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You are Here: Home Page > 1995 Press Releases > State Health Department Offers Consumer Advice on Funerals  

State Health Department Offers Consumer Advice on Funerals

Albany, September 28, 1995 -- A funeral is a sad occasion, but it is also a major consumer purchase that can cost thousands of dollars, State Health Commissioner Barbara A. DeBuono, M.D., said today. Because people have so much invested, both financially and emotionally, Dr. DeBuono announced that the Health Department is issuing a pair of publications that provide important consumer information about funeral arrangements.

"Making funeral arrangements requires making difficult decisions at a very emotional time, and people are apt to feel overwhelmed," Dr. DeBuono said. "We want to help New Yorkers get the facts they need to make informed choices."

The free publications are entitled "A Consumer's Guide to Arranging a Funeral," and "Before Prepaying Your Funeral, Know Your Rights." The booklets explain terms used by funeral directors and outline a consumer's right to basic information, such as prices, before signing a contract.

The Health Commissioner said the cost of funeral arrangements may vary greatly, depending on the funeral home and the type of service and merchandise selected. A funeral director is required to provide the customer with the funeral home's general price list during the initial arrangements conference. Staff must not criticize the customer's choices or imply that any merchandise offered for sale by the funeral home is unsatisfactory.

"As the person paying for the arrangements, you are the customer," Dr. DeBuono said. "Don't be afraid to shop around or ask questions."

The booklets also explain charges which can and cannot be declined. For instance, funeral homes charge a "Basic Arrangements Fee" for making all the arrangements for final disposition of a body. The fee covers the availability of a funeral director and staff, as well as securing necessary authorizations such as filing the death certificate and getting permits. This charge cannot be declined. However, in the case of "Direct Burial" -- the disposition of human remains by burial without a formal viewing, visitation or ceremony, except a gravesite service -- the arrangements fee cannot be added to the cost, since it is already figured into the price for a Direct Burial.

Funeral homes also are banned from such actions as pressuring the customer to select certain services or merchandise; charging an additional fee for filing the death certificate; charging a handling fee for paying third parties, such as cemeteries, on behalf of the customer; or for handling a casket provided by the customer.

Some commonly asked questions which are answered in the new DOH publications include:

• Who can make funeral arrangements? (The "customer," that is, the person who will be responsible for paying the bill, should make the arrangements and convey the family decisions to the funeral director.)
• Do I need a funeral director? (In New York State, only a licensed and registered funeral director may make arrangements for the disposition of a body.)
• Is embalming required by State law? (A funeral director must obtain specific permission from the customer in order to embalm. However, embalming may be required by the funeral home in conjunction with other services, such as open casket viewing.)
• May I be charged a refrigeration fee? (Some funeral homes do charge for cooling the body when embalming is not selected. If such a fee is charged, it must be stated up front, on both the General Price List and the Itemized Statement of Charges.)
• Does the New York State Department of Health set the charges? (While the Department of Health regulates the business and practice of funeral homes, it does not regulate prices.)

It is possible to pre-plan a funeral and pay for it in advance. However, before doing so, consumers should be aware of New York's "Pre-Need Consumer Protection Act," which outlines their rights and responsibilities.

The free publications, "Before Prepaying Your Funeral, Know Your Rights," or "A Consumer's Guide to Arranging a Funeral," may be obtained by writing to the New York State Department of Health, Box 2000, Albany, NY 12220.

Those who have a serious problem with how funeral arrangements were handled may file a complaint by writing to Bureau of Funeral Directing, New York State Department of Health, Empire State Plaza, Corning Tower, Albany, NY 12237-0681.