| Under the Funeral Rule, a funeral provider may charge a fee for embalming only in one of the following three circumstances:
(1) State or local law requires embalming under the particular circumstances regardless of any wishes the family might have. If this is the case, the funeral provider must note on the Statement of Funeral Goods and Services Selected that embalming was performed because of a legal requirement and briefly explain that requirement.
* Federal law does not require embalming under any circumstances.
(2) The funeral provider has obtained prior approval for embalming from a family member or other authorized person.
* The approval must be express and not implied. In order to obtain express approval to embalm, a funeral provider must: (a) specifically ask for and obtain a approval from a family member or other authorized person; and (b) not misrepresent when embalming is required.
* The Rule does not require the approval to be in writing. However, some states require written authorization to embalm.
* When an individual makes pre-need arrangements and gives express approval for embalming at that time, the funeral provider is not required to obtain any additional approval to embalm at the time of death.
* The Statement of Funeral Goods and Services Selected must explain the specific reason that a consumer has been charged a fee for embalming.
(3) All of the following apply:
* The funeral provider is unable to contact a family member or other authorized person after exercising due diligence and exhausting all known means, given the time constraints;
* The funeral provider has no reason to believe that the family does not want embalming performed; and
* After embalming the body, the funeral provider obtains subsequent approval. In seeking approval, the funeral provider must tell the family that if they select a funeral where embalming would be required (such as a funeral with formal viewing), the funeral provider will charge a fee, but that he will not charge a fee if they select a funeral where embalming would not be necessary (such as a direct cremation with a memorial service). Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |