The Funeral Rule, enacted by the Federal Trade Commission on April 30, 1984, and amended effective 1994, is a U.S. federal regulation designed to protect consumers by requiring that they receive adequate information concerning the goods and services they may purchase from a funeral provider.
All U.S. funeral providers must comply with The Funeral Rule. The Funeral Rule defines such terms as, among others, funeral provider, funeral goods and funeral services 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, casket for direct cremation, outer burial container, legal and cemetery requirements, preservative and protective vault claims, cash advance 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 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 may not claim that state or local law require a casket 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 service Written details, including associated expenses, regarding transportation to the cemetery 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), the burial, entombment or cremation in addition to the funeral director's basic service fee.
Extra costs not included in the aforementioned arrangements include embalming and the dressing of the body, the funeral home's basic service fee, funeral home rental for the viewing or service, use of vehicles (limousine) to transport the family or pallbearers, the casket or urn, the cemetery plot or crypt, flowers, obituary notice, 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 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 that occurs shortly after death with no viewing or visitation and embalming is not necessary or required. A memorial may be held with or without the remains. The remains may be kept in the home, buried, placed in a crypt or niche or scattered in a favorite spot.
Costs associated with direct cremation include the funeral director's basic service fee, transportation and care of the body, a crematory fee may be included if the funeral home provides crematory services, the cost of an urn 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 caskets.
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 - Preparation of obituary notices. 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 - 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 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 that does not require embalming, such as direct cremation or immediate burial, 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 Caskets 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 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 customers on their right to buy an unfinished wood box or alternative container for direct cremation.