CREMATION OPTIONS

What an inspired time it must have been in Philadelphia in the summer of 1787. The founding fathers were on their game when they formulated the U. S. Constitution and its Bill of Rights. Now some 220 years later while some of the provisions of the Bill of Rights have weathered some serious challenges they are still the rock solid foundation of the American way of life. The second amendment was withstood many challenges by anti-gun groups and they usually sound like this:”The founding fathers probably couldn’t foresee AK47s and other assault weapons. “The success of the challenge obviously depends on what ideology is calling the shots. Historically limits have been place on the second amendment. For example an assault weapons ban was enacted in 1994 as part of the Violent Crime Control and Law Enforcement Act. However the measure was allowed to expire 10 years later. Also a frequently debated concept is what constitutes free speech? A new challenge to the first amendment is developing with funeral service squarely in the middle. Do you think the founding fathers could have foreseen the likes of the Rev. Fred Phelps? The Westboro Baptist Church and anti gay Kansas church group is staging protests at funerals across the country. The small congregation led by Phelps has gained national notoriety for picketing the funerals of U. S. soldiers, gay people and those who have died from AIDS, claiming the god is punishing the United States for supporting homosexuality. So far these protests have triggered nearly 40 percent of the United States to enact legislation to keep funeral services free for demonstrations by banning any disorderly or disruptive conduct including offensive signs and abusive language within the vicinity of a funeral service. Freedom of speech is not absolute. In Schenck v. United States Supreme Court Justice Oliver Wendell Holmes Jr. set the standard for judging when freedom of speech may lawfully be limited. Holmes writing a unanimous Supreme Court decision stated that speech could be punished if “the words are used in such circumstances and of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. “He illustrated the point by arguing that no one has a constitutional right to shout “fire!”in a crowded theater when no fire is present. Such action would pose a “clear and present danger” to public safety. It stands to reason that some media hungry church group protesting the funeral of a soldier killed in the line of duty with signs that read “thank god for IED’s” (improvised explosive devices) and “Burn in Hell” is presenting more of a clear and present danger to the public safety than if someone shouted “fire” in a movie theater. Enter the American Civil Liberties Union. While the ACLU said it has no current intention to challenge the laws, they predict that a challenge will arise most likely by Phelps himself. Should Phelps win states would be forced to pay attorneys fees to help fund his organization for a long time to come. “Speech that is cruel, distasteful and upsetting is still protected by the First Amendment and (leaves) the state on precarious legal footing,” said Chuck Samuelson executive director of the ACLU of Minnesota. If Phelps group wants to travel all over the country maybe they should think about protesting the fact that the price of gas has risen to more than $2. 50 a gallon again. How ironic is it that freedom of speech is being used as a defense by a group that does not respect an individual’s right to personal privacy.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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Cremation tycoon Henry Keizer, secretary general of the International Cremation Federation (ICF) and president/CEO of the Facultatieve Group, the Hague addressed CANA attendees on the topic of “Developments in Cremation Worldwide. ” He began his presentation by detailing ICF’s history and role in the cremation industry. The very first ICF convention, he explained took place in 1937 and was founded “to promote cremation to the highest standard. ” The group came together to create a set of rules and a code of ethics. In 1996 the ICF was granted consultative status with the Economic and Social Council (ECOSOC) of the United Nations, which grants the federation the authority to contribute to the international cremation movement and the work of the United Nations. In some countries, Keizer said cremation is not accepted which has made the federation’s mission to “get the cremation movement going,” difficult. Greece for example is anti-cremation and yet has enormous influence on the government. Through the U. N. , however ICF has been able to have a greater push throughout the world. “As a worldwide organization we want to help people, but we also have to be sensitive,” said Keizer. “It’s a matter of learning and respecting each other. ” For example he said in Nepal, it is customary to bring the deceased person to the highest mountain and wait for the vultures to come. In other parts of the world this would be disrespectful. ICF has made a point to be sensitive to various cultures and traditions. Some of ICF’s goals include providing information about cremation, simplifying the cremation process and freezing cremation from any legal restrictions as well as eliminating any problems transporting cremated remains across country lines. Keizer also briefly spoke about the history of cremation. Although many people believe cremation was first developed in Europe, Keizer explained that this is not so. In 1792 Henry Laurens, the second president of the continental congress of the United States, a man who “fought fiercely against slavery,” noted in his will that he wanted this son to “cause my body to be wrapped in 12 yards of tow-cloth and burned until it be entirely consumed, and then collecting my bones, deposit them wherever he may think proper. ” There were no retorts at the time of course, so Laurens’ body was burned in a woodpile. The first active cremation came around 1815 in Europe, moving to Pennsylvania in 1876, then onto Canada in 1901 and the Netherlands in 1913. Keizer also spoke and showed slides of several modern crematories, one in Berlin that was built in 2000. The large and impressive building, he