FSE 225 management chapter 24 & 25 notes

If a veteran's body is not recovered, buried at sea, or donated to science and a marker for the veteran is issues, what will be on the marker?

"in memory of"

social security

- Death benefit of $255 paid directly to a spouse or dependent child only. - No death benefit for anyone else - Not assignable to the funeral home - Funeral director must complete the SSA-721 Statement of Death and send into Social Security

GPL distribution rules

- Face-to-face transaction. You are not required by FTC to fax, e- mail, or mail your General Price List (you can if you want); however, if requested in person, whether at the funeral home or the ballpark (if talking about funeral prices or services), you must give a copy to them for retention. Requesting permission for embalming DOES NOT trigger the Funeral Rule UNLESS the person asks specifically how much it costs The GPL must be given for the consumer's retention

intact remains (casketed) for burial at sea

- Request form - PADD must pay all expenses to get the casketed remains and proper paperwork to the local receiving funeral home selected by the military near the point of departure. - Burial flag - Casket that has met requirements - 150-pound weight must be added and secured to the foot end within the inside of the casket (sandbags, etc.) - Casket must be banded with a minimum of 6 nylon or metal bands, at least 3⁄4 of an inch wide. - 2 around head panel, 2 around foot panel, 1 lengthwise, and 1 horizontally around the casket - Holes must be drilled into the casket Total of 20, 2" diameter holes. - 4 in top head panel, 4 in top foot panel, 2 on each of the ends, and 8 on the bottom.

key elects of a blood borne pathogen program include

- exposure determination - engineering and work practice controls - written exposure control plan - labels and signs - personal protective equipment - employee information and training - vaccinations - post-exposure evaluation and follow up - record keeping

how much does the VA pay? (for a non-service-connected death)

- if the veteran died on or after October 1, 2017: $300 burial allowance and $762 for a plot - if the veteran died on or after October 1, 2016 but before October 1, 2017: $300 burial allowance and $749 for a plot - if the veteran died on or after October 1, 2015 but before October 1, 2016: $300 burial allowance and $747 for a plot

how much does VA pay? (for service connected deaths)

- if the veteran died on or after September 11, 2001: the maximum is $2,000 - if the veteran died before september 11, 2001: a maximum of $1,500 - if the veteran is buried in a VA national cemetery: some or all of the costs of transportation remains

cremated remains (cremains) for burial at sea

- must be in an urn or temporary container (preferably bio-degradable) - no plastic - the cremains, along with the completed burial at sea request package, should be forwarded to the burial at sea coordinator at the desired port of embarking. - prior to shipment, it is recommended that a phone call be made informing the coordinator of the pending request. - ONLY priority mail express service is authorized when shipping cremains and it is recommended that tracking and signature on delivery is used to ensure the package is delivered to the correct individual in a timely manner

who is eligible

- the veterans spouse - the veterans children, regardless of age - the veterans parents - the executor or administer of the estate - the survivor of a legal union with the vetern.

eligibility for burial at sea

1. Active duty 2. Retirees and honorably discharged veterans 3. U.S. civilian marine personnel of the Military Sealift Command 4. and dependent family members of eligible veterans.

16 mandatory GPL items

1. Basic Services of Funeral Director and Staff 2. Embalming 3. Other preparation of the body 4. Use of facilities and staff for viewing 5. Use of facilities and staff for funeral ceremony 6. Use of facilities and staff for memorial service 7. Use of facilities and staff for graveside service 8. Transfer of remains to funeral home 9. Hearse 10. Limousine 11. Casket prices 12. Outer Burial Container prices 13. Forwarding of remains 14. Receiving of remains 15. Direct cremation prices 16. immediate burial

