and preperation of deceased human bodies for burial, cremation or other final disposition
Priority #2- decedents surviving spouse
spouses exist in marriage, they do not exist in divorce. Same-sex married couples apply to this rule
-the purpose of ascertaining the cause of death -for any other purpose, by written instrument, which specifies the purpose and extent of the dissection
the spouse, next of kin, or other person with the right to control of final disposition may authorize an autopsy for_________________?
Embalming
this charge is listed for use of the preparation room
-three years after the date of death of the person for whose funeral or burial such assets were to be used -one year after the preneed administrator must make reasonable attempts to determine if the person for whom funeral or burial assets were to be used has died, if the death occurred less than two years prior to the determination
the assets of preneed funeral accounts are considered to be abandoned as of the later of.....?
Cremation
the burning of human remains in a crematory
Commissioner
the chief executive and administrative officer of the New York State Department of Health
Pre-need agreement
the contract between a funeral home and a purchaser that outlines the legal relationship between the two parties as it relates to pre-paid funeral funds.
Cremation authorization
the crematory form authorizing a cremation which is signed by the next of kin or authorizing agent. The document developed for this purpose by the Department of State, Division of Cemeteries is the Authorization for Cremation and Disposition Form
$20
the fee for a burial transit/disposition permit from the local registrar is........?
.0075%
the fees paid to the administrator of a pre-need trust fund must not exceed how much?
- the actual date of cremation -the date, location, and manner of disposition of cremains -the date signature and printed or typed name of the person making of the person making disposition of cremains
the funeral firms copy of the customers designation of intentions shall include the following
Permit authority
the government entity having primary jurisdiction for a particular location
Police power
the inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited.
Beneficiary
the named individual for whom a preneed trust agreement is purchased, this may also be the purchaser
Purchaser
the named individual paying for and purchasing a preneed trust account. The purchaser may also be the beneficiary
- the name and address of both the new and former owner - explain the purchasers options to move their preened account to another funeral home - be available for inspection upon written by the NYS Bureau of Funeral Directing
the notification for transferring the ownership of a funeral home to another person/corporation must include.....
Relative (in regards to religious limitations to an autopsy)
the person closely related to the decedent by consanguinity or affinity. In the event such a person is unavailable, the objection may be raised on their behalf by the next most closely related person. The official with the authority to order an autopsy may require this person to present an affidavit stating their relationship to the deceased and requiring that decedent had any religious obligations to an autopsy.
Organizer
the person or organization that plans or coordinates a demonstration a demonstration for which a permit may be required pursuant to this section
Actual retail price
the price for which a funeral director regularly sells an item of merchandise to customers
anatomical, medical, or surgical sciences, anatomical embalming, or research
the professors or teachers in every university/college/etc may receive the body of a deceased person for the purposes of _________________________
-a coroner who is a physician licensed to practice medicine in this state -a coroner's physician -a medical examiner of a county -performed at the direction JOINTLY of a coroner and coroner's physician
the right to an autopsy a body of a deceased person exists in some special statutes, and may be performed by or at the discretion of:
308
the rights of the donee created by the gift are paramount to the rights of others excepted as provided by section ________________?
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
Commingle
to mix or blend, in terms of this chapter, to mix or blend the cremated remains of one person with that of another person
Commingle
to mix or blend; used in this chapter to mix or blend funds or accounts of one with those of another
-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
mutual aid agreement
two or more countries may enter into a written _____________________ to provide services of the county coroner's office or the office of the medical examiner in those countries
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
Indivisible
unable to be divided or separated
Inalienable
unable to be taken away from or given away by the possessor
to the extent known or ascertainable at the time the itemization form is completed
under the heading "cash advances", the price for each cash advance item selected shall be listed _________________
Supervision
use of funeral director and support staff during visitations and funeral services
-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
-any person, deed or devise, may dedicate land to be used for the cemetery -land dedicated for burial may not exceed three acres and must not be located within 165 feet of a dwelling or house unless the land is being dedicated for cemetery purposes within the limits of the city -burial must be supervised by a funeral director
what are the regulations for FAMILY CEMETERIES?