said has its downsides. For some people, “this is too impressive,” he said, “people are so impressed that they forget why they are there. It becomes about the building. ” Also in Berlin, the cremation process is fully automatic, with computers determining when each body will be cremated, when the casket will be taken out and placed in the retort, etc. And with the thousands of cremations taking place, often there is a backlog of six to eight weeks between the time of death and the time of cremation. In fact, the Berlin crematory has enough storage room for 600 caskets. With the cremation process becoming more and more automated, Keizer said it is important to keep the human element intact. At his firm, he said, “we have a rotating roster. ” One week, an operator may be working the retort, and the next week that person will be greeting families. Keizer went on to describe various cremation customs throughout the world. In India the family’s status is determined by the quality of wood used to cremate the body. With good quality wood being extremely expensive, “people will choose to use less wood from the higher quality instead of buying the right amount of the lower quality wood. ” The cremated remains in India are scattered in the river Ganges, into the same water where people bathe and where children play. The problem occurs when the cremated remains are not completely pulverized. As a solution, they have installed iron cages with meat eating turtles to devour any flesh. At the end of his presentation, Keizer touched on the future of cremation. He described the café’ at his crematory which gives families a place to hold a reception. A cemetery of crematory “doesn’t have to be dark and gloomy, or have the odor of death. People need to feel at home. ” He also spoke about how the Ospar convention relates to the cremation industry, as far as the amalgam in dental work which, when boiled into a vapor, separates into extremely toxic mercury. As a result of the convention, in most countries, by 2012 retorts will have to have filters in place. “There is a lot of money in that,” he said, suggesting that although this will probably happen in Canada before the United States that all crematory owners need to come up with a strategy.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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The funeral homes were sued for negligence by all the families who had loved ones, 339 in total sent to be cremated at Tri-State Crematory between 1988 and 2002. Davis shared background on the case, portions of some of the documents and some of the rulings in that case. The plaintiffs in this case alleged that Tri-State Crematory failed to follow basic industry practices and acted in total disregard of human decency and the rights and feelings of the deceased families by improperly cremating bodies, commingling bodies in its custody and fraudulently returning to families non-human materials such as concrete dust. Davis described the crematory as “a very small room and the bodies were brought in by a gurney and had to be turned; the bodies were lifted up at one time by a hydraulic lift. In later years members of the family lifted and poured the body into the retort. “He went on to describe what was found when investigators descended upon the facility: “the crematory had body fluids on the floor and rust throughout the building,” said Davis. He asked “Are those red flags to funeral directors? Are those red flags to cremationists that maybe this crematory was not being operated correctly? Davis said that all cases involving the cremation whether it’s Tri-State the Bayview Crematory in New Hampshire or any future case will see the same allegations that the plaintiffs has in the Tri-State case. “There was. . . fraudulent concealment, negligence, intentional mishandling of a corpse and other,” said Davis. In his opening statement, defending the funeral homes, Davis argued that “what this case is really about is deception:perhaps the greatest deception ever. Ray Brent Marsh a fine upstanding person with an impeccable reputation in the community deceived everyone. He deceived the state of Georgia, but who did he deceive more than anyone else? You, the funeral home directors , the funeral home defendants. “Davis added, “what we intended to show was that even though Ray Brent Marsh was an independent contractor, that the funeral home defendants were as shocked as anyone. “Many funeral directors said Davis falsely believe that dealing with a third party contractor such as Ray Brent Marsh they are not liable for any wrong doing that there is a “gap in liability so they cannot come against me. “The federal judge in Georgia and Florida and nearly every state in the country has ruled that the funeral home “generally has no responsibility for a corpse committed by independent contractor but may be negligent for the liability of a contractor under certain circumstances. “The funeral home has a responsibility to the family. But funeral homes also need to protect themselves by having procedures in place, including as identification process and making all families aware of all procedures. Dais also suggested that funeral directors make unannounced visits to inspect the crematories they use. One red flag, he said is if the crematory provides pick-up and delivery. In both the Tri-State and the Bayview cases the crematory operator picked up and delivered bodies, precluding anyone from seeing the inside of the crematory. “When funeral directors would go to Tri-State unannounced they would find all of the barns were always under lock and key,” said Davis. “It should have seemed obvious what he was doing from these actions. “Another concern to the funeral director should be how the cremated remains are processed. “We finally developed testimony through Brent Marsh’s sister that they had a three foot steel rod and a four-by-four metal plate; the bones were raked into a tray and then they were crushed. In the early 80’s that was accepted as the standard of care. Now in cremation you have to have a processor to refine it down to less than an eighth of an inch so that it fits in a container. “Also he said that funeral directors need to make sure the crematory they are using is licensed, has operational records and proper authority under state law and that there are trained operators on the premises. Make sure there is a manual and it is being followed. “Ray Brent Marsh is a great excuse for you to charge more for cremation,” said Davis. “If you are going to charge more you better be prepared to do your due diligence. You can no longer rely on the certificate on the wall. “Investigate and use common sense explained Davis and look behind the scenes. Follow the steps and keep a checklist and it will keep you from being a defendant in another Tri-State Crematory Case.