Funeral Rule
Encyclopedia
The Federal Trade Commission
, established in 1914 under president Woodrow Wilson as a government agency to investigate and eliminate unfair and deceptive practices in business, enacted the Funeral Rule on April 30, 1984, and amended it effective 1994. The Funeral Rule 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 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.
- Definition of a General Price List 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 casket
s must be provided before viewing any casket
s 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 Funeral
s
The Funeral Rule provides a general explanation of the various types of funeral
s that consumers have the right to choose.
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 home
s that offer cremation
must offer consumers containers other than casket
s.
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.
s 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
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 home
s 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 home
s 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 home
s must disclose whether any refunds, rebates or discounts apply to any cash advance
item.
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
s 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 home
s 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
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 casket
s. 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 casket
s 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 casket
s 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 casket
s with these features will prevent decomposition of the remains forever, because that is not possible.
s 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 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
, many funeral home
s have casket
s for rent in lieu of purchasing a casket
.
in the grave to protect it from sinking into the ground.
There are two types of outer burial containers, a grave liner and a burial vault
. A graveliner 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.
site, The Funeral Rule advises consumers to considering the following:
- Location of the cemetery
and burial plot
- Religious requirements or affiliations
- Restrictions or charges associated with the outer burial container if purchased from a third-party
- Types of grave markers or monuments allowed by the cemetery
- Whether flowers or other remembrances may be placed on the grave
- Burial plot price
- Outer Burial Container requirements
- Charges for opening the grave
- Charges for closing the grave
- Perpetual charges for maintenance and grounds keeping, which are sometimes included, but not always
- If perpetual charges are not included, clarify the separate endowment care fee for maintenance and grounds keeping
- If cremated remains are housed at a cemetery
, clarify mausoleum
or columbarium
fees
- Opening mausoleum
or columbarium
fees
- Closing mausoleum
or columbarium
fees
- Perpetual endowment charges for maintenance or other services of the mausoleum
or columbarium
The Funeral Rule does not apply to cemeteries and mausoleum
s unless they offer both funeral goods and services.
in a national cemetery and a grave marker. This benefit is also extended to some civilians who provided military related services and some Public Health service providers. Additionally, this benefit includes the veteran's spouse and dependent children who also may receive a free burial
in a national cemetery and a grave marker. Cemeteries are prohibited from charging the family for opening or closing fees, charging for an outer burial container or the grave marker setting in a national cemetery, however, families are responsible for the remaining expenses.
Many states have established state veteran cemeteries, but this varies state by state and the specific state should be contacted for more information.
The Funeral Rule advises that consumers should be cautious when considering commercial cemeteries offering “veterans specials”. The Funeral Rule advises that the savings offered are usually recaptured through charging inflated fees for an adjoining spouse plot
and/or high opening and closing fees.
does not advocate purchasing pre-need contracts. The Funeral Rule states that all guidelines and rules set forth must be complied with at the time pre-need funeral arrangements are discussed, at the time of contract purchase and at the time of the actual funeral
. The Funeral Rule does not cover the language and parameters of the actual pre-need contract, nor does The Funeral Rule set forth guidelines on things such as payment options, costs or ability to modify, transfer or cancel the contract, or administrative fees. If the survivors of the deceased pre-need contract holder inquire about funeral goods or services, alter the pre-need funeral arrangements or are required to pay additional sums of money, all relevant price lists and disclosures must be provided in writing, either printed or typewritten, by the funeral home
in a format for them to keep. The survivors must also be provided, in writing, an itemized statement and
final cost.
Individuals or organizations selling pre-need contracts on behalf of, or acting as an agent of, one or more funeral home
s, but who themselves do not sell funeral goods or services, must comply with The Funeral Rule.
The Funeral Rule does not apply to pre-need funeral arrangements or pre-need contracts purchased before The Funeral Rule went into effect in 1984. However, if a pre-need contract purchased before 1984 is modified after 1984, the modification triggers all of The Funeral Rule's requirements.
