Basic HTML Version
Page A10
JULY 2014
FUNERAL HOME & CEMETERY NEWS
S ec t i on A
Further Personalize Thumbie
Charms with Overlays.
We all want to belong. Beyond family,
many people actively participate in
religious and social groups. Our
involvement is part of our identity.
Now Meadow Hill creates keepsakes
that reflect our closest affiliations. The
Personal Expression Grand Charm
with polished overlays sits atop a full
fingerprint. This keepsake shows the
connection that you shared.
Offer Connections—Offer Thumbies
.
877.848.6243
By Atty. Harvey I. Lapin
Harvey I. Lapin, P.C., is a member of the Illinois Bar and Florida Bar. He
is a member of the faculty at the John Marshall Law School in Chicago
and is presently teaching the subject of Tax Exempt Organizations. He is
also associated with Florida-based law firm Sachs, Sax & Caplan, leading
the firm’s Funeral, Cemetery and Cremation Practice Group.
He has written numerous articles on the subject of taxation, funeral
and cemetery law.
The subject discussed in this article and future articles resulted from
the questions from readers. If you have any questions about the top-
ics covered in this column or in obtaining professional assistance, please
contact the author c/o Harvey I. Lapin, 2592 Chedworth Ct, Northbrook,
Illinois 60062. Phone (847)509-0501 or fax to (847)509-1027.
`The author wrote articles for the Cemetery and Funeral Business
and Legal Guide (“Guide”) that have been published by CB Legal
Publishing Corporation since 1970. The Editor of the Guide recent-
ly announced the suspension of this publication. However, CB Legal
Publishing Corporation also publishes the Release Form Kit, which was
prepared by the author and has been recently updated and revised by
the author. The publication of the Release Form Kit will be continued.
This Kit contains Release and Hold Harmless forms for Funeral Homes,
Cemeteries and Crematories to use in situations where it has resolved
a complaint with a customer, and wants to be sure that there will be
no further action by the customer or their relatives. The forms can
now be purchased in an electronic format. Anyone interested in pur-
chasing the forms can contact Cheryl Lapin, at the address of CB Legal
Publishing Corporation, 2592 Chedworth Ct, Northbrook, Illinois
60062. The author also continues to practice law and can be contact
by phone at 847-334-1983.
Legal
Speak
Avoiding the FTC Sting
Operations (Part 2)
The author discussed in Part 1 of this column that the
FTC Funeral Rule has been in effect since 1984 and that
all funeral providers should be aware of its requirements. It
was also mentioned that the FTC from time to time con-
ducts sting operations to check on funeral providers in vari-
ous areas of the country and the manner these undercover
operations are conducted was reviewed. Some of the ar-
eas for violations were also reviewed, including the prima-
ry one of failing to provide a consumer with a copy of the
General Price List immediately when they visit your facil-
ity.
A second primary area for a violation is if the GPL and
other forms required by the Funeral Rule are not in com-
pliance with the requirements. Another area for violations
that was mentioned was the failure to provide casket price
information in the proper format and at the appropriate
time.
Since there is a tremendous amount of information avail-
able from the FTC, industry associations and private sourc-
es about the requirements for these forms, there really is no
excuse for the failure to comply.
The author also reviewed the FTC’s procedures for no-
5. Remind your employees about the requirements on
a regular basis. Some funeral providers provide every
employee with a checklist that has to be filled out for
every customer and any inquiries. Also, advise them
to be wary of a shopper, because it is likely the shop-
per will be checking on compliance for the FTC or a
state agency that may also have jurisdiction.
There are consulting companies in the industry and lo-
cal, state and national associations that can provide assis-
tance, but in the final analysis it is up to each funeral pro-
vider to make sure their own business is in compliance.
tifying of a violation and the options that were provided to
avoid having the FTC file a lawsuit against an alleged violator
and attempting to impose a penalty of $16,000 for each vio-
lation, The major option is to participate in the FROP Pro-
gram sponsored by the NFDA, enter into a Consent Decree
with the FTC and pay a fine based on .8% of the funeral pro-
vider’s average gross sales for 3 years. Since none of these alter-
natives are particularly attractive, the best course of action for
any funeral provider to establish and maintain an FTC Rule
Training and Compliance program designed to avoid poten-
tial violations.