-seven or more people may set aside enclosed real property of no more than three acres -the cemetery must not be located within 165 feet of any dwelling or house without written consent of the owner. -burial must be supervised by a funeral director
what are the regulations for PRIVATE CEMETERIES?
-burial lots are indivisible -upon the death of the owner, the title descends to heirs-in-law or devisees.
what are the regulations for a RELIGOUS CEMETERY
-every sale of a memorial must be evidenced by a date, written contract, signed by all parties -the contract may not be included on any other contract, including an itemization or statement of funeral services and merchandise selected, or any like documents reflecting the purchase by a consumer of any other items related to burial, cremation, or other disposition of remains.
what are the requirements for a contract for the sale of a monument or a memorial?
- may be transferred to a different funeral home at anytime - may NOT be refunded - allow revisions to certain selections or services/merchandise to be provided prior to time of need.
what are the requirements for an IRREVOCABLE pre-need account?
The funeral home may either list the price range of caskets and alternative containers they offer, or the funeral home may list casket and alternative container price lists directly on the GPL.
what are the two options for providing a list of caskets or alternative containers to a customer?
Burial-Transit Permit (Disposition Permit)
what document must accompany human remains while shipping via common carrier
"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 person in charge of said hospital or their designated representative must present the death certificate to the physician in attendance or the physician acting on their behalf who shall promptly certify the facts of death, provide medical information required by the certificate, sign the certificate and return it to said who said person who will certify and file the death certificate within the 72 hour time period required by law.
what is the hospital administrators responsibility regarding death certificates?
The United States Postal Service
what is the only legal method of shipping cremated remains domestically or internationally?
for an INTERNMENT, there must be a licensed funeral director or registered resident affilaited with the firm handling the call However, anybody, even a family member, may transport a body as long it goes from a licensed funeral director to a licensed funeral director.
what is the role of a funeral director in body transport WITHIN NEW YORK STATE?
a licensed funeral director or registered resident of the same firm must bring a body to the airport (unless an airline requires a licensed director). A licensee MUST be present to supervise activity at the airport.
what is the role of a funeral director in body transport by AIR SHIPMENT?
the law clearly states that a funeral director or registered resident of the firm in charge to accompany the body to the crematory
what is the role of a funeral director in body transport to the CREMATORY?
a licesned funeral director can bring a body to a state like New Jersey or Pennsylvania provided they possess a death certificate. However, a NYS licensed funeral director cannot legally file a death certificate in another state. A NYS director can also pick up a body in another state, but they will need the signed death certificate to accompany the body. Once it has come to the funeral home however, anyone can pick up the body and transport it to another place (excluding a cemetery)
what is the role of a funeral director in body transport while in INTERSTATE TRANPORT?
in most cases, a licensed funeral director must be present when transporting a body, for any form of transportation. This varies however, on the mode of transportation that is selected.
what is the role of a funeral director in body transport?
Complying with the Funeral Rule
what periodical is issued by the FTC specifically written for funeral directors to comply with FTC regulations?
establish the name and address of the funeral director who performed the funeral services
when an administrator determines that a death has occurred, they must do what?
Priority Mail Express
when shipping cremated remains via the USPS, they must be shipped via...............
for REVOCABLE accounts, they must pay and deliver to the state controller the assets of the accounts which was deemed to have been abandoned as of the end of the calendar year for IRREVOCABLE accounts, transfer the assets of the account to the indigent care burial fund for the county in which the person resided at the date of his or her death
when the administrator is NOT able to identify the name and address of the funeral director, and the funeral director has been paid in full for funeral services, the administrator must......?
for REVOCABLE accounts, they must pay and deliver to the state controller the assets of the accounts which was deemed to have been abandoned as of the end of the calendar year for IRREVOCABLE accounts, transfer the assets of the account to the indigent care burial fund for the county in which the person resided at the date of his or her death
when the administrator is able to identify the name and address of the funeral director, and the funeral director has been paid in full for funeral services, the administrator must......?
the purchaser of the pre-need account
who maintains control of a preened account at all times, and must account funds and accumulated interest remain as their property?
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"?
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?
