New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 78 - Statement To Be Furnished By Every Person Licensed Pursuant To Article 34 Of The Public Health Law › Section 78.1 - Contents of statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  person licensed pursuant to article 34 of the Public Health Law, including
				  funeral directors and funeral firms, shall furnish at the time funeral
				  arrangements are made for the care and disposition of the body of a deceased
				  person, to the person or persons making such arrangements, a written statement
				  which shall include, but not be limited to, the price of the funeral, including
				  an itemized list of the services and merchandise to be furnished for such
				  price, as required by paragraph (b)(4) of this section. No reference to the
				  Public Health Law or administrative rules and regulations promulgated pursuant
				  thereto shall appear on the front or back of such statement except as required
				  by the public notice in section
				  78.2 
				  of this Part.
(b) Such statement
				  shall include the following:
(1) true firm
				  name and address as registered with the department;
(2) the signature and printed or typed name
				  of the funeral director or undertaker making funeral arrangements and the date
				  such statement was furnished to the customer;
(3) name of deceased together with the place
				  and date of death;
(4) the price of
				  the funeral together with the price of each item of service and merchandise
				  actually to be furnished. The itemization of prices shall be contained in a
				  written statement similar in form to that contained in section
				  78.2 
				  of this Part, and shall be limited to the statements, language, titles, and the
				  numerical order contained in said section. The itemization shall be completed
				  as follows:
(i) The charging of expenses
				  related to the overall cost of doing business under "overhead", "administrative
				  costs" or any similar title, is prohibited.
(ii) The statement of "cash advances" shall
				  be in compliance with subdivision (k) of section
				  77.12  of
				  this Title in regard to those services or merchandise required to be listed as
				  cash advances.
(iii) Charges for
				  additional services and merchandise selected by the customer, which the funeral
				  firm purchases for the customer, such as hairdressing, flowers, death notices,
				  pallbearers, clothing or burial garments, musicians and watcher, catering
				  services, food, and nonalcoholic beverages, shall be specifically described and
				  may be made either as a ''Funeral Home Charge'' under the section ''Additional
				  Services and Merchandise Selected,'' if the funeral firm charges for its
				  services in purchasing these items, or as a ''Cash Advance,'' if the funeral
				  home does not charge the customer in excess of the amount advanced to a third
				  party. If the funeral firm charges more than it advances to a third party or
				  receives and retains a rebate, commission, trade or volume discount or other
				  benefit, the items must be listed under the heading ''Additional Services and
				  Merchandise Selected.
(iv) Under
				  the heading "Cash Advances," the price for each cash advance item selected
				  shall be listed to the extent known or ascertainable at the time the
				  itemization form is completed. If prices are not known or ascertainable, a good
				  faith estimate shall be listed. The actual charges for any estimated prices
				  shall be provided in writing to the person making the arrangements before the
				  final bill is paid.
(v) Items
				  listed under the heading "Additional Services and Merchandise Selected" shall
				  be the actual charge and shall not be an estimate even when the item is to be
				  purchased by the funeral firm from a third party.
(vi) Charges for preparation of the remains.
				  The charge for embalming shall include all items of service incidental to the
				  disinfection and preservation of the remains. Charges for "other preparation
				  (excluding embalming)," that is cosmetology, dressing/casketing and
				  restoration, shall be listed if selected. If a charge is incurred for "other,"
				  the service provided must be specifically listed. A charge for topical
				  disinfection may only be listed when the remains are not to be embalmed and
				  this service is selected. The charge for "custodial care" shall be listed, if
				  applicable. A separate charge for the use of the preparation room shall not be
				  listed as the use of this facility is incidental to the "preparation of
				  remains." A separate charge for "hairdressing" may be made under either the
				  heading "Additional Services and Merchandise Selected," if it is a "Funeral
				  Home Charge," or under the heading "Cash Advances," if the funeral director
				  does not charge the customer in excess of the amount advanced to a third
				  party.
(vii) Items listed under
				  "Funeral Home Charges" shall not be estimated and the term estimate shall only
				  appear on the statement in reference to cash advance items.
(5) Under the heading "Explanation
				  of Charges," a clear, concise written description of the reasons for an
				  embalming charge or any other charge made necessary by cemetery requirements,
				  crematory requirements or other selections made by the person making
				  arrangements.
(6) The dated
				  signature of the person making arrangements acknowledging receipt of the
				  itemization statement. This must be signed unless the person making
				  arrangements refuses to sign it or signs and dates a contractual statement on
				  the same form.