Law Office of Mark A. Skelton

The Funeral Rule - Disclosures for Right of Selection & Embalming

Right of Selection Disclosure

The Funeral Rule requires a General Price List (GPL) to disclose that consumers have a right to select only the items that they want to buy, with the exception of a non-declinable basic services fee. The right of selection disclosure must read as follows:

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

The sentence in bold must be included if customers cannot decline the basic services fee, and the words "and overhead" may be included after the word "services" if the fee includes the recovery of overhead costs.

The right of selection disclosure should be placed immediately above the prices of the goods and services offered by the funeral provider.

Embalming Disclosure

The Rule requires the GPL to disclose that the law does not require embalming. The embalming disclosure must read as follows:

"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 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."

The phrase in bold may be omitted from the embalming disclosure if applicable state or local law does not require embalming under any circumstances. State law requirements may be added after the above disclosure.

The embalming disclosure should be placed in immediate conjunction with (directly next to) the price for embalming. The embalming disclosure may not be located on a separate page or anywhere else on the GPL apart from the embalming price.

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