Funeral Rule 5-10 Flashcards Preview

Mortuary Law- Mors 200 Study Guide > Funeral Rule 5-10 > Flashcards

Flashcards in Funeral Rule 5-10 Deck (55)
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1
Q

Should be printed or typewritten, and must contain the following:

  • The name, address, and telephone number of the funeral provider’s place of business, including (where relevant) the address and telephone number of each branch.
  • The caption: “General Price List”
  • The effective date of the price list
A

Identifying Information

2
Q
  1. The consumer’s right to select only the goods and services desired.
  2. Embalming
  3. Alternative containers for direct cremation
  4. The basic services fee
  5. The casket price list
  6. The outer burial container price list
A

6 Required Disclosures on the GPL

3
Q

In addition to the 6 required disclosures on the GPL, you must use ____ ____ given in the Rule. You cannot edit or paraphrase.

  • You can include additional information, such as a reference to your own state laws, but you cannot change the FTC language or add anything that will modify the FTC language.
A

Identical Wording

4
Q

Besides a non-declinable basic services fee:

  • You should place this statement immediately above the prices of the goods and services that you offer.
  • The statement should read:
    • The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. However, any funeral arrangements you select will include a charge for our basic services and overhead. If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected.
A

Right of Selection

5
Q

Except in certain cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement, such as direct cremation or immediate burial, that does not require you to pay for it.

  • Delete “except in certain special cases” if state or local law in the area where you do business does not require embalming for a viewing or funeral.
A

Embalming

6
Q

If you want to add information about state law embalming requirements, you may do so ____ the FTC disclosure.

A

After

7
Q

You should put the embalming disclosure in ______ _______ with the price for embalming.

A

Immediate Conjunction

8
Q

Means that the embalming disclosure must appear directly next to the price for embalming. You should not put the disclosure on a seperate page or anywhere else on the GPL apart from the embalming price.

A

“In Immediate Conjunction”

9
Q

If you want to arrange for a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are (specify containers).

A

Alternative Containers

10
Q

You shoud place the alternative container disclosure in immediate conjunction with (directly next to) the price range for ____ _____. At the end of the last sentence, you should describe the specific kind of container(s) that you offer. If you don’t arrange ___ _______, you don’t need to include this disclosure in the GPL.

A

Direct Cremation

11
Q

The fee for the professional services of the funeral director and staff.

A

Basic Services Fee

12
Q
  • This is added to the total cost of the funeral arrangements.
  • Could include a charge for the services you perform in conducting the arrangements conference, planning the funeral, securing the necessary permits, preparing the notices, and coordinating the cemetery or crematory arrangements.
  • This fee may also include overhead that you have not allocated elsewhere.
A

Basic Services Fee

13
Q
  1. If you list a separate basic services fee and the charge is non-declinable (the customer does not have the option of declining the charge).
  2. Instead of charging a separate basic services fee, you can include the services fee in your casket prices.
A

2 Ways to Include the Basic Services Fee on Your General Price List

14
Q

You must provide the following disclosure:

This fee for our basic services and overhead will be added to the total cost of the funeral arrangements you select. (This fee is already included in our charges for direct cremations, immediate burials, and forwarding or receiving remains.)

A

If you list a separate basic services fee and the charge is non-declinable (the customer does not have the option of declining the charge).

15
Q

With this alternative, you must include the following disclosure:

Please note that a fee of (specify dollar amount) for use of our basic services and overhead is included in the price of our caskets. This same fee shall be added to the total cost of your funeral arrangements if you provide the casket. Our services include (specify)

A

Instead of charging a separate basic services fee, you can include the services fee in your casket prices.

16
Q

For the basic services fee, if you choose option 2, the fee should include all charges for the recovery of overhead costs not allocated elsewhere, and you may add the phrase ____ ____ after the word “services” in the first sentence.

A

“And Overhead”

17
Q

The basic services fee must appear on the GPL together with the prices for the ____ _____ or together with the casket price range if you have a separate Casket Price List.

A

Individual Caskets

18
Q

You may list this on the General Price List or in a separate list. If you choose a separate list, your GPL should state the range of prices for the caskets you sell, together with the following disclosure:

A complete price list will be provided at the funeral home.

A

Casket Price List

19
Q

Can have the list included or a separate list (very much like the Casket Price List). If you choose to have a seprate list, this is the disclosure:

A complete price list will be provided at the funeral home.

A

Outer Burial Container Price List

20
Q

If you put this on the General Price List, you must include the following disclosure:

[In most areas of the country], [S]tate or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements.

