Funeral Service Funeral Service Law & Ethics Questions and Answers — Questions and Answers
Question 1: A funeral home's only public entrance has three steps, making it inaccessible for individuals who use a wheelchair. According to the Americans with Disabilities Act (ADA), what is the funeral home's primary obligation?
- To direct individuals with mobility issues to a back entrance that is accessible.
- To provide 'readily achievable' barrier removal, such as installing a ramp or lift. (Correct answer)
- To offer to conduct all arrangement conferences at the family's home instead of the funeral home.
- To claim an 'undue burden' exemption due to the age and structure of the building.
Correct answer: To provide 'readily achievable' barrier removal, such as installing a ramp or lift.
The Americans with Disabilities Act (ADA) requires places of public accommodation, including funeral homes, to remove architectural barriers when it is 'readily achievable' to do so. This means the business must make changes that are easily accomplishable and can be carried out without much difficulty or expense. Installing a ramp is a common example of readily achievable barrier removal.
Question 2: Which of the following is a key requirement of the OSHA Formaldehyde Standard (29 CFR 1910.1048) for funeral homes?
- Mandatory use of a respirator by all employees in the building during an embalming.
- Disposal of all formaldehyde waste through a licensed biohazard company.
- Conducting periodic air monitoring to measure employee exposure levels. (Correct answer)
- Requiring all embalmers to have a specific formaldehyde handling certification.
Correct answer: Conducting periodic air monitoring to measure employee exposure levels.
The OSHA Formaldehyde Standard specifically requires employers, including funeral homes, to perform air monitoring to determine the levels of formaldehyde employees are exposed to. This monitoring includes measuring the time-weighted average (TWA) and short-term exposure limit (STEL). If levels exceed the action level, further protective measures are required.
Question 3: A client purchased a pre-need contract for funeral goods and services that was funded through a life insurance policy. Five years later, the client moves to another state. What is the most likely characteristic of this type of pre-need arrangement regarding portability?
- The contract is non-transferable and the funds will be forfeited if not used at the original funeral home.
- The funds can only be transferred to another funeral home owned by the same parent company.
- The client can typically reassign the funeral home as the beneficiary to a new provider in the new state. (Correct answer)
- The contract automatically converts to a non-guaranteed plan, losing its price protections upon moving.
Correct answer: The client can typically reassign the funeral home as the beneficiary to a new provider in the new state.
Pre-need plans funded with life insurance are generally the most portable. The consumer owns the policy, and the funeral home is named as the beneficiary. If the consumer moves, they can typically change the beneficiary assignment to a different funeral home in their new location, allowing the funds to follow them.
Question 4: A decedent passes away without a will or a pre-arranged funeral plan. The deceased is survived by an estranged spouse, two adult children from a previous marriage, and a domestic partner of ten years. According to the general hierarchy of the right of disposition in most states, who has the primary legal authority to make funeral arrangements?
- The domestic partner, due to the length and nature of the relationship.
- The two adult children, if they can reach a majority decision.
- The surviving spouse, regardless of the state of the marital relationship. (Correct answer)
- The state-appointed executor of the estate.
Correct answer: The surviving spouse, regardless of the state of the marital relationship.
In the absence of a written directive from the decedent, most state laws establish a clear hierarchy for the right of disposition. The surviving spouse is almost universally given the highest priority, followed by adult children, parents, and other relatives. The status of the marital relationship, such as estrangement, typically does not remove this legal right unless a legal separation or divorce has been finalized.
Question 5: A funeral home sells a family a pre-need contract for a casket. The funeral home purchases the specific casket and stores it in their warehouse, providing the family with a warehouse receipt as proof of ownership. From a legal standpoint regarding pre-need law, what is this practice known as and is it generally permissible for funeral merchandise?
- Actual Delivery; it is permissible as the family now owns the item.
- Constructive Delivery; it is generally prohibited for funeral merchandise. (Correct answer)
- Warehousing Trust; it is permissible as long as the item is insured.
- Future Goods Agreement; it is the standard method for pre-need sales.
Correct answer: Constructive Delivery; it is generally prohibited for funeral merchandise.
This practice is known as constructive delivery. However, for pre-need funeral goods, most state laws and regulations prohibit constructive delivery. The consumer's funds must be placed into a trust or insurance vehicle until the merchandise is actually, physically delivered at the time of death, not just stored on their behalf.
Question 6: Under the FTC Funeral Rule, which of the following practices is considered an illegal 'tying' arrangement?
- Requiring the purchase of a visitation package to use the chapel for a funeral ceremony.
- Requiring embalming for a public viewing with an open casket.
- Requiring the purchase of a casket from the funeral home as a condition for providing any funeral services. (Correct answer)
- Offering a discount on a memorial package if the urn is also purchased from the funeral home.
Correct answer: Requiring the purchase of a casket from the funeral home as a condition for providing any funeral services.
The FTC Funeral Rule prohibits funeral providers from conditioning the provision of any funeral goods or services upon the purchase of another good or service. Requiring a family to buy a casket from the funeral home to get any other services is a clear violation of this anti-tying provision. Consumers have the right to purchase goods and services separately.
Funeral Service Funeral Service Law & Ethics Questions and Answers
A funeral home's only public entrance has three steps, making it inaccessible for individuals who use a wheelchair.
According to the Americans with Disabilities Act (ADA), what is the funeral home's primary obligation?