Funeral/Mortuary
What Type of Consumer Protec Ɵ on Fund Does Your
If Trus Ɵ ng Permi Ʃ ed, What Percent Must Be Trusted?
Are Funeral Licensees Allowed to Sell Preneed?
Who Has Authority to Assess Fines and Penal Ɵ es?
Preneed Regulated by Statute?
What Types of Insurance Can Be Used to Fund Preneed?
What Is the Maximum Penalty?
Disposi Ɵ on of Monies Collected?
License Required to Sell Preneed?
Is There an Appeal Process?
Jurisdic Ɵ on Provide for Preneed?
Insurance Guaranty fund
Permanent Life, Whole Life, Burial Insurance, Annuity
$1,000 per viola Ɵ on
Kansas
Yes
Insurance
Yes
100%
State Board
Yes
General Fund
Kentucky
Yes
Yes
NA
No
No
NA
State Board
NA
Yes
Board opera Ɵ on
Permanent Life, Whole Life, Burial Insurance, Annuity, Life
Insurance issued by LA Dept. of Insurance
Louisiana
Yes
Yes
100%
None
State Board
$5,000
Yes
Revenue Fund
Regulated by Bureau of Insurance
$1,500 per viola Ɵ on
Maine
Yes
NA
No
NA
No
State Board
Yes
General Fund
O ffi ce of Administra Ɵ ve Hearings
100% & 80% Yes, Family Security Trust
Burial Insurance or Private Party
Maryland
State Board
$5,000
General Fund
Yes
Mor Ɵ cian, Funeral Director
Yes
Embalmer/Funeral Director ‐ Type 3 or Type 6 Funeral & Cemetery Contract Seller/Provider Registra Ɵ on
Whole Life, Burial Insurance, Annuity
Various forms of discipline
Massachuse Ʃ s
No
Yes
100%
State Board
No
Yes
General Fund
Permanent, Whole Life, Burial Insurance, Annuity
Michigan
State Board
NA
Yes
100%
None
No
General Fund
Yes
May appeal by reques Ɵ ng hearing
Preneed insurance ‐ yes Preneed Provider ‐ no
Regulated by MN Commerce
Dept. of Health
Minnesota
Yes
Yes
100%
None
$10,000
General Fund
Any funeral home or cemetery which sells funeral or cemetery merchandise or services prior to the death of the contract bene fi ciary is required to register with the Secretary of State, Preneed Division. website: h Ʃ ps://www.sos.ms.gov/Regula Ɵ on ‐ Enforcement/Pages/Pre ‐ Need ‐ Funeral.aspx
Mississippi
Preneed Seller as en ƟƟ es & Preneed Agents as individuals
Permanent, Whole Life, Burial Insurance, Annuity Regulated by Commissioner of Insurance & Securi Ɵ es
Missouri
Yes
No
100%
None
NA
Montana
Yes
Mor Ɵ cian License
Yes
100%
None
State Board
$1,000
Yes, see MT statutes General Fund
Nebraska
Yes
Regulated by NE Department of Insurance
3x the sales agreement
Permanent, Whole Life, Burial Insurance
Yes, NV Div. of Insurance
Nevada
State Board
Funeral Seller/Funeral Agent
Yes
125%
None
Judicial Review
General fund
New Hampshire
NA
New Jersey
Yes
Funeral Director
Yes
100%
None
Permanent Life, Whole Life State Board
See NJ statutes
Yes
Board opera Ɵ on
New Mexico
Yes, DOI
Yes
Yes
None
State Board Commissioner of Health
$2,000
General Fund
NA
NA
Formal Hearing
Preneed insurance funding not allowed Permanent Life, Whole Life, Burial Insurance, Annuity
Up to $1000 per day/per viola Ɵ on
New York
Yes
Funeral Director
Yes
100%
None
Yes
General Fund
Yes w/ Preneed Sales License
Preneed Recovery Trust Fund
Pe ƟƟ on for judicial review
North Carolina
Yes
Preneed sales
90%
State Board
$5,000
Revenue Fund
North Dakota
100% trus Ɵ ng permi Ʃ ed; NA
Yes, Service NS
Cemetery & Funeral Services Salesperson License
Nova Sco Ɵ a
No
100%
No
Annuity
No
NA
No
NA
Condi Ɵ onal: Reference Sec Ɵ on 4717.31 of OH Revised Code.
Permanent Life, Whole Life, Annuity
Varies depending on viola Ɵ on
Ohio
Yes
100%
Recovery Fund
State Board
Yes, OAC 119
General Fund
18
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