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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Cremation services-A federal appeals court upheld an Oklahoma law that allows only licensed funeral directors to sell caskets. The decision b the Denver based court upholds the December 2002 ruling of a federal judge in Oklahoma and sets the stage for a Supreme Court to decide whether states can regulate casket stores, internet sellers and other third-party retailers from selling caskets. In the August 23rd ruling the 10th U.S. Circuit Court of Appeals denied arguments from opponents that the law is too stringent and creates a casket monopoly that forces higher prices. The decision conflicts with the 6th U.S. Circuit Court’s ruling handed down in December 2002 which sided with casket dealers who had challenged a decades-old Tennessee law that said only licensed funeral directors can sell caskets. The 3-0 decision by the 6th Circuit Court said there was “no evidence in the record that licensed funeral directors were selling caskets that were systematically more protective then those sold by independent casket retailers.” “In fact, restricting sales of caskets to licensed funeral directors would seem to have an adverse effect on the quality of caskets,” the judges said. “The licensing requirement does not require consumers to choose more protective caskets or funeral directors to recommend them.” The judges added that the only difference between the caskets sold by the licensed funeral directors and those sold by casket retailers was that those sold by casket retailers was that those sold by the funeral directors were systematically more expensive.” In December 2002, United States District Judge Stephen P. Friot for the Western District of Oklahoma upheld the Oklahoma law restricting casket sales to licensed funeral establishments and funeral directors. Ironically, the plaintiffs in both cases were represented by the Institute for Justice, a Washington, D.C. based self proclaimed “merry band of litigators.” Friot ruled against claims that the law creates a casket cartel, driving up costs and taking away a consumer’s right to search for the best deal. Kim Powers, a Ponca City resident who sells funeral supplies via the internet, sued the state Board of Embalmers and Funeral Directors saying the law unconstitutionally limits her rights to do business. She and her partner, Dennis Bridges of Knoxville, TN, operate Memorial Concepts Online, selling caskets in states where it is legal. They say their caskets are hundreds of dollars cheaper than ones sold in funeral homes. Powers does not have a funeral director’s license but sells funeral supplies through the internet. Obtaining a funeral license in Oklahoma requires two years of college, a one year apprenticeship and the embalming of 25 bodies. State officials have said the law protects grieving families from fraud. Terry McEnany , director of the Oklahoma State Board of Embalmers and Funeral Directors, agreed with the decision. “I think this was a victory for Oklahoma’s state rights and also a variety for Oklahoma funeral purchasers,” McEnany said. McEnany said the Oklahoma Legislature decided that the best way to regulate funeral sales was to require they be sold through licensed, regulated funeral homes. Similar laws have been struck down in Mississippi and Georgia, but exist in many other states.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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Cremation services events involving a Georgia crematory, as well as local level civil suits brought against licensed funeral directors and embalmers claiming failures to render professional services, emphasize the need for every funeral professional to possess professional liability insurance in addition to a commercial general –liability policy. While a general-liability policy usually protects a funeral home from such things as injuries resulting from slips or falls by visitors to the establishment, professional liability insurance –also known as an “errors and omissions” policy or “professional malpractice” insurance –insures a person or entity against claims brought as a result of negligence in the provision of, or in the failure to provide, professional services. Professional liability insurance is a necessity since general liability policies often exclude claims for injuries or damages resulting from the provision of professional services. The particular professional services excluded might be specifically spelled out in the general liability policy but, if not might be covered by a clause that excludes any service requiring a specialized skill or training. In the case of funeral service claims have been made that a particular preparation was “faulty,” to the extent that there was noticeable leakage, a “smell” or that the deceased simply “did not look like he did while he was alive.” While many of these claims are groundless, they still require the defendant to mount a defense, which can prove cost prohibitive. Professional liability insurance protects individuals such as funeral directors that perform professional services from suits alleging a failure to perform such services within the degree of knowledge or skill comparable to professionals within their industry. While professional liability policies were originally designed for professions requiring an advanced degree, such as doctors, lawyers and professional engineers, specific exclusions for professional services in general liability policies have become so brad that other professions, including funeral service, require separate policies to cover alleged professional malpractice