  • If the list is separate, this will be added on the seperate list rather than on the GPL.
  • Delete “In most areas of the country” from the disclosure if your state or local law does not require a container to surround the casket in the grave.
A

Outer Burial Container Price List

21
Q
  1. Forwarding of remains to another funeral home
  2. Receiving remains from another funeral home
  3. Direct cremation
  4. Immediate burial
  5. Basic services of funeral director and staff, and overhead
  6. Transfer of remains to funeral home
  7. Embalming
  8. Other preparation of the body
  9. Use of facilities and staff for viewing
  10. Use of facilities and staff for funeral ceremony
  11. Use of facilities and staff for memorial service
  12. Use of equipment and staff for graveside service
  13. Hearse
  14. Limousine
  15. Either individual casket prices or the range of casket prices that appear on the Casket Price List
  16. Either individual outer burial container prices or the range of the outer burial container prices that appear on the Outer Burial Container Price List
A

You Must List these 16 Specified Items of Goods and Services on the GPL, Together With the Price for Each Item.

22
Q
  • Can be in any order that you want
  • Only have to list the items that you offer
  • You may also list other items that you offer, such as acknowledgement cards and cremation urns.
  • You may provide prices for package funerals, however, you must offer any package funerals in addition to and not in place of the required itemized prices.
  • Should be accurate and up to date. Should reflect the prices that you actually charge your customers.
A

Required Itemized Prices on the GPL

23
Q

You can offer this when there are certain circumstance, such as arrangements for a friend or relative or a family that otherwise could not afford your services.

  • However, you should not inflate the prices on any of your price lists in order to offer all or most of your customers one of these. In that case, these prices would be the accurate prices and should be reflected on the price lists.
A

Discount

24
Q

Unlike the rest of the goods and services that you must list on the GPL, the prices for these four items must include any fee that you will charge customers for the basic professional serices of the funeral director and staff.

  1. Forwarding of remains
  2. Receiving remains
  3. Direct cremation
  4. Immediate burial
A

Minimal Services

25
Q

The GPL should list one price for each of these items and describe all services you will provided for the quoted price.

  • Should include all charges relating to each service, including any basic services fee and any facilities or equipment fees.
A

Forward of Remains and Receiving Remains

26
Q

Your GPL must state a price range, make the required disclosure about the availability of an alternative container, and list each of these options within the range:

  • A price for direct cremation if the consumer provides the casket or container
  • A price for each direct cremation you offer with an alternative container
A

If you Offer Direct Cremations

27
Q

If you offer ___ ____, the rule requires you to offer at least one alternative container. If you offer ___ _____ with more than one alternative container, separately list a description of each container and its price.

A

Direct Cremation

28
Q
  • GPL must describe the services you provide for each direct cremation you offer, such as direct cremation with a memorial service.
  • If you include the cost of cremation in your direct cremation price, include the words “and cremation” in your GPL’s description of what you provide fro each direct cremation.
  • If you use a crematory that someone else owns, you may treat the cremation charge as a cash advance item.
A

More on Direct Cremation (Minimal Services)

29
Q
  • Do not include the words “and cremation” in your GPL’s description of what you provide for direct cremation
  • Clearly explain that the added crematory charge will be estimated or itemized in the Statement of Funeral Goods and Services Selected
A

Treating the Cremation Charge as a Cash Advance Item

30
Q

You must give a price range, together with each of the following separate options within the range:

  • one price where the purchaser provides the casket.
  • A separate price for each form of immediate burial offered where you provide a casket or alternative container. (You are not required to make an alternative container available for this purchase. However, you may choose to offer this option).
A

Immediate Burials

31
Q
  • Must describe in the GPL the services and container provided for each price.
  • If the immediate burial option is available with any casket on your Casket Price List, the General Price List can simply state the price of the service and refer the customer to the Casket Price List for casket prices.
A

Immediate Burial- More Info

32
Q

A fee for the basic services that you furnish in arranging any funeral.

A

Basic Services of Funeral Director and Staff (and Overhead)

33
Q

Should include services that are common to virtually all forms of disposition or arrangements that you offer

  • Conducting the arrangements conference
  • Securing the necessary permits
  • Preparing the notices
  • Sheltering of remains
  • Coordinating the arrangements with the cemetery, crematory, or other third parties

Should not include charges related to other items and must be separately listed on the GPL and that the customer may decline to purchase.

A

Basic Services of Funeral Director and Staff

34
Q
  • The parking lot
  • Reception and arrangement rooms and other common areas
  • Insurance
  • Staff salaries
  • Taxes
  • Fees that you must pay
A

Overhead From Various Aspects of Your Business Operation (included in basic services)

35
Q
  • Instead of including all overhead in your basic services fee, you can spread the overhead charges across various individual goods and services you offer.
  • As a third alternative, you can combine the first too approaches: Spread some portion of the overhead charges across the individual items, while including the remainder of such charges in your basic services fee.
A

Alternative Ways to Charge Overhead

36
Q

Should any charges for this by your funeral home in the basic services fee. However, you can list a separate charge for this if:

  1. A significant percentage of your customers do not use the funeraly home to hold the remains at any point.
  2. You recieve a request to hold the remains for an unusually long period of time.
A

Ordinary Sheltering of Remains

37
Q

The fee must include any charges for overhead that have not been allocated to the other goods and services.

A

If the Basic Services Fee is Non-Declinable

38
Q

You may list a separate price for the basic services of funeral director and staff, together with a list of the principal services provided for the price and for the required disclosures. If consumers cannot decline this fee, you should include in this separate price all charges for “unallocated overhead.”

