V. CEMETERIES, NYS LAW EXAM REVIEW #2, VI: COMMISIONER OF HEALTH (NYS DOH), VII: COMMUNICABLE DISEASES, VIII: CREMATORY OPERATIONS, IX: DEATH CERTIFICATES AND BURIAL PERMITS, PRE-NEED COMPLIANCE 2020, NYS Funeral Law, NYS Funeral Pre-Plan

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?

72 hours

A death certificate must be signed in NYS no later than _______________ after the death of a person?

2 CE hours

A licensed funeral director can earn how many CE hours for preparing ONE HOUR of CE that they teach.

$150

All CE providers must first register with the Department of Health and pay a registration fee of _____________ for the first biennium?

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?

- 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"?

- 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.

- 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?

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?

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. 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?

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?

$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?

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?

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 ____________________?

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?

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?

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.

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?

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 _______________________?

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

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" ?

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?

- 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?

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?

cremation permit

No crematory shall cremate the remains of a deceased person without receiving the accompanying

-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 ________________?

- 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?

$75

The renewal fee for CE provider is ______________?

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?

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: 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: 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: 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.

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?

-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?

- 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?

-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"?

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?

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"?

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?

$125

What is the fee for failing to time file a biennium renewal form within 120 days from the start of the new biennium?

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?

-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?

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?

- 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"?

-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?

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?

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" ?

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?

30 days

Within how many days must the purchaser of pre-need account be notified if the depository is changed to another financial institution?

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?

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

certificate attesting that they have completed CE requirements

along with the biennial application for registration renewal, each funeral director must file a _____________?

irrevocable

any pre-need funeral account established by SSI/medicaid applicant or recipient for either themselves or a loved one must be ________________________

no

are death certificates taxable?

$20

the fee for a burial transit/disposition permit from the local registrar is........?

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?

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?

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?