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

Made with FlippingBook - Online catalogs