Since the actual pre-need contract purchased is not subject to The Funeral Rule, the Federal Trade Commission
advocates that consumers who purchase a pre-need contract consider the following:
- Understand if funeral goods or services, or both, have been purchased.
- Where are the pre-paid funds held? Rules governing the custody of pre-paid funds vary state by state.
- Pre-paid funeral arrangements are not covered by federal law and state law varies state by state.
- Who benefits from the interest income if the pre-paid funds earn interest?
- What protections are in place for the consumer in the event that the funeral home
holding the pre-need contract goes out of business or is purchased by a national funeral home
chain or is merged into another funeral home
.
- The specific cancellation or revision policy, including the refund policy.
- Transferability of the pre-need contract to another funeral home
and the associated expenses.
- Up-front and on-going administrative or other fees paid to the funeral home
.
A Pre-Need Funeral Contract is not, and should not be confused with a Pre-Need Funeral Plan, also known as a Funeral Plan.
1. Embalming
The Funeral Rule prohibits funeral home
s from telling consumes that state or local law requires embalming
if that is not true. If state law does require embalming
, the funeral home
may tell the family that embalming
is required to the specific circumstances.
Funeral home
s must disclose in writing on the GPL that embalming
is not required by law except in special circumstances, and must include the following disclosure language:
“Except in certain special cases, embalming
is not required by law. Embalming
may be necessary, however, if you select certain funeral arrangements, such as a funeral with a viewing. If you do not want embalming
, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.”
If state or local law does not require embalming
under any circumstances, The Funeral Rule allows for the phrase “except in certain special cases” to be omitted. This disclosure should be placed directly next to the price for embalming
.
If a family member wants to briefly view the deceased by lifting the lid of the casket
prior to an immediate burial, The Funeral Rule prohibits the funeral home
from charging the family for preparation of the body if embalming
is declined. The request to see the deceased does not constitute a formal viewing or visitation.
2. Casket
for Direct Cremation
The Funeral Rule prohibits funeral home
s from telling consumers that state or local law requires the purchase of a casket
for direct cremation, or for any other reason. If direct cremation is offered, The Funeral Rule dictates that an alternative container be available and that consumers be informed that such alternative container is available. This must be disclosed in writing on the GPL with the following language:
“If you want to arrange 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)”.
This disclosure should be placed directly next to the price range for direct cremation. If direct cremation is not offered, this disclosure may be omitted.
3. Outer Burial Container
The Funeral Rule prohibits funeral home
s from telling consumers that state or local law requires them to buy an outer burial container, if that is not true. Consumers must also be told that state law does not require them to purchase an outer burial container.
Prices for outer burial containers may be included on the GPL or on a separate Outer Burial Container Price List. If included on the GPL, the following disclosure must be included and placed directly next t the outer burial container prices:
“In most areas of the country, state 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 a separate Outer Burial Container Price List is used, the GPL must state the range of prices for the outer burial containers sold by the funeral home
, along with the following disclosure:
“A complete price list will be provided at the funeral home
”.
4. Legal and Cemetery
Requirements
The Funeral Rule states that funeral home
s cannot tell consumers that any federal, state, or local law or a particular cemetery
or crematory
requires them to buy a particular good or service, if that is not true. If a consumer is told that a particular good or service must be purchased because of any legal, cemetery
or crematory
requirement, the applicable requirement must be identified and described on the Statement of Funeral Goods and Services Selected.
5. Preservative and Protective Value Claims
The Funeral Rule prohibits any representations to consumers that funeral goods or services will delay the natural decomposition of human remains for a long term or an indefinite time.
The Funeral Rule prohibits representation that funeral goods such as casket
s or outer burial containers have protective features or will protect the body from gravesite substances because that is not true.
All warranty information must be provided to the family and it must be clarified by the funeral home
that the claims made in the warranty are made by the manufacturer and not by the funeral home
.
