Title: Section 79.4 - General price list

Effective Date

08/15/2018

79.4 General price list. A funeral firm shall present a printed or typewritten price list for retention to the individuals who inquire in person about funeral arrangements or the prices and availability of funeral services and merchandise offered. When individuals inquire in person about funeral arrangements or the prices of funeral services or merchandise, the funeral firm must offer them the list upon beginning discussion either of funeral arrangements or of the selection of any funeral services or merchandise. This list must contain at least the following information:

(a) The true funeral firm name, address and telephone number as registered with the department;

(b) A caption describing the list as a "General Price List";

(c) The effective date of the price list; and

(d) Immediately above the price disclosures required by this section, the list shall contain the statements:

(1) "The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. 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 services and merchandise you selected."

(2) "This list may not include prices for certain items that you select, such as cemetery charges or crematory services, flowers and newspaper notices. The estimated or final prices for those items will be shown on the itemized statement describing the funeral services and merchandise you selected."

(3) If the services of the funeral director and staff cannot be declined by the purchaser, the following sentence must be inserted between the second and third sentences of the required statement in paragraph (1) of this subdivision: "However, any funeral arrangements you select will include a charge for our services."

(4) For some items that the funeral firm buys for the customer such as flowers and newspaper notices, if the firm charges more than the cost or receives and retains a rebate, commission or trade or volume discount, a sentence must be added at the end of the statement required by paragraph (2) of this subdivision, "We charge you for our services in buying certain items."

(e) The list shall include funeral home charges in the following order with the retail prices (expressed either as a flat fee or as the price per hour, mile or other unit of computation) and the other information below for each service regularly offered for sale. If any of the services or merchandise are not regularly offered by the funeral firm, they do not have to appear on the general price list.

(1) Alternative services. (i) Direct cremations. The price range for direct cremations offered by the funeral firm must be listed. In addition, at least two package prices must be listed: for direct cremation where the purchaser provides the container and for direct cremation using an alternative container or an unfinished wooden box. The services and the container (where applicable) included in each package price must be described. Each package price must include at least the transfer of remains, services of the funeral director and staff, necessary authorizations, the transportation of the remains by livery to the crematorium and the return of the cremains to the funeral firm. In immediate conjunction with the prices for direct cremations, there must be the statement, "If you want to arrange a direct cremation, you may use an unfinished wooden box or an alternative container. Alternative containers can be made of heavy cardboard, pressed wood or composition materials (with or without an outside covering), or may be pouches of canvas or other materials." A second statement must also be included that, "The direct cremation prices do not include the crematory charge."

(ii) Direct burials. The price range for direct burials offered by the funeral firm must be listed. In addition, at least two package prices must be listed: for direct burial where the purchaser provides the casket and for direct burial using an alternative container or unfinished wooden box. Other package prices for direct burials using caskets may also be listed. The services and the container (where applicable) included in each package price must be described. Each package price must include the transfer of remains, services of the funeral director and staff, necessary authorizations, and the transportation of the remains to the cemetery by livery. The statement "The direct burial prices do not include cemetery charges" must be included.

(2) Transfer of remains to the funeral establishment. The price for transfer of remains must include personnel, equipment and vehicle.

(3) Preparation of remains.

(i) Embalming. The price must include use of the preparation room. In immediate conjunction with the price for embalming there must be the statement, "In New York State, embalming is not required by law. If you do not want embalming, you have the right to choose an arrangement which does not require you to pay for embalming such as direct cremation or direct burial. If you select certain funeral arrangements, such as viewing or an open casket funeral, embalming may be required by the funeral firm."

(ii) Other preparation of remains (excluding embalming). The price for topical disinfection (when there is no embalming), custodial care, dressing/casketing, cosmetology and restoration must be listed. The charges for other services regularly offered as "other" shall be specifically listed. If the firm intends to charge for custodial care, a specific time interval must be listed after which a charge is incurred and the statement must be included next to that item on the price list. "Custodial care will not be charged on the days when embalming or other preparation of the remains occurs, visitation is held or a funeral service is conducted." In immediate conjunction with the heading "Other Preparation of Remains" the statement "Preparation of the remains, unless selected, is not required for direct cremation or for direct burial" must appear.

(4) Arrangements. The charge for basic arrangements shall include the services of the funeral director, other staff, equipment and facilities to respond to the initial request for service, the arrangement conference, securing of necessity authorizations and coordination of service plans with parties involved in the final disposition of the deceased. The charge for these services may not be included in the casket prices and are already included in the quoted prices for direct cremation, direct burial, forwarding of remains or receiving of remains. For other types of funeral arrangements, the funeral firm may require that a charge for arrangements be added to the cost of the services provided. If the funeral firm has this requirement, it must place in immediate conjunction with the price for arrangements the statement, "The charge for our services will be added to the total cost of the funeral arrangements you select. However, this charge will not be added to the cost for direct cremation, direct burial, forwarding of remains or receiving of remains because the prices for those services include this charge."