The author recommends that the following be implement-
ed:
1. Make sure that you have obtained the latest up to date
information about the requirements of the FTC Funer-
al Rule. The FTC.gov website has extensive information
available about the Funeral Rule, including a copy of the
Funeral Rule and Guidelines to follow. Most local, state
and national industry trade associations also have exten-
sive material available.
2. Check the requirements for the Forms and Disclosure
and review your own forms tomake sure they are in com-
pliance. Some of the industry trade associations provide a
review service to confirm that forms are in compliance or
you can consult professionals familiar with the industry
to provide assistance on preparation of the forms and de-
termining their compliance with current requirements.
Be careful not to borrow other funeral provider’s forms
as they may not be in compliance. Also, forms should be
reviewed on a regular basis at least annually.
3. Train and retrain your employees about the requirements
of the Funeral Rule. Again there are outside consultants
that can provide training programs and some of the lo-
cal, state and national industry associations can provide
information and assistance.
4. Monitor your employees to be sure they are carefully
complying with the requirements. Some of the author’s
clients have conducted their own sting operations and
discovered to their dismay that some employees became
lax in following the requirement.
What does Memorial Day Mean to You?
Allan Fuller Funeral Home takes
delivery of a New Cadillac
WILLS POINT,TX—
(Left to Right)
Al-
lan Fuller
,
Elree Griffin
and
Shane
Fuller
at the delivery of a new Cadillac
Eagle Echelon Hearse.
Allan Fuller and his wife,
Darlane
opened their funeral home in Wills
Point and have been serving families
since 1996. Their son, Shane Fuller
and daughter,
Tami Fuller Adams
are
employed as funeral directors with the
funeral home.
The hearse was purchased from Elree
Griffin, of
Miller & Sons Funeral Car
Sales
in Dallas, TX.
By Carol K. Giambalvo
HILLSIDE,IL—
Memorial Day is a day Amer-
icans of all ages, all nationalities, in many
unique ways, remember with gratitude and
thankfulness, the men and women who have
given their lives to protect the freedom we all
have here in America. It all began after the
Civil War. The first national celebration of
Decoration Day (as it was called then), took
place on May 30, 1868. At first, the holiday
was celebrated separately by the Union and
Confederate states. By the end of the centu-
ry, it became a national holiday, honoring all
veterans of all the wars fought by American
forces.
Throughout our country during Memo-
rial Day weekend, Americans will celebrate
the freedom to assemble, the freedom to wor-
ship, and the freedom to enjoy a 3-day holi-
day weekend with family and friends. In the
last century, Memorial Day grew into a day
to remember all those who have died. Fami-
lies go to the cemeteries where their deceased
are buried, to remember and honor their
loved ones. Catholic Cemeteries across our
nation celebrate the day with prayer services,
Masses, and tributes to all the men and wom-
en who have served in the military to pro-
tect our country. “Serving God and Coun-
try: A Memorial Day Salute to our Heroes”
was Catholic Cemetery Conference’s 2014
Memorial Day theme: the purpose is to hon-
or the U.S. Armed Forces, those who have
served in the past so well, those who gave
their lives for our freedoms, those who are
serving today, and those who will serve in the
future.
Memorial Day weekend is not the only
time we should give thanks to God for these
heroes – every day we should thank them for
the freedom of life we are so accustomed to
living. Each Memorial Day, please take time
to think of them, buy a poppy, support flag
programs and teach your children of their
sacrifice(s). Let us do our best to honor these
wonderful warriors, past and present, by liv-
ing our lives in a positive manner, honoring
and accepting each other and respecting the
laws of God and our country. Let these men
and women know they served for a greater
cause. Celebrate Memorial Day with joy and
fun, but also with reverence and hope. Bless
these men and women, dear Father, and keep
them safe. We ask this through your son, Je-
sus Christ.
What does Memorial Day mean to you?
What do you and your family do to celebrate
Memorial Day? Is it just another 3-day week-
end? Is it a celebration of the beginning of
summer? Or is it a special day, a special week-
end spent with family, remembering family
that have died?
Carol K. Giambalvo, M.A., CCCE, F.A.A.G.C. is
President of the Catholic Cemetery Conference, na-
tionally based in Hillside, Illinois. She is the Director of
Catholic Cemeteries for the Diocese of Rockford, Illinois.