6. Cash Advance Items
If a funeral home
charges a mark-up on cash advance
items or receives a commission, discount or rebate that is not passed along to the consumer, the funeral home
is prohibited from stating that the price charged for the cash advance item is the same as the actual cost. If a funeral home
charges a mark-up, or receives a rebate, commission, or trade or volume discount, it must be disclosed to the consumer in writing on the Statement of Funeral Goods and Services Selected, with each cash advance
item listed separately, with the following disclosure:
“We charge you for our services in obtaining: (specify cash advance
items)”.
The Funeral Rule does not prevent the funeral home
from charging a mark-up on cash advance items, nor does it require the funeral home
to disclose the amount of the charge, rebate, commission or discount.
Act prohibits deceptive acts or practices.
A complete copy of The Funeral Rule can be accessed at www.FTC
.gov or by calling 1-877-FTC
-HELP (1-877-382-4357), TTY 1-866-653-4261.
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
, established in 1914 under president Woodrow Wilson as a government agency to investigate and eliminate unfair and deceptive practices in business, enacted the Funeral Rule on April 30, 1984, and amended it effective 1994. The Funeral Rule 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 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.
The Funeral Rule Overview
The Funeral Rule defines and provides parameters in the following key subject areas:- Definition of a General Price List GPL
- Specific disclosures must be provided in writing to the consumer regarding embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
, 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
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
, casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
for direct cremation, outer burial container, legal and cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
requirements, preservative and protective vault claims, cash advance
Cash advance
A cash advance is a service provided by most credit card and charge card issuers. The service allows cardholders to withdraw cash, either through an ATM or over the counter at a bank or other financial agency, up to a certain limit...
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
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
may not refuse or charge a fee to handle a casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
that is purchased from a third-party provider
- A funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
that also offers cremation
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
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
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
may not claim that state or local law require a casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
for direct cremation
- A written description and price list of all casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s must be provided before viewing any casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s 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
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
service
- Written details, including associated expenses, regarding transportation to the cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
- A funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
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
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
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 Funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
s
The Funeral Rule provides a general explanation of the various types of funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
s that consumers have the right to choose.
Types of Funerals
“Traditional”, full-service funeralFuneral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
The Funeral Rule describes a traditional, full-service funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
as including a viewing or visitation of the deceased, usually held in the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
, a formal funeral service, transportation of the deceased to the cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
(hearse), the burial
Burial
Burial is the act of placing a person or object into the ground. This is accomplished by excavating a pit or trench, placing an object in it, and covering it over.-History:...
, entombment or cremation
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
in addition to the funeral director's basic service fee.
Extra costs not included in the aforementioned arrangements include embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
and the dressing of the body, the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
's basic service fee, funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
rental for the viewing or service, use of vehicles (limousine) to transport the family or pallbearers, the casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
or urn
Urn
An urn is a vase, ordinarily covered, that usually has a narrowed neck above a footed pedestal. "Knife urns" placed on pedestals flanking a dining-room sideboard were an English innovation for high-style dining rooms of the late 1760s...
, the cemetery plot or crypt
Crypt
In architecture, a crypt is a stone chamber or vault beneath the floor of a burial vault possibly containing sarcophagi, coffins or relics....
, flowers, obituary notice, and others.
Immediate Burial
The Funeral Rule describes immediate burial as a burial
Burial
Burial is the act of placing a person or object into the ground. This is accomplished by excavating a pit or trench, placing an object in it, and covering it over.-History:...
that occurs shortly after death with no viewing or visitation and is usually in a simple container or casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
. There is generally no viewing or visitation, so embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
is not necessary or required. A memorial
Memorial
A memorial is an object which serves as a focus for memory of something, usually a person or an event. Popular forms of memorials include landmark objects or art objects such as sculptures, statues or fountains, and even entire parks....
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
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
or burial container and the cemetery plot or crypt
Crypt
In architecture, a crypt is a stone chamber or vault beneath the floor of a burial vault possibly containing sarcophagi, coffins or relics....
