HOME

TheInfoList



OR:

The Funeral Rule, enacted by the
Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...
on April 30, 1984, and amended effective 1994, was designed to protect consumers by requiring that they receive adequate information concerning the goods and services they may purchase from a funeral provider. All funeral providers must comply with The Funeral Rule. The Funeral Rule defines such terms as, among others, funeral provider, funeral goods and
funeral services A funeral director, also known as an undertaker (British English) or mortician (American English), is a professional involved in the business of funeral rites. These tasks often entail the embalming and burial or cremation of the dead, as w ...
and specifies various consumer rights, as well as specific parameters in which funeral industry goods and service providers must respect consumer rights and conduct their business.


Overview

The Funeral Rule defines and provides parameters in the following key subject areas: * Definition of a General Price List, or GPL * Specific disclosures must be provided in writing to the consumer regarding embalming, alternative containers for direct cremation, the basic service fee, the Casket Price List and the Outer Burial Container Price List * Specific misrepresentations in six areas:
embalming Embalming is the art and science of preserving human remains by treating them (in its modern form with chemicals) to forestall decomposition. This is usually done to make the deceased suitable for public or private viewing as part of the funeral ...
, casket for direct cremation, outer burial container, legal and
cemetery A cemetery, burial ground, gravesite or graveyard is a place where the remains of dead people are buried or otherwise interred. The word ''cemetery'' (from Greek , "sleeping place") implies that the land is specifically designated as a buri ...
requirements, preservative and protective vault claims,
cash advance A credit card is a payment card issued to users (cardholders) to enable the cardholder to pay a merchant for goods and services based on the cardholder's accrued debt (i.e., promise to the card issuer to pay them for the amounts plus the ot ...
items and other misrepresentations - The GPL must contain a written acknowledgement that consumers have the right to choose the funeral goods and services desired, with some exceptions * Disclosure and reference to any state or local laws that require a consumer to purchase any particular item * A funeral home may not refuse or charge a fee to handle a casket that is purchased from a third-party provider * A funeral home that also offers
cremation Cremation is a method of Disposal of human corpses, final disposition of a Cadaver, dead body through Combustion, burning. Cremation may serve as a funeral or post-funeral rite and as an alternative to burial. In some countries, including India ...
must offer an inexpensive, unfinished wood box or alternative container with a non-metal enclosure that is cremated with the body * Written disclosure must be made of the consumer's right to purchase an unfinished wood box or alternative container for direct cremation * A
funeral home A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the dead and their families. These services may include a prepared wake and funeral, and the provision of a chapel for the funeral. Services ...
may not claim that state or local law require a
casket A casket jewelry box is a container that is usually smaller than a chest, and in the past were typically decorated. Whereas cremation jewelry is a small container, usually in the shape of a pendant or bracelet, to hold a small amount of ashes. ...
for direct cremation * A written description and price list of all caskets must be provided before viewing any caskets for sale * A written acknowledgement provided to the consumer stating that consumers do not have to purchase a package funeral arrangement * Written details, including associated expenses, regarding viewing or visitation of the deceased * Written details, including associated expenses, of a formal
funeral A funeral is a ceremony connected with the final disposition of a corpse, such as a burial or cremation, with the attendant observances. Funerary customs comprise the complex of beliefs and practices used by a culture to remember and respect th ...
service * Written details, including associated expenses, regarding transportation to the
cemetery A cemetery, burial ground, gravesite or graveyard is a place where the remains of dead people are buried or otherwise interred. The word ''cemetery'' (from Greek , "sleeping place") implies that the land is specifically designated as a buri ...
* A funeral home must provide a written GPL to all persons who inquire in person about funeral arrangements, regardless of whether they are a consumer looking to purchase funeral goods and services from the funeral home now or in the future * The GPL must be provided for the inquiring individual or group to keep * The GPL must be offered when any discussion begins regarding funeral arrangements, goods or services or the prices of such, regardless of the location of the discussion * The GPL does not have to be physically mailed in response to telephone or mail inquiries, although accurate information must be provided to a telephone inquiry * A fee cannot be charged for providing a GPL in response to a telephone or mail inquiry