Enforcement

1. Consumer education 2. FTC response to consumer complaints 3. "Sweeps" by FTC 4. Funeral Rule Offenders Program (FROP)

6 REQUIRED GPL MANDATORY DISCLOSURES

1. Consumers have the right to select only the goods and services they desire 2. Embalming not required by state law (unless it is) but may be required in certain circumstances (if so, fh must tell them why) 3. Alternative containers can be used for direct cremation 4. Basic service fee is non-declinable 5. Casket price list available 6. Outer Burial Container price list available

Misrepresentations

1. Embalming required by law (if not) 2. Casket required for cremation 3. OBC required 4. Legal/cemetery requirements for purchase when not true 5. Preservative and/or protective claims ("sealer" caskets) 6. Hidden markups on cash advance items

Price Disclosures

1. GPL 2. CPL 3. OBC 4. Statement of Funeral Goods and Services 5. Package pricing 6. Telephone pricing

Mandatory Disclosures

1. Reason for embalming 2. Reason for outer burial container 3. Reason for any other mandatory charges

funeral provider responsibilities

1. To ask the family for a copy of the DD-214 2. Speak with the family about veteran's benefits and if that is something that the family would like. If so... 3. Complete the Form 27-2008, Application for United States Flag for Burial Purposes. Must be signed by the authorizing agent/next of kin. Take this signed and completed form to a local VA office or post office to secure a flag. 4. Have the U.S. Flag pressed if it is to be draped on the casket. 5. If the family wants the veteran buried (or urn placed) in a veteran's cemetery, the funeral director must call the National Cemetery Scheduling Office to make those arrangements. 6. Contact the branch of service for which the veteran was a member to arrange for funeral honors. This is especially true if the veteran will be buried in a non-veteran's cemetery. 7. Complete the VA Form 40-0247 Presidential Memorial Certificate Request Form for each family member who would like a free certificate and send it in. 8. Assist the family with the VA Form 40-1330 Claim for Standard Government Headstone or Marker if the family buries the veteran in a non-veteran's cemetery (VA cemeteries handle this themselves). 9. It is very important to explain the VA marker order time, place of delivery, installation responsibilities, any extra requirements like a base for a bronze marker and installation charges that a cemetery may charge 10. Communicate all of these benefits and specifics with the family

supporting documents which must accompany the burial at sea request

1. a photocopy of the death certificate 2.the burial transit permit or the cremation certificate 3. a copy of the DD 214 form, discharge certificate or retirement order

the veteran must have a discharge other than dishonorable. the veteran must also have met one of the following conditions

1. death as a result of. service-connected disability 2. receiving VA pension or compensation at the time of death 3. entitled to receive VA pension or compensation at the time of death, but instead received full military retirement or disability pay 4. died while hospitalized by VA or while receiving care under VA contract 5. died while traveling under the following circumstances: - under proper authorization and at VA expense - to or from a place for the purpose of examination, treatment or care 6. had an original or reopened claim for VA compensation or pension pending at the time of death 7. died on or after October 9, 1996, while a patient at a VA-approved state nursing home

the funeral rule prohibits providers from making misrepresentation about the legal/local cemetery requirements for

1. embalming 2. caskets in direct cremations 3. outer burial containers 4. purchase of any other funeral goods or services, that cash advance items are provided to the consumer at the same price as that paid by the funeral provider when that is not the case.

the funeral rule was designed to

1. ensure that consumers receive the information necessary to make informed decisions and 2. lower existing barriers to price competition in the market for funeral goods and services.

four rules of OSHA

1. general duty clause 2. formaldehyde standard 3. blood borne pathogen standard 4. hazard communication

Ziegler case

A gasket-sealed container which can be used as an insert into a casket or a separate shipping container.

top seal

A method of closure that utilizes an epoxy compound in conjunction with tongue-in-groove construction at the top edge and the lid of the vault.

Veteran

Anyone who has served in the U.S Army, Navy, Air Force, Marines, or Coast Guard.

