|
HOT ISSUES
2-4-2008 - GPL UPDATE The response to the last "In The Loop" article regarding GPLs has been incredible. Many of our members have called in to make sure their GPL is compliant with the latest FTC ruling. It is quite gratifying to know that so many members read and rely on our updates. Please know that any information that you provide to MFDEA regarding your GPL is kept totally confidential and will NOT be retained by our office. Many members have had questions about clergy cars, flower vehicles and the like. The best rule of thumb is simply this: Is the charge on your GPL something that you charge EVERY customer on EVERY funeral? If that is the case, the charge should be part of your General Non-Declinable Fee. In other words if the charge an item the customer cannot decline, then, by definition, it should be a part of your non-declinable fee! One of the very good outcomes of this recent FTC ruling is that it is pushing funeral homes to carefully review the items that the funeral homes DO routinely provide their customers, but for which they have never considered the cost. Do you routinely but 10-20 miles on one of your vehicles for each funeral doing things like picking up death certificates, delivering flowers or guest books? If so, you should factor in the costs of gas and vehicle maintenance in order to get a true picture of what you are spending to provide your services. Look for more GPL information in upcoming email alerts and in the Missouri Funeral Director Magazine. On another GPL note, Everestfuneral.com has started to again make cold calls to funeral homes in Missouri asking about prices on the GPL. Here is the rule on dealing with such calls: Don't Get Stung: What You Need to Know About Everestfuneral.com's Calls to Funeral Homes Two years ago, Everestfuneral.com launched what they billed as a funeral planning and concierge service. One of the products offered is a “PriceFinder Report,” which offers a comparison of funeral home pricing data in a specific geographic area. To compile these reports, Everest contacts funeral homes by phone and asks for information contained in their GPL. Everest has recently contacted a number of NFDA-member funeral homes. If you receive a call from Everestfuneral.com, or anyone else, you have certain obligations under the Funeral Rule: Disclosing Prices Over the Phone: The Funeral Rule requires funeral directors to answer telephone inquiries regarding funeral services and prices. Therefore, if you receive a call from an Everest representative, or any consumer, for that matter, inquiring about the cost of various goods and services, you MUST provide that information over the telephone. This requirement applies even though Everest is not a consumer; you are required to provide this information to anyone who calls regardless of whether the caller is a consumer. Mailing or Faxing a Price List: The Funeral Rule only requires funeral homes to distribute a GPL if there is a face-to-face discussion involving funeral prices, arrangements, services or goods. Therefore, you are not required to mail or fax your GPL to Everest or anyone else who calls and requests a price list. It is up to you to determine whether you want to honor that request, but you are not required to do so NOTE: Everest is NOT affiliated with either the MFDEA or the NFDA although some people have reported that, in the past, they have implied some sort of affiliation. Call Don Otto at 573-635-1661 if you have further questions.
1-31-2008 AARP ARTICLE RESPONSE By now many of you have either seen or heard of the AARP Magazine article critical of pre-need arrangements. This article mentioned a Missouri funeral home. What the article did not mention, is that, despite the actions of the funeral director in question, persons with contracts with the Missouri Funeral Trust will be getting the funerals they paid for. (MFDEA believes that this is probably also the case with other third-party sellers as well but is not privy to their arrangements) This has been possible without negatively impacting MFT participant returns thanks to the cooperation of local funeral homes and the foresight and proactive decisions of the MFT Board. Feel Free to call Don Otto for more details and how this article, and MFT's response to the Salem situation can actually increase your customer's comfort level with their preneed plan. Below is NFDA's response to the AARP article: NFDA Meets With AARP to Discuss “R.I.P. Off” Article. On Thursday, January 24, NFDA CEO Christine Pepper, Senior Vice President for Advocacy John Fitch, and other NFDA personnel held face-to-face meetings with senior leadership at AARP, including Chief Operating Officer Tom Nelson. Among the agenda items discussed was the recent AARP article "R.I.P. Off," which attracted the attention of many in funeral service and raised concerns because of its portrayal of funeral directors and advance planning. Pepper voiced those concerns, especially the distasteful headline and photographic illustrations that accompanied the article. While these tactics are used by many publications to draw a reader in, AARP's leadership agreed that the pictures had little bearing on the content of the article. AARP officials also concurred with Pepper when she voiced funeral service's disappointment that AARP missed the opportunity to educate hundreds of thousands of consumers about the advance planning process. NFDA staff provided AARP officials with NFDA's Consumer Bill of Rights for Funeral Preplanning; a number of consumer brochures that help those interested in making arrangements in advance think about what questions to ask before they sit down with a funeral director; and the FRONTLINE: The Undertaking community relations kit. NFDA has been a consumer advocate and resource on the subject of advance planning, and its Funeral Service Helpline was called out by Consumer Reports as a valuable tool for consumers in dispute resolution. Those efforts impressed AARP staff and NFDA walked away from the meeting with a commitment from them to work collaboratively on consumer education materials in the future. NFDA leadership will continue to meet with AARP on a regular basis to encourage more proactive and balanced reporting about the profession; we will continue to make sure AARP is aware of all of the great information and resources that NFDA and its members provide to consumers around the world every day.