Types of funerals

The Funeral Rule defines clearly several funeral types to minimize the chance of miscommunication or misunderstanding between the funeral service provider and customer. ;"Traditional", full-service funeral: The Funeral Rule describes a traditional, full-service funeral as including a viewing or visitation of the deceased, usually held in the funeral home, a formal funeral service, transportation of the deceased to the cemetery (
hearse A hearse is a large vehicle, originally a horse carriage but later with the introduction of motor vehicles, a car, used to carry the body of a deceased person in a coffin at a funeral, wake, or memorial service. They range from deliberately ano ...
), the
burial Burial, also known as interment or inhumation, is a method of final disposition whereby a dead body is placed into the ground, sometimes with objects. This is usually accomplished by excavating a pit or trench, placing the deceased and objec ...
,
entombment Burial, also known as interment or inhumation, is a method of final disposition whereby a dead body is placed into the ground, sometimes with objects. This is usually accomplished by excavating a pit or trench, placing the deceased and objec ...
or
cremation Cremation is a method of Disposal of human corpses, final disposition of a Cadaver, dead body through Combustion, burning. Cremation may serve as a funeral or post-funeral rite and as an alternative to burial. In some countries, including India ...
in addition to the funeral director's basic service fee. Extra costs not included in the aforementioned arrangements include
embalming Embalming is the art and science of preserving human remains by treating them (in its modern form with chemicals) to forestall decomposition. This is usually done to make the deceased suitable for public or private viewing as part of the funeral ...
and the dressing of the body, the
funeral home A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the dead and their families. These services may include a prepared wake and funeral, and the provision of a chapel for the funeral. Services ...
's basic service fee, funeral home rental for the viewing or service, use of vehicles (limousine) to transport the family or pallbearers, the
casket A casket jewelry box is a container that is usually smaller than a chest, and in the past were typically decorated. Whereas cremation jewelry is a small container, usually in the shape of a pendant or bracelet, to hold a small amount of ashes. ...
or
urn An urn is a vase, often with a cover, with a typically narrowed neck above a rounded body and a footed pedestal. Describing a vessel as an "urn", as opposed to a vase or other terms, generally reflects its use rather than any particular shape or ...
, the cemetery plot or
crypt A crypt (from Latin ''crypta'' "vault") is a stone chamber beneath the floor of a church or other building. It typically contains coffins, sarcophagi, or religious relics. Originally, crypts were typically found below the main apse of a chur ...
, flowers,
obituary notice An obituary (wikt:obit#Etymology 2, obit for short) is an article about a recently deceased person. Newspapers often publish obituaries as Article (publishing), news articles. Although obituaries tend to focus on positive aspects of the subj ...
, and others. ;Immediate burial: The Funeral Rule describes immediate burial as a burial that occurs shortly after death with no viewing or visitation and is usually in a simple container or casket. There is generally no viewing or visitation, so embalming is not necessary or required. A
memorial A memorial is an object or place which serves as a focus for the memory or the commemoration of something, usually an influential, deceased person or a historical, tragic event. Popular forms of memorials include landmark objects or works of a ...
service is generally held at the burial site, or at a later date. Costs associated with this choice include the funeral director's basic service fee, transportation and care of the body, the casket or burial container and the cemetery plot or crypt. If the family selects a burial site service, extra charges will be added. ;Direct cremation: The Funeral Rule described direct cremation as
cremation Cremation is a method of Disposal of human corpses, final disposition of a Cadaver, dead body through Combustion, burning. Cremation may serve as a funeral or post-funeral rite and as an alternative to burial. In some countries, including India ...
that occurs shortly after death with no viewing or visitation and
embalming Embalming is the art and science of preserving human remains by treating them (in its modern form with chemicals) to forestall decomposition. This is usually done to make the deceased suitable for public or private viewing as part of the funeral ...
is not necessary or required. A
memorial A memorial is an object or place which serves as a focus for the memory or the commemoration of something, usually an influential, deceased person or a historical, tragic event. Popular forms of memorials include landmark objects or works of a ...
may be held with or without the remains. The remains may be kept in the home, buried, placed in a
crypt A crypt (from Latin ''crypta'' "vault") is a stone chamber beneath the floor of a church or other building. It typically contains coffins, sarcophagi, or religious relics. Originally, crypts were typically found below the main apse of a chur ...
or
niche Niche may refer to: Science *Developmental niche, a concept for understanding the cultural context of child development *Ecological niche, a term describing the relational position of an organism's species *Niche differentiation, in ecology, the ...
or scattered in a favorite spot. Costs associated with direct cremation include the funeral director's
basic service fee BASIC (Beginners' All-purpose Symbolic Instruction Code) is a family of general-purpose, high-level programming languages designed for ease of use. The original version was created by John G. Kemeny and Thomas E. Kurtz at Dartmouth College ...
, transportation and care of the body, a
crematory A crematorium or crematory is a venue for the cremation of the dead. Modern crematoria contain at least one cremator (also known as a crematory, retort or cremation chamber), a purpose-built furnace. In some countries a crematorium can also b ...
fee may be included if the
funeral home A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the dead and their families. These services may include a prepared wake and funeral, and the provision of a chapel for the funeral. Services ...
provides crematory services, the cost of an
urn An urn is a vase, often with a cover, with a typically narrowed neck above a rounded body and a footed pedestal. Describing a vessel as an "urn", as opposed to a vase or other terms, generally reflects its use rather than any particular shape or ...
or other container and the cemetery plot or crypt if the remains are buried or entombed. If the funeral home does not provide crematory services, a third-party crematory service fee will also be added on. The Funeral Rule establishes that all funeral homes that offer cremation must offer consumers containers other than
casket A casket jewelry box is a container that is usually smaller than a chest, and in the past were typically decorated. Whereas cremation jewelry is a small container, usually in the shape of a pendant or bracelet, to hold a small amount of ashes. ...
s.