Arlington cemetery

Be very careful if a veteran wants to be buried in Arlington National Cemetery near Washington, D.C. Due to limited burial space, there are requirements that must be met to be eligible to be buried at Arlington. Check with the administration at Arlington BEFORE scheduling a burial there. Due to demand, even if the veteran is eligible, the delay for burial may be up to two months.`

veterans benefits (honorably discharged) ALL FREE

Burial flag Government headstone or marker (granite or bronze) Burial in a federal or state veteran's cemetery - this includes all cemetery services, including: 1. Grave space for veteran and a dependent 2. Grave liner or lawn crypt Opening/Closing of the grave 3. Perpetual care and cemetery services 4. If cremation, the niche and all other services Presidential Memorial Certificate Some veterans may qualify for cash burial allowances paid directly to the next of kin: Burial allowance Plot allowance (if buried in a private non-veteran's cemetery)

dd214

Certificate of Release or Discharge from Active Duty Issued to the veteran at discharge from service. Required for most all VA paperwork

general safety plan

Covers a safe place to work Electrical outlets, lighting, etc. Trip hazards and fall hazards Securing ladders and shelving that could fall and injure an employee Doors and fire escapes not locked or blocked Chemical storage, product labeling, etc. Hallways and walkways not crowded or blocked in the event of an emergency Free from asbestos or other hazards Etc.

funeral regulators

Each state is the primary regulator of the funeral profession by establishing licensing laws and education requirements; however, right behind them, I would rank the FTC as the second most active regulator of the funeral profession.

Exigent circumstances

Exercise "Due Diligence" Have no reason to believe the family wouldn't want the body embalmed (ex. Jewish or muslim) Obtain permission after the fact or don't charge if they select services that didn't require embalming.

general requirements

Funeral home employees must give consumers itemized and accurate pricing information. All funeral homes MUST comply with the rule (cemeteries and 3rd party sellers are not covered by the funeral rule) Violation can result in very expensive fines per violation. The fine amount is tied to an inflation index that will go up each year!!! Funeral providers cannot misrepresent legal or cemetery requirements, embalming requirements, cremation requirements (merchandise), or use any false or deceptive practice. Cannot charge "Casket handling fees" when a family buys a casket from another funeral home or vendor Must accept outside merchandise - don't have to help unload it or dispose of packing material, but you must provide church trucks and must receive delivery of ATNEED caskets during normal business hours of 8am - 5pm (small unstaffed funeral homes can have them make an appointment).

40-1330

Government Headstone

Fair packaging and Labeling Act

If your funeral home purchases Chinese caskets or urns, they must display, "Made in China" on the foot end of the casket or on the bottom of the urn.

price disclosures

It is considered unfair and deceptive for funeral home employees to fail to give itemized accurate pricing All prices must be itemized and only the Minimum Professional Service Fee can be "non-declinable." Package pricing is permitted as long as the discount is not taken from the Min. Prof. Serv. Fee and all items in the package are offered a-la-cart...otherwise, it is called a "tying arrangement," which is illegal. In other words, you can't only offer certain caskets IF they take an entire package. The funeral home can't "combine services to products that are impossible, impractical or excessively burdensome." Prices must be quoted over the telephone if specific services or prices are requested. Otherwise, the FTC Funeral Rule is a face-to-face transaction. You are not required by FTC to fax, e-mail, or mail your General Price List (you can if you want); however, if requested in person, whether at the funeral home or the ballpark (if talking about funeral prices or services), you must give a copy to them for retention.

other pricing methods

It is permissible to have Alternative Price Lists - ex children/infants, Jewish, Indigents, etc. It is permissible to have preneed price lists; however, they MUST have all of the mandatory disclosures A price list for any free or "included" items All of these lists must be in ADDITION to and NOT in place of the Itemized price list.