. If the family selects a burial site service, extra charges will be added.
Direct Cremation
The Funeral Rule described direct cremation as cremation
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
that occurs shortly after death with no viewing or visitation and embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
is not necessary or required. A memorial
Memorial
A memorial is an object which serves as a focus for memory of something, usually a person or an event. Popular forms of memorials include landmark objects or art objects such as sculptures, statues or fountains, and even entire parks....
may be held with or without the remains. The remains may be kept in the home, buried, placed in a crypt
Crypt
In architecture, a crypt is a stone chamber or vault beneath the floor of a burial vault possibly containing sarcophagi, coffins or relics....
or niche
Niche (architecture)
A niche in classical architecture is an exedra or an apse that has been reduced in size, retaining the half-dome heading usual for an apse. Nero's Domus Aurea was the first semi-private dwelling that possessed rooms that were given richly varied floor plans, shaped with niches and exedras;...
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
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
fee may be included if the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
provides crematory
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
services, the cost of an urn
Urn
An urn is a vase, ordinarily covered, that usually has a narrowed neck above a footed pedestal. "Knife urns" placed on pedestals flanking a dining-room sideboard were an English innovation for high-style dining rooms of the late 1760s...
or other container and the cemetery plot or crypt
Crypt
In architecture, a crypt is a stone chamber or vault beneath the floor of a burial vault possibly containing sarcophagi, coffins or relics....
if the remains are buried or entombed. If the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
does not provide crematory
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
services, a third-party crematory
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
service fee will also be added on The Funeral Rule establishes that all funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s that offer cremation
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
must offer consumers containers other than casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s.
Viewing or Visitation
U.S. persons, under The Funeral Rule, are not required to use a funeral homeFuneral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
to conduct the viewing or visitation or funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
, however, there are many details and legal requirements, so it is a commonly accepted practice to use one.
Basic Service Fee
The Funeral Rule allows for funeral homeFuneral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s to charge a basic service fee. Consumers who select to work with a particular funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
cannot decline to pay this fee, which includes fees for services common to all funerals, such as:
- Planning and arranging the actual funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
, such as determining the viewing or visitation dates and times
- Securing the applicable permits and copies of the death certificate
Death certificate
The phrase death certificate can describe either a document issued by a medical practitioner certifying the deceased state of a person or popularly to a document issued by a person such as a registrar of vital statistics that declares the date, location and cause of a person's death as later...
- 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
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
, crematory
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
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 advanceCash advance
A cash advance is a service provided by most credit card and charge card issuers. The service allows cardholders to withdraw cash, either through an ATM or over the counter at a bank or other financial agency, up to a certain limit...
items. Some examples of optional goods or services include:
- Transportation of the remains
- embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
or other preparation
- Use of the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
and staff for viewing or visitation
- The funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
or memorial
Memorial
A memorial is an object which serves as a focus for memory of something, usually a person or an event. Popular forms of memorials include landmark objects or art objects such as sculptures, statues or fountains, and even entire parks....
ceremony
- Use of the hearse for transportation to the cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
- Limousine for family or pallbearers
- casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
or urn
Urn
An urn is a vase, ordinarily covered, that usually has a narrowed neck above a footed pedestal. "Knife urns" placed on pedestals flanking a dining-room sideboard were an English innovation for high-style dining rooms of the late 1760s...
- Outer burial container, if required by the cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
- Alternate burial container
- cremation
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
or inurnment
A cash advance
Cash advance
A cash advance is a service provided by most credit card and charge card issuers. The service allows cardholders to withdraw cash, either through an ATM or over the counter at a bank or other financial agency, up to a certain limit...
is used for any goods or services that the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
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
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
whether there is a premium charged for cash advance
Cash advance
A cash advance is a service provided by most credit card and charge card issuers. The service allows cardholders to withdraw cash, either through an ATM or over the counter at a bank or other financial agency, up to a certain limit...
items. Some funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s 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 home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s 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 home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s must disclose whether any refunds, rebates or discounts apply to any cash advance
Cash advance
A cash advance is a service provided by most credit card and charge card issuers. The service allows cardholders to withdraw cash, either through an ATM or over the counter at a bank or other financial agency, up to a certain limit...
item.