1-2-2008: MISSOURI RULES THAT NO SALES TAX COLLECTED ON MONUMENTS The Department of Revenue has just issued Letter Ruling 4329 which holds that, in most circumstances, sales tax should not be collected on grave monuments that are permanently affixed to the ground before the consumer takes legal title to them. This is the case with headstones and grave markers that go directly to the cemetery and not to the funeral home or consumer. For those that have taken my law class or been at one of the presentations on the Burial Vault issue, you are aware that I thought that many sales of headstones and monuments would fall under the same theory of no sales tax as to burial vaults since, in both cases, the items are affixed to the ground before title passes to the consumer which was the theory behind the Supreme Court case in 2003. However, smaller items such as plaques or brass markers that are shipped to the funeral home before going to the cemetery should have sales tax still collected on them as title has passed before they are attached to the ground. This Revenue Ruling is not yet available on Revenues Web Site but will be posted there soon. The MFDEA office has a copy of the letter and can fax it to members. There will be more updates and clarifications coming soon, please call the MFDEA office at 573-635-1661 for more information.
Many local county and city sales tax rates were increased on Jaunuary 1, 2008. You can see if your local sales tax changed by following this link to the web site: http://www.dort.mo.gov/tax/business/sales/taxcards/ NOTE: Sales tax is NOT COLLECTED on most burial vaults, mausoleums or monument sales. Call the MFDEA office at (573) 635-1661, if you need further clairification.
   YOUR ASSOCIATION AT WORK FOR YOU IN JEFFERSON CITY! UPDATES ON CURRENT LEGISLATION & REGULATION CHANGES. For Information go to. Legislation/State Regulations Tab in Member Area. (2/27/07)
SCAM ALERT! (See "News") Funeral Directors MUST be given information on communicable diseases! Funeral Directors and Embalmers are EXEMPT under the HIPAA Act (Members Only Area) ARCHIVED DEATH CERTIFICATE DELAY UPDATE FROM SECRETARY OF STATE
New Downloads In "Members Area" Including:
Disinterment Authorization Form Request to Surrender Body to Next-of-Kin Form and Release Scott Gilligan's Convention Presentation Slides! Next-of-Kin Designation Waiver of Next of Kin Rights Embalming Log Template Release to view body before embalming
PLEASE NOTE THAT OTHER INFORMATION FOR FUNERAL DIRECTORS ONLY IS IN THE MEMBERS SECTION!
MFDEA E-MAIL ALERT SERVICE
Want to stay up-to-date on Funeral Service issues throughout the state including legislative and regulatory alerts, breaking news, Seminar and Conference notices and major web-site updates? Then send MFDEA your email address and be included in our regular email alert service! Your address is not released to outside companies and is not broadcast to the membership. The e-mail altert service is free as a benefit of MFDEA membership. If MFDEA does not have you on our email list (or if you are not certain) simply send us the email address you would like us to use to:
info@mofuneral.org
Please put in the subject line "E-mail Alert List" and you will be added right away!
Back by Popular Demand!
Calling the MFDEA office after hours, on weekends or when everybody is on the phone? You will once again get a real, live, person to talk to at all times of the day or night. MFDEA has partnered with Directors' Choice, MFDEA's Endorsed answering service company, to provide live answering services for the MFDEA office. Messages can be left, information on faxing and emailing can be obtained and people can be paged 24 hours a day, 7 days a week. If you would like to try Directors' Choice for your business, click on the "Endorsed Companies" link or visit them at www.dchoice.com.
Questions, Comments or would like to volunteer for an MFDEA Committee? Email us at info@mofuneral.org
Copyright© 2007 Missouri Funeral Directors & Embalmers Association All Rights Reserved
|
|