casket price list

Must have the name, address, and telephone number of the funeral home at the top Must have "Casket Price List" under the heading It must have an effective date It must be typed or printed neatly It can be in list form, notebook form, a brochure, or a chart It must have the retail price of all caskets and alternative containers USUALLY offered and must include a description. Special order caskets/alt. cont. are not required to be on the list. A separate Casket Price List is not necessary if you included each and every casket and alternative container on the General Price List in the same format as would have been on the CPL The CPL MUST be offered to anyone discussing caskets or alternative containers AND/OR before entering the selection room or being shown the kiosk, lithograph book, etc.

general price list

Must have the name, address, and telephone number of the funeral home at the top Must have "General Price List" under the heading It must have an effective date It must be typed or printed neatly It must itemize all services and merchandise (in ranges for casket and outer burial containers)

outer burial container price list

Must have the name, address, and telephone number of the funeral home at the top Must have "Outer Burial Container Price List" under the heading It must have an effective date It must be typed or printed neatly It can be in list form, notebook form, a brochure, or a chart It must have the retail price of all outer burial containers offered and must include a description. Special order items are not required to be on the list. A separate OBC is not necessary if you included each and every outer burial container on the General Price List in the same format as would have been on the OBC The OBC MUST be offered to anyone discussing caskets or alternative containers AND/OR before entering the selection room or being shown the kiosk, pictures, etc. All required disclosures must be in a "clear and conspicuous" manner and must include, "In most areas of the country, state laws do not require the use of a vault/outer burial container"....(see mandatory disclosures).

Should counsel the family on what to do

Need a death certificate Need to call SSA and schedule an appointment to meet with them for death benefits Checks are "in arears" and a deposit may come that you are not entitled to receive They will come and take-back those funds

statement of funeral goods and services

No specific format is required; however, it should follow the sixteen mandatory items found on the GPL It must include: Itemized prices for each selected item of service and merchandise Specifically itemized cash advance items as selected by the family Total cost of all items selected It must have all required mandatory disclosures regarding: Any legal, cemetery, or crematory requirements that necessitated purchase Legal requirement for embalming (if any) [usually put that "the family expressly authorized embalming"] All disclosures must be clearly stated in a clear and conspicuous manner on the Statement of Funeral Goods and Services just like the FTC requires - identical wording ****** A copy MUST be given to the arranging/signing party at the end of the arrangement conference (BEFORE they leave).

OSHA

Occupational Safety and Health Administration - is a part of the U.S. Department of Labor, and their mission is to ensure a safe workplace for employees.

burial at sea

On a U.S. Navy vessel deployed at sea. Family will not be present but will be given the latitude and longitude coordinates once burial is completed by the ship's commander who presides over the burial/ceremony. A burial flag is required to be provided for the ceremony, except for non-veteran family members.

PADD

Person Authorized to Direct Disposition for military services

40-0247

Presidential Memorial Certificate

Clayton Anti-Trust Act

Prevents monopolies and restraint of trade

GPL must be given upon ANY of the following

Prices of funeral goods or services Overall type of funeral service or disposition (setting time of funeral, church, chapel, etc) Specific funeral goods or services offered by the funeral home (embalming, caskets, etc)

misrepresentation

Say that embalming is required by law if it is not (your funeral home can require it if you have open casket public visitation, but that must be disclosed) Say that a casket must be purchased for cremation (alternative containers can be used) Misquote or mislead consumers to believe that some law or policy requires the purchase of a good or service if it doesn't (ex. vault in a church cemetery that doesn't require them) Say that more expensive caskets or "sealer" caskets prevent or slow the decomposition process Say that outer burial containers or "sealer" caskets prevent the entrance of water, bugs, etc, when you don't know they do (always refer to the manufacturer's warranty) Say or list that the cost of cash advance items are the actual price when they are not (you must disclose on the Statement of Funeral Goods and Services if you make any profit or 'extra' on the service....ex. obituary rebates)

who is the FTC

The FTC is comprised of (5) five commissioners appointed by the President of the United States. Each serve a (7) seven-year term. Their purpose is to prevent monopolies (Anti-trust) and to make a level and fair playing field for business and consumers This includes prohibiting deceptive tactics including pricing.

visitation

Time set aside for friends and relatives to pay respect for the deceased prior to the funeral service.