Itemized Statement
The Funeral Rule directs that the funeral homeFuneral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
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
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
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
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
or cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
requirements on any goods or service purchased
Embalming
Many funeral homeFuneral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s require embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
if a viewing or visitation is planned, however, there is no federal or state law that dictates that embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
is required and a funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
is prohibited from stating that any such law exists.
The Funeral Rule established the following embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
guidelines:
- Embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
cannot be done without specific permission from the customer
- Funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s may not claim that embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
is a legal requirement, except in certain special circumstances, and provide written disclosure of such
- Customers may not be charged for embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
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
Disposition
A disposition is 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 but not currently being considered, and in the latter case, to a belief that is...
that does not require embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
, such as direct cremation or immediate burial, which do not require embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
- Written disclosure must be made if a funeral arrangement, such a viewing or visitation, may require embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
as a practical necessity and therefore, a required purchase
Caskets
CasketCasket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s are typically metal, wood, fiberglass, fiberboard or plastic. The Funeral Rule states that customers must be provided a written description of each casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
offered and the associated Casket Price List before viewing of any physical casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s. The Funeral Rule also mandates that a funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
must accept any third-party purchased casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
for the funeral and may not charge any fees for acceptance.
Some casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s include features such as “gasketed”, “protective” or includes a “sealer”. These terms generally mean the casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
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 casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s come with warranties, but the warranty is for the durability of the casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
, not for protection from eventual decomposition of the remains. Under The Funeral Rule, no person selling any casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
may claim that casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s with these features will prevent decomposition of the remains forever, because that is not possible.
Cremation
According to The Funeral Rule, funeral homeFuneral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s and any crematory
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
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
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
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
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
, many funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s have casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s for rent in lieu of purchasing a casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
.
Outer Burial Container
Outer burial containers are not required by law but are required by many cemeteries. The outer burial container surrounds the casketCasket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
in the grave to protect it from sinking into the ground.
There are two types of outer burial containers, a grave liner and a burial vault
Burial vault
Burial vault may refer to:*Burial vault , protective coffin enclosure*Burial vault , underground tomb...
. A graveliner is generally made from reinforced concrete that satisfies any cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
requirement and covers the top and sides of the casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
. A burial vault
Burial vault
Burial vault may refer to:*Burial vault , protective coffin enclosure*Burial vault , underground tomb...
is more substantial and expensive and surrounds the entire casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
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
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
cannot claim either in writing or verbally that any process or product will preserve the remains indefinitely.
Cemetery Sites
When selecting a cemeteryCemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
site, The Funeral Rule advises consumers to considering the following:
- Location of the cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
and burial plot
- Religious requirements or affiliations
- Restrictions or charges associated with the outer burial container if purchased from a third-party
- Types of grave markers or monuments allowed by the cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
- Whether flowers or other remembrances may be placed on the grave
- Burial plot price
- Outer Burial Container requirements
- Charges for opening the grave
- Charges for closing the grave
- Perpetual charges for maintenance and grounds keeping, which are sometimes included, but not always
- If perpetual charges are not included, clarify the separate endowment care fee for maintenance and grounds keeping
- If cremated remains are housed at a cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
, clarify mausoleum
Mausoleum
A mausoleum is an external free-standing building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons. A monument without the interment is a cenotaph. A mausoleum may be considered a type of tomb or the tomb may be considered to be within the...
or columbarium
Columbarium
A columbarium is a place for the respectful and usually public storage of cinerary urns . The term comes from the Latin columba and originally referred to compartmentalized housing for doves and pigeons .The Columbarium of Pomponius Hylas is a particularly fine ancient Roman example, rich in...