(5) Supervision. The charges for supervision by the funeral director and support staff for visitation and for the funeral service must be listed. Other supervision charges, if any, must be specifically listed. These charges may not be added to the cost for direct cremation, direct burial, forwarding of remains or receiving of remains.

(6) Use of the facilities. Separate prices must be listed for use of facilities for visitation, use of facilities for funeral service, and other use of facilities, if any. Each of the prices must include the equipment used. Any price for "other use of the facilities" must clearly identify what the price is for and what facilities are included. No charges may be made under this paragraph for the use of facilities included under the paragraphs of this subdivision. For example, no charge can made for the use of the preparation room because its use is included in paragraph (3) of this subdivision. A separate charge may not be listed for parking facilities, lounges, storage rooms or other common facilities.

(7) Livery. Separate prices must be listed along with description of the equipment for each of the livery services offered by the funeral firm: a hearse, alternative vehicle with identification of the alternative vehicle, limousine, passenger car, flower vehicle and/or other livery service.

(8) Merchandise. (i) Casket or alternative container. The price range for caskets and alternative containers offered by the funeral firm must be stated together with the statement "A complete price list will be provided at the funeral home." As an alternative, the funeral firm may include in the general price list all of the casket price information required by section 79.2 of this Part.

(ii) Outer interment receptacle. The price range for outer interment receptacles offered by the funeral firm must be stated together with the statement "A complete price list will be provided at the funeral home." As an alternative, the funeral firm may include in the general price list all of the outer interment receptacle price information required by section 79.3 of this Part.

(9) Additional services and merchandise.

(i) The price of acknowledgment cards, catering services, food, nonalcoholic beverages, or any additional services and merchandise routinely offered by the funeral firm must be stated with an explanation of what is included.

(ii) If the funeral firm offers to purchase additional merchandise or services and charges more than the actual cost or receives and retains a rebate, commission, trade or volume discount or other benefit, the firm must include a statement under this heading that it will purchase additional merchandise and services for the customer. In immediate conjunction with this statement must be the sentence, "The prices in this section include a charge for our services in buying these items."

(10) Limited services. (i) Forwarding of remains. Prices must be listed for the services of the funeral firm for forwarding remains to another funeral firm together with a list of services provided for any quoted price. A package price must be listed that includes transfer of remains to funeral establishment, securing necessary authorizations, the services of the funeral director and staff and local transportation of the remains to point of shipment. In addition, a statement must be included indicating how other means of transportation will be charged beyond the local point of shipment. Public transportation (by common carrier) may only be charged as a "cash advance."

(ii) Receiving of remains. Prices must be listed for the services of the funeral firm for receiving remains from another funeral firm together with a list of services provided for any quoted price. A package price must be listed that includes transfer of remains to funeral establishment and/or place of local disposition, securing necessary authorizations, the services of the funeral director and staff. In addition a statement must be included indicating how other means of transportation will be charged. Public transportation (by common carrier) may only be charged as a "cash advance."

(f) The list shall include items of service and merchandise which are routinely available as cash advances.

(1) Cash advances. A listing must be placed on the general price list indicating what items of service and merchandise are routinely available as cash advances. If the funeral firm is willing to purchase other cash advance items, it may include a statement to that effect. A statement must be included in immediate conjunction with the cash advance information that "Services and merchandise provided as cash advance items will be billed at the same amount paid by the funeral firm." The funeral firm may not charge the customer any more than the actual cost for cash advance items and must deduct from the charge to the customer any rebate, commission, trade or volume discount or other benefit received. Cash advance items shall include, but are not limited to the following services or merchandise: cemetery or crematory charges; clergy honoraria; certified copies of the death certificate or transcripts; escorts; chevra kadisha (Tahara); public transportation (common carrier); gratuities; bridge and road tolls; and telephone and telegraph charges.

(g) Each price for transfer of remains or for other transportation by livery included in the general price list must be stated as a flat fee for a specified number of miles from the funeral firm or for a geographical zone. The number of miles or the boundaries of the geographical zone included in the flat fee must be stated next to the price. If the firm charges for additional mileage beyond the specified distance or geographical zone, the additional mileage charge must be stated in immediate conjunction with the flat fee.

Statutory Authority

Public Health Law, Section 3401

Volume

VOLUME A-1a (Title 10)

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