Viewing or visitation

U.S. persons, under The Funeral Rule, are not required to use a funeral home to conduct the viewing or visitation or funeral, however, there are many details and legal requirements, so it is a commonly accepted practice to use one. Funeral transfer service providers remedy the need for a funeral home while at the same time removing the obstacles that inhibit a lay person from performing the basic requirements of transportation, storage and documents preparation.


Basic service fee

The Funeral Rule allows for funeral homes to charge a basic service fee. Consumers who select to work with a particular funeral home cannot decline to pay this fee, which includes fees for services common to all funerals, such as: - Planning and arranging the actual funeral, such as determining the viewing or visitation dates and times - Securing the applicable permits and copies of the
death certificate A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, as ...
- Preparation of
obituary notice An obituary (wikt:obit#Etymology 2, obit for short) is an article about a recently deceased person. Newspapers often publish obituaries as Article (publishing), news articles. Although obituaries tend to focus on positive aspects of the subj ...
s. If an extra service charge is applied, this must be disclosed in writing - Sheltering of the remains - Coordinating arrangements with the cemetery, crematory or other third-party - The basic service fee does not include optional services or goods


Optional goods or services

The Funeral Rule defines optional goods or services as everything outside of what is specifically delineated as being included in the basic service fee, including cash advance items. Some examples of optional goods or services include: - Transportation of the remains - embalming or other preparation - Use of the funeral home and staff for viewing or visitation - The funeral or memorial ceremony - Use of the hearse for transportation to the cemetery - Limousine for family or pallbearers - casket or urn - Outer burial container, if required by the cemetery Alternate burial container - cremation or inurnment A cash advance is used for any goods or services that the funeral home purchases from a third-party vendor on behalf of their customer. Some examples of cash advance items include: - Flowers -
obituary notice An obituary (wikt:obit#Etymology 2, obit for short) is an article about a recently deceased person. Newspapers often publish obituaries as Article (publishing), news articles. Although obituaries tend to focus on positive aspects of the subj ...
- Pallbearers - Officiating clergy - Organist or soloist The Funeral Rule stresses the importance of the consumer to clarify with the funeral home whether there is a premium charged for cash advance items. Some funeral homes pass through the exact expense to their customers, while others apply a mark-up, which is allowable under The Funeral Rule. According to The Funeral Rule, funeral homes that charge a mark-up must disclose this in writing to their customers, but the amount or percentage of the mark-up need not be disclosed. The Funeral Rule also establishes that funeral homes must disclose whether any refunds, rebates or discounts apply to any cash advance item.


Itemized statement

The Funeral Rule directs that the funeral home must provide the customer with a written itemized statement, including the total cost. However, The Funeral Rule does not establish format guidelines for the itemized statement and it may be included on any document given to the customer at the end of the discussion about funeral arrangements. The Funeral Rule stresses the importance of understanding what goods and services are included in the basis service fee and what is being itemized as optional and charged for separately. The itemized statement must include the charges for cash advance goods and services. If the funeral home is unsure of the exact amount of cash advance items, a written “good faith estimate” must be provided in writing. The itemized statement must also disclose any legal,
crematory A crematorium or crematory is a venue for the cremation of the dead. Modern crematoria contain at least one cremator (also known as a crematory, retort or cremation chamber), a purpose-built furnace. In some countries a crematorium can also b ...
or cemetery requirements on any goods or service purchased.