fees
- Opening mausoleum
Mausoleum
A mausoleum is an external free-standing building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons. A monument without the interment is a cenotaph. A mausoleum may be considered a type of tomb or the tomb may be considered to be within the...
or columbarium
Columbarium
A columbarium is a place for the respectful and usually public storage of cinerary urns . The term comes from the Latin columba and originally referred to compartmentalized housing for doves and pigeons .The Columbarium of Pomponius Hylas is a particularly fine ancient Roman example, rich in...
fees
- Closing mausoleum
Mausoleum
A mausoleum is an external free-standing building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons. A monument without the interment is a cenotaph. A mausoleum may be considered a type of tomb or the tomb may be considered to be within the...
or columbarium
Columbarium
A columbarium is a place for the respectful and usually public storage of cinerary urns . The term comes from the Latin columba and originally referred to compartmentalized housing for doves and pigeons .The Columbarium of Pomponius Hylas is a particularly fine ancient Roman example, rich in...
fees
- Perpetual endowment charges for maintenance or other services of the mausoleum
Mausoleum
A mausoleum is an external free-standing building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons. A monument without the interment is a cenotaph. A mausoleum may be considered a type of tomb or the tomb may be considered to be within the...
or columbarium
Columbarium
A columbarium is a place for the respectful and usually public storage of cinerary urns . The term comes from the Latin columba and originally referred to compartmentalized housing for doves and pigeons .The Columbarium of Pomponius Hylas is a particularly fine ancient Roman example, rich in...
The Funeral Rule does not apply to cemeteries and mausoleum
Mausoleum
A mausoleum is an external free-standing building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons. A monument without the interment is a cenotaph. A mausoleum may be considered a type of tomb or the tomb may be considered to be within the...
s unless they offer both funeral goods and services.
U.S. Veteran Cemeteries
In the U.S., all veterans are entitled to a free burialBurial
Burial is the act of placing a person or object into the ground. This is accomplished by excavating a pit or trench, placing an object in it, and covering it over.-History:...
in a national cemetery and a grave marker. This benefit is also extended to some civilians who provided military related services and some Public Health service providers. Additionally, this benefit includes the veteran's spouse and dependent children who also may receive a free burial
Burial
Burial is the act of placing a person or object into the ground. This is accomplished by excavating a pit or trench, placing an object in it, and covering it over.-History:...
in a national cemetery and a grave marker. Cemeteries are prohibited from charging the family for opening or closing fees, charging for an outer burial container or the grave marker setting in a national cemetery, however, families are responsible for the remaining expenses.
Many states have established state veteran cemeteries, but this varies state by state and the specific state should be contacted for more information.
The Funeral Rule advises that consumers should be cautious when considering commercial cemeteries offering “veterans specials”. The Funeral Rule advises that the savings offered are usually recaptured through charging inflated fees for an adjoining spouse plot
Plot
Plot is a literary term defined as the events that make up a story, particularly as they relate to one another in a pattern, in a sequence, through cause and effect, or by coincidence. One is generally interested in how well this pattern of events accomplishes some artistic or emotional effect...
and/or high opening and closing fees.
Pre-Need Contracts
With the exception of a cemetery plot if you are certain of where you want to be buried or entombed, the Federal Trade CommissionFederal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
does not advocate purchasing pre-need contracts. The Funeral Rule states that all guidelines and rules set forth must be complied with at the time pre-need funeral arrangements are discussed, at the time of contract purchase and at the time of the actual funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
. The Funeral Rule does not cover the language and parameters of the actual pre-need contract, nor does The Funeral Rule set forth guidelines on things such as payment options, costs or ability to modify, transfer or cancel the contract, or administrative fees. If the survivors of the deceased pre-need contract holder inquire about funeral goods or services, alter the pre-need funeral arrangements or are required to pay additional sums of money, all relevant price lists and disclosures must be provided in writing, either printed or typewritten, by the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
in a format for them to keep. The survivors must also be provided, in writing, an itemized statement and
final cost.