A

Option 1: Listing Basic Services Fee

39
Q

All overhead not distributed among the other items listed on the GPL.

A

Unallocated Overhead

40
Q

Instead of charging a separate basic services fee, you may include the fee in your casket prices. With this alternative, you must include the appropriate disclosure on the GPL, together with the prices for the individual caskets or with the casket price range (if you have a separate Casket Price List). This fee also must include all charges for the recovery of unallocated overhead. As the disclosure indicates, you must specify the amount of the basic services fee that is included in the price of the caskets. If the customer provides a casket obtained elsewhere, the same basic services fee must be added to the total cost of the arrangements selected.

A

Option 2: Listing Your Basic Services Fee

41
Q

The Rule expressly states that the basic services fee is the only ____ ____ fee allowed for service facilities, or unallocated overhead, unless state or local law requires otherwise.

A

Non-Declinable

42
Q

Other than the basic services fee, you cannot charge any ___ ___ for overhead.

A

Separate Fee

43
Q

You cannot list fees for _____ ____ of the funeral director and staff, if those fees should be included in the basic services fee or one fo the other items required to be listed on the GPL.

A

Additional Services

44
Q
  • Transfer of remains to funeral home
  • Embalming
  • Other preparation of the body
  • Use of facilities and staff for viewing
  • Use of facilities and staff for funeral ceremony
  • Use of facilities and staff for memorial services
  • Use of equipment and staff for graveside service
  • Hearse
  • Limousine
  • Casket prices
  • Outer burial container prices
A

Items to be Listed Separately with the Respective Prices.

The charge for each item should include all service fees and any equipment or facility charges for providing that particular good or service. (You will not, however, include any portion of the “basic services fee” in any of these items.)

45
Q

You can choose any pricing method, such as a flat fee, an hourly charge, or a mileage charge. For example, you can charge a flat fee with or without an additional mileage charge for distances beyond a certain specified radius.

A

Transfer of Remains to Funeral Home

46
Q

Your price for embalming should include use of the preparation room, as well as professional services, equipment, and materials involved in performing emblalming. In addition, you must tell customers that the law does not require embalming.

A

Embalming

47
Q

This charge should include such services as cosmetic work to prepare the deceased for viewing. Under this category, you can also show a price for washing and disinfecting when that procedure is used instead of embalming.

A

Other Preparation of the Body

48
Q

You may charge a flat fee or an hourly fee for the use of your facilities for viewing. Your price for a viewing should include charges for both the services of staff and the facilities used in connection with a viewing. You should not list two separate charges relating to a viewing, such as one for the facilities and another for the staff services. However, if you provide staff services for viewing held at another facility, such as a church or a home, you should list a separate fee for such services. (In this situation, a facilities charge would not be appropriate because your own facilities are not being used.)

A

Use of Facilities and Staff for Viewing

49
Q

The charge for a funeral ceremony, that is, a commemorative service with the body present, at the funeral home should include both the use of facilities and the necessary staff services. You should not list two separate charges relating to a funeral ceremony, such as one for facilities and another for the staff services. However, if you provide staff services for a funeral ceremony at another facility, such as a church, you should list a separate fee for such services.

A

Use of Facilities and Staff for Funeral Ceremony

50
Q

This is a charge for a commemorative service without the body present. The charge should include both the use of facilities and the staff services. You should not list two separate charges relating to a memorial service, one for the use of facilities and another for the staff services. However, if you provide staff services for a memorial service at another facility, such as a church, you should list a separate fee for such services.

A

Use of Facilities and Staff for Memorial Service

51
Q

Your charge for this service should include both staff services and any equipment you may provide (such as tent and chairs). You should not list two separate charges relating to a graveside service, one for equipment and another for staff services. If your charge for a funeral ceremony norally includes a committal service at the grave following the funeral, you can continue this practice, or you may offer a separate charge for a committal service following a funeral ceremony. The separate charge for a graveside service is intended for those situations where there is no funeral ceremony at the funeral home or elsewhere.

A

Use of Equipment and Staff for Graveside Service

52
Q

You can use any pricing method for the use of a hearse, such as a flat fee, an hourly charge, or a mileage charge. For example, you can charge a flat fee with or without an additional mileage charge for distances beyond a certain specified radius.

A

Hearse

53
Q

You can use any pricing method for teh use of a limousine, such as a flat fee, an hourly charge, or a mileage charge. For example, you can charge a flat fee with or without an additional mileage charge for distances beyond a certian specified radius.

A

Limousine

54
Q

You can list casket prices in either of two ways:

  1. You can list a casket price range, with the disclosure about the availability of the Casket Price List.
  2. You can list the prices of individual caskets on your General Price List.
A

Casket Prices

55
Q

As with casket prices, you can list outer burial container prices in either of two ways:

  1. You can list an outer burial container price range, with the relevant disclosure about the Outer Burial Container Price List.
  2. You can list the prices of individual containers on your General Price List.
A

Outer Burial Container Prices