Embalming

Many funeral homes require embalming if a viewing or visitation is planned, however, there is no federal or state law that dictates that embalming is required and a funeral home is prohibited from stating that any such law exists. The Funeral Rule established the following embalming guidelines: - Embalming cannot be done without specific permission from the customer - Funeral homes may not claim that embalming is a legal requirement, except in certain special circumstances, and provide written disclosure of such - Customers may not be charged for embalming without their permission unless it was required by state law in certain special circumstances - The customer must receive written disclosure stating that individuals usually have the right to choose a
disposition A disposition is a quality of character, a habit, a preparation, a state of readiness, or a tendency to act in a specified way. The terms dispositional belief and occurrent belief refer, in the former case, to a belief that is held in the mind bu ...
that does not require embalming, such as direct cremation or
immediate burial Immediate may refer to: * Immediate Records, a British record label * The Immediate, an Irish rock group * Immediate Media Company, British publishing house * Immediate Music, library music company * Short for immediate value See also

* Im ...
, which do not require embalming - Written disclosure must be made if a funeral arrangement, such a viewing or visitation, may require embalming as a practical necessity and therefore, a required purchase


Caskets

Casket A casket jewelry box is a container that is usually smaller than a chest, and in the past were typically decorated. Whereas cremation jewelry is a small container, usually in the shape of a pendant or bracelet, to hold a small amount of ashes. ...
s are typically metal, wood, fiberglass, fiberboard or plastic. The Funeral Rule states that customers must be provided a written description of each casket offered and the associated Casket Price List before viewing of any physical caskets. The Funeral Rule also mandates that a funeral home must accept any third-party purchased casket for the funeral and may not charge any fees for acceptance. Some caskets include features such as “gasketed”, “protective” or includes a “sealer”. These terms generally mean the casket has a rubber gasket or other feature designed to delay water seepage and prevent rust. According to The Funeral Rule, these features may delay the decomposition of the remains, but they will not prevent it forever. Some caskets come with warranties, but the warranty is for the durability of the casket, not for protection from eventual decomposition of the remains. Under The Funeral Rule, no person selling any casket may claim that caskets with these features will prevent decomposition of the remains forever, because that is not possible.


Cremation

According to The Funeral Rule, funeral homes and any
crematory A crematorium or crematory is a venue for the cremation of the dead. Modern crematoria contain at least one cremator (also known as a crematory, retort or cremation chamber), a purpose-built furnace. In some countries a crematorium can also b ...
must comply with the following: - An inexpensive, unfinished wood or alternative container, with a non-metal enclosure that is cremated with the body must be made available. These are generally made of press board, cardboard or canvas. - It may not be stated that state or local laws require the purchase of a casket for direct cremation - Written disclosure must be provided to the customer's on their right to buy an unfinished wood box or alternative container for direct cremation - An unfinished wood box or alternative container must be made available If a viewing or visitation is requested prior to
cremation Cremation is a method of Disposal of human corpses, final disposition of a Cadaver, dead body through Combustion, burning. Cremation may serve as a funeral or post-funeral rite and as an alternative to burial. In some countries, including India ...
, many funeral homes have caskets for rent in lieu of purchasing a casket.


Outer burial container

Outer burial containers are not required by law but are required by many cemeteries. The outer burial container surrounds the casket in the grave to protect it from sinking into the ground. There are two types of outer burial containers, a
grave liner A burial vault (also known as a burial liner, grave vault, and grave liner) is a container, formerly made of wood or brick but more often today made of metal or concrete, that encloses a coffin to help prevent a grave from sinking. Wooden coffi ...
and a burial vault. A grave liner is generally made from reinforced concrete that satisfies any cemetery requirement and covers the top and sides of the casket. A burial vault is more substantial and expensive and surrounds the entire casket in concrete or other material. The Funeral Rule dictates that the customer must be given a written description and Outer Burial Container Price List prior to viewing any physical items and that the funeral home cannot claim either in writing or verbally that any process or product will preserve the remains indefinitely.


Cemetery sites

When selecting a
cemetery A cemetery, burial ground, gravesite or graveyard is a place where the remains of dead people are buried or otherwise interred. The word ''cemetery'' (from Greek , "sleeping place") implies that the land is specifically designated as a buri ...
site, The Funeral Rule advises consumers to considering the following: - Location of the cemetery and
burial plot A grave is a location where a cadaver, dead body (typically that of a human, although sometimes that of an animal) is burial, buried or interred after a funeral. Graves are usually located in special areas set aside for the purpose of burial ...
- Religious requirements or affiliations - Restrictions or charges associated with the
outer burial container {{Short pages monitor