Individuals or organizations selling pre-need contracts on behalf of, or acting as an agent of, one or more funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s, but who themselves do not sell funeral goods or services, must comply with The Funeral Rule.
The Funeral Rule does not apply to pre-need funeral arrangements or pre-need contracts purchased before The Funeral Rule went into effect in 1984. However, if a pre-need contract purchased before 1984 is modified after 1984, the modification triggers all of The Funeral Rule's requirements.
Since the actual pre-need contract purchased is not subject to The Funeral Rule, the Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
advocates that consumers who purchase a pre-need contract consider the following:
- Understand if funeral goods or services, or both, have been purchased.
- Where are the pre-paid funds held? Rules governing the custody of pre-paid funds vary state by state.
- Pre-paid funeral arrangements are not covered by federal law and state law varies state by state.
- Who benefits from the interest income if the pre-paid funds earn interest?
- What protections are in place for the consumer in the event that the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
holding the pre-need contract goes out of business or is purchased by a national funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
chain or is merged into another funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
.
- The specific cancellation or revision policy, including the refund policy.
- Transferability of the pre-need contract to another funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
and the associated expenses.
- Up-front and on-going administrative or other fees paid to the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
.
A Pre-Need Funeral Contract is not, and should not be confused with a Pre-Need Funeral Plan, also known as a Funeral Plan.
Specific Prohibited Misrepresentations
The Funeral Rule prohibits specific misrepresentations in six areas.1. Embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
The Funeral Rule prohibits funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s from telling consumes that state or local law requires embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
if that is not true. If state law does require embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
, the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
may tell the family that embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
is required to the specific circumstances.
Funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s must disclose in writing on the GPL that embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
is not required by law except in special circumstances, and must include the following disclosure language:
“Except in certain special cases, embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
is not required by law. Embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
may be necessary, however, if you select certain funeral arrangements, such as a funeral with a viewing. If you do not want embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.”
If state or local law does not require embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
under any circumstances, The Funeral Rule allows for the phrase “except in certain special cases” to be omitted. This disclosure should be placed directly next to the price for embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
.
If a family member wants to briefly view the deceased by lifting the lid of the casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
prior to an immediate burial, The Funeral Rule prohibits the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
from charging the family for preparation of the body if embalming
Embalming
Embalming, in most modern cultures, is the art and science of temporarily preserving human remains to forestall decomposition and to make them suitable for public display at a funeral. The three goals of embalming are thus sanitization, presentation and preservation of a corpse to achieve this...
is declined. The request to see the deceased does not constitute a formal viewing or visitation.
2. Casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
for Direct Cremation
The Funeral Rule prohibits funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s from telling consumers that state or local law requires the purchase of a casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
for direct cremation, or for any other reason. If direct cremation is offered, The Funeral Rule dictates that an alternative container be available and that consumers be informed that such alternative container is available. This must be disclosed in writing on the GPL with the following language:
“If you want to arrange 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)”.
This disclosure should be placed directly next to the price range for direct cremation. If direct cremation is not offered, this disclosure may be omitted.
3. Outer Burial Container
The Funeral Rule prohibits funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s from telling consumers that state or local law requires them to buy an outer burial container, if that is not true. Consumers must also be told that state law does not require them to purchase an outer burial container.
Prices for outer burial containers may be included on the GPL or on a separate Outer Burial Container Price List. If included on the GPL, the following disclosure must be included and placed directly next t the outer burial container prices:
“In most areas of the country, state or local law does not require that you buy a container to surround the casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
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
Burial vault
Burial vault may refer to:*Burial vault , protective coffin enclosure*Burial vault , underground tomb...
will satisfy these requirements”.
