How much government intervention is enough?

May 10, 2023/Regulations/

I think the last few years, especially in some of America’s largest urban centers, we’ve learned that the rule of law is essential in a democracy. It’s imperative that we have laws and even business regulations so that all people play by the same set of rules.

However, sometimes it feels like government can get way a head of itself, too. It was former President Ronald Reagan who said that the scariest nine words in the English language were, “I’m from the government and I’m here to help”.

I think it is important to note that sometimes when the government is trying to help they can cause problems that they didn’t even think about. In late April, the New York State Department of Health issued a statement and warning to funeral homes across the state. Here’s the first part of that statment which dealt with the charges by funeral homes for death case removals:

“The New York State Department of Health this week is reminding funeral directors and consumers about State laws regulating the fee structure for services performed by funeral firms. Under State regulations, funeral firms are allowed to set their own charges for the transfer of remains from the place of death to the funeral establishment, however, the regulation does not allow the funeral firm to institute a sliding scale of costs based on the number of firm employees or personnel involved or the time or place of death.”

The notice goes on to explain why they believe that some New York State funeral homes may be in violation of the pricing statue by charging differing fees for 2-person removals, removals from homes, and other situations. Here’s what the notice says to that effect:

“Over time, the Department has become aware that some funeral firms have begun over-charging families for the transfer of remains by adding an extra personnel fee for the transfer of the decedent from the place of death, or by adding additional charges based on the type of facility where the death occurred, or for the time of day that the transfer takes place. Most commonly, firms have begun adding separate charges stated on their GPL as “second attendant” or “extra staff”, and/or a variable charge for either home deaths, hospice deaths, or nursing home deaths, and “after hour” charges. These added charges violate Department regulations covering fees for funeral services in New York.”

Here is a copy of the letter that was sent to all New York funeral homes.

Here is the press release by the State of New York reminding funeral homes about these charges.

Related Removal article — “America’s average weight holds steady in 2020″ . Gallup

Tom Anderson
Funeral Director Daily

Funeral Director Daily take: I’m not going to argue with the laws as set forth by the State of New York. However, I do see an issue with wording in these statutes if they do not allow funeral homes to recover the costs incurred on death care removals if they are “out of the ordinary” removals. To me, that is simply interfering with the ability of a business to charge the prices needed for recovering the costs of being in business.

When I first started in business, removals were easy. Hospitals and nursing homes is where the vast majority of deaths occured. Those facilities all had elevators and one person removals were very common and not too difficult.

Over the years the hospice movement has played a major role in where people died. . . many in their own homes with difficult stairs and no elevators. It has necessessitated, in most places, two-person removal crews and two-people being on call on normal nights. There can be no arguing that elevates the costs of death care removals.

If there is not a remedy for this option in the State of New York guidelines or the pricing guidelines of the Federal Trade Commission that is an ommission that should be remedied. It could be as simple as allowing two-charges on price guides for removals dependent on the number of personnel or the place of death.

There is a place for consumer protection in virtually all service industries, but there is also the need for common sense by the governing factions to allow for the recovery by businesses of necessary charges while performing their requested services.

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