21-2008

U.S. Flag

If a veteran's body is not recovered, buried at sea, or donated to science and a marker for the veteran is issues, where must the marker be placed?

VA cemetery

active duty full time personnel

Veterans must be honorably discharged to receive veteran's benefits. Veteran's benefits vary depending on the length of time one serves in the military.

Price Disclosures (Continued)

You must have a Casket Price List (CPL) that lists all caskets offered (except special order), a description, and price; this list must be given PRIOR to discussions of caskets or entering the selection room. The CPL can be in a binder and is not required for retention by the consumer. You must have an Outer Burial Container Price List (OBC) that lists all vaults offered (except special order), a description, and price; this list must be given PRIOR to discussions of outer burial containers or entering the selection room. The OBC can be in a binder and is not required for retention by the consumer. You must give the arranging party an itemized invoice of all charges PRIOR to them leaving the funeral home from arrangements - this invoice is called The Statement of Funeral Goods and Services Selected. If a preneed was written before 1984, and no changes are made, then the FTC funeral rule doesn't apply (Grandfathering); however, if the family modifies the preneed after 1984 or makes changes at-need, then the FTC Funeral Rule does apply.

burnside

a casket design in which the body panels display the shape of an urn

urn

a container for cremated remains; a vase with a foot or pedestal.

velvet

a fabric of silk, cotton, and possibly rayon, with a nap typically found in higher quality caskets.

uint pricing

a method of price quotation in which one price includes both service and casket

Threaded Fastener

a screw type fastener

tufted interior

a style of casket interior created by placing a padding material between a lining material and a backing material, with subsequent stitches taken, forming small raised puffs; carriage tufting and biscuit tufting are the two most common types used in caskets

vertical tablet

a type of cemetery monument in which the die is taller than it is wide

"Funeral Rule"

also known as the Funeral Service Trade Regulation Rule

transfer container

an outer enclosure utilized for the protection of casketed remains during transportation

vault

an outer enclosure which offers protection from the earth load as well as possessing sealing qualities

Magnuson-Moss Warranty Act

any merchandise with a manufacturer warranty must 1) be displayed and 2) a copy must be given to the consumer if purchased

wrought bronze

bronze metal rolled into sheets

Truth-In-Lending

charging of interest on preneed or at-need contracts

wrought copper

copper metal rolled into sheets

wood veneer

created by gluing a thin layer of wood of superior value or excellent grain to an inferior wood

Who is responsible for providing military funeral honors?

department of defense

Who owns a veteran's marker once placed in a cemetery (both private and veterans)?

department of defense

Cooling Off Regulation

for Preneed sales made outside of the funeral home - they have 3 days to cancel the contract with no penalty (in consumer's home, for example).

Fair Credit Reporting

how a funeral home reports consumer credit

21-530

monetary funeral expenses

funeral rule also requires

persons arranging a funeral be given a statement of the funeral goods and services selected by that person and the price to be paid for each

Robinson-Patman Act

prevents price discrimination, especially from vendors to funeral homes

tip

the decorative or ornamental part of the casket handle that covers the exposed ends of the bar

Full time active-duty personnel

will receive monetary and physical benefits if killed on active duty. These include: Preparation of the remains, dressing and casketing, transportation with an escort, a United States flag to be given to the next of kin, a burial plot, a grave liner, a government head stone, cemetery services if using a national cemetery or state-run veteran's cemetery, full military honors, and a casket. A liaison from the branch of service the deceased served in will assist the family in all details. The military has service contracts with local funeral homes and will most likely suggest the use of that funeral home. However, if the active-duty personnel's next of kin prefers a private funeral home, without a military contract, handle the arrangements, a local funeral home can be used. If so, a financial reimbursement equal to the military's cost may be reimbursed to the next of kin or that funeral home.