If a separate Outer Burial Container Price List is used, the GPL must state the range of prices for the outer burial containers sold by the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
, along with the following disclosure:
“A complete price list will be provided at the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
”.
4. Legal and Cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
Requirements
The Funeral Rule states that funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
s cannot tell consumers that any federal, state, or local law or a particular cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
or crematory
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
requires them to buy a particular good or service, if that is not true. If a consumer is told that a particular good or service must be purchased because of any legal, cemetery
Cemetery
A cemetery is a place in which dead bodies and cremated remains are buried. The term "cemetery" implies that the land is specifically designated as a burying ground. Cemeteries in the Western world are where the final ceremonies of death are observed...
or crematory
Crematory
A crematory is a machine in which cremation takes place. Crematories are usually found in funeral homes, cemeteries, or in stand-alone facilities. A facility which houses the actual cremator units is referred to as a crematorium.-History:Prior to the Industrial Revolution, any cremation which took...
requirement, the applicable requirement must be identified and described on the Statement of Funeral Goods and Services Selected.
5. Preservative and Protective Value Claims
The Funeral Rule prohibits any representations to consumers that funeral goods or services will delay the natural decomposition of human remains for a long term or an indefinite time.
The Funeral Rule prohibits representation that funeral goods such as casket
Casket
A casket, or jewelry box is a term for a container that is usually larger than a box, and smaller than a chest, and in the past was typically decorated...
s or outer burial containers have protective features or will protect the body from gravesite substances because that is not true.
All warranty information must be provided to the family and it must be clarified by the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
that the claims made in the warranty are made by the manufacturer and not by the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
.
6. Cash Advance Items
If a funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
charges a mark-up on cash advance
Cash advance
A cash advance is a service provided by most credit card and charge card issuers. The service allows cardholders to withdraw cash, either through an ATM or over the counter at a bank or other financial agency, up to a certain limit...
items or receives a commission, discount or rebate that is not passed along to the consumer, the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
is prohibited from stating that the price charged for the cash advance item is the same as the actual cost. If a funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
charges a mark-up, or receives a rebate, commission, or trade or volume discount, it must be disclosed to the consumer in writing on the Statement of Funeral Goods and Services Selected, with each cash advance
Cash advance
A cash advance is a service provided by most credit card and charge card issuers. The service allows cardholders to withdraw cash, either through an ATM or over the counter at a bank or other financial agency, up to a certain limit...
item listed separately, with the following disclosure:
“We charge you for our services in obtaining: (specify cash advance
Cash advance
A cash advance is a service provided by most credit card and charge card issuers. The service allows cardholders to withdraw cash, either through an ATM or over the counter at a bank or other financial agency, up to a certain limit...
items)”.
The Funeral Rule does not prevent the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
from charging a mark-up on cash advance items, nor does it require the funeral home
Funeral home
A funeral home, funeral parlor or mortuary, is a business that provides burial and funeral services for the deceased and their families. These services may include aprepared wake and funeral, and the provision of a chapel for the funeral....
to disclose the amount of the charge, rebate, commission or discount.
Other Misrepresentations
Other kinds of misrepresentations, though not specifically prohibited by The Funeral Rule, are illegal. The Federal Trade CommissionFederal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
Act prohibits deceptive acts or practices.
Problem Solving Guidelines
The Funeral Rule also provides a set of problem solving guidelines for consumers.A complete copy of The Funeral Rule can be accessed at www.FTC
FTC
FTC may refer to:- Organizations :* Federal Trade Commission, a US agency for consumer protection* Ferencvárosi TC, a Hungarian sports club* Financial Training Center Limited, a training institution in Tanzania...
.gov or by calling 1-877-FTC
FTC
FTC may refer to:- Organizations :* Federal Trade Commission, a US agency for consumer protection* Ferencvárosi TC, a Hungarian sports club* Financial Training Center Limited, a training institution in Tanzania...
-HELP (1-877-382-4357), TTY 1-866-653-4261.