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Price Lists. General Price List 16 CFR 453.2(b) (4) Supplement p. 131. General Price List. Keystone of the Funeral Rule. Itemization is the central provision. May be printed or typewritten. Must be given for retention. Triggering events: 1) prices of funeral goods/services
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Price Lists General Price List 16 CFR 453.2(b) (4) Supplement p. 131
General Price List • Keystone of the Funeral Rule. • Itemization is the central provision. • May be printed or typewritten. • Must be given for retention. • Triggering events: 1) prices of funeral goods/services 2) overall type of funeral service 3) specific funeral goods/services
Triggering Events (cont’d) • Applies whether the discussion takes place in the FH or elsewhere. • An “in-person” request to embalm is not a triggering event by itself. • Any other discussion during the removal is a “triggering event”.
General Price List Format • FH Name, address, telephone number • Heading: “General Price List” • Effective date. • Print must be legible. • 16 required items can be in any order. • Disclosure above the basic services fee.
16 Items of Itemization • Must be listed on the GPL if offered by the funeral home. • Must include the dollar amount. • Funeral homes need only list the services they offer. • Additional services must be itemized. • Package funerals must be offered in addition to the required 16 items.
16 Goods and Services • 1) Basic Services of the FD & Staff • only fee that may be non-declinable • 2) Embalming • 3) Other Prep. of the Body • 4) Use of Facilities & Staff for Visitation • 5) Use of Facilities & Staff for Funeral Ceremony
16 Items (cont’d) • 6) Use of Facilities & Staff for Memorial Service • 7) Use of Equipment & Staff for Graveside Service • 8) Transfer of Remains to FH • 9) Hearse • 10) Limousine • 11) Caskets Price Range
16 Items (cont’d) • 12) Outer Burial containers • 13) Forward of Remains to Another Funeral Home • 14) Receiving Remains from Another Funeral Home • 15) Immediate Burials • 16) Direct Cremation
Mandatory Disclosures • 6 mandatory disclosures must appear on the GPL • Prohibited from editing or modifying the mandatory disclosures. • Must be printed in a clear and conspicuous manner. • Can include additional information.
Mandatory Disclosures (cont’d) • 1) Right to select only goods and services desired. • 2) Embalming • 3) Alternative Containers • 4) Basic Services Fee • 5) Casket Price List • 6) Outer Burial Container Price List
Package Funerals • May assemble various goods and services and assign one price. • May be offered as a discount. • Must be offered in addition to itemized pricing. • Must contain a full description of the goods and services offered.
Distribution of GPL • Anyone who inquires in person. • 3 points of discussion that “trigger” • Must be given for retention. • Request to embalm is not a “trigger”. • Not required to mail a GPL.
Casket Price List • 16 CFR 453.2 (b) (2) • May be printed or typewritten. • Must be presented to people who inquire “in person”. • Offer when discussing and before showing caskets.
CPL (cont’d) • Retail prices of all caskets and alternative containers “regularly” offered. • FH name and caption “Casket Price • List” & identifying information • Effective date. • Not required for retention.
Computer Based Casket Programs Information required by the Funeral Rule must be displayed in a clear and conspicuous manner. Computer program must contain all caskets and containers “routinely offered” by the funeral home. Price must be clear and conspicuous. Disclosures must be on same screen as pictured merchandise.
Outer Burial Container Price List • 453.2 (b) (3) • Printed or typewritten. • Must offer upon discussion of or before showing the containers. • FH name, “Outer Burial Container Price List”, effective date, identifying information • Must contain all product “regularly” offered. • Not required for retention.
Statement of Funeral Goods and Services Selected • 453.2 (b) (5) • No specific format required. • In NJ must conform to: 13:36-1.9 • Itemized statement of all funeral goods, services and cash advances. • Mandatory disclosures: 1) legal and other requirements 2) embalming 3) cash advance items
Embalming Requirements/Provisions • 3 conditions: • 1) state law requires it • 2) family gives permission • 3) exigent circumstances • (3 conditions)
Retention of Documents • 1 year after the date of the last distribution • SFGSS: 1 year from date of the arrangements conference NJ: 13:36-1.8 (7 years) • State Exemptions
Federal Rule Offenders Program (1996) 1997: 44 funeral homes offered participation as an alternative to litigation Administered by the FTC (NFDA assisted in its development) “FTC Sweeps” By 2010 more than 2400 funeral homes have been inspected 396 substantially non-compliant
www.ftc.gov • During 2010, more than 140,000 consumers and business ordered copies of: • “Paying Final Respects: Your rights when Buying funeral Goods and Services”; “Funerals: A Consumer Guide” and “Complying with the Funeral Rule”
NFDA’s Tips to Avoid Getting “Stung” stack of GPLs at FH entrance Stack of GPLs in reception area Stack of GPLs in arrangement office Copies of CPLs outside the SR Staff training (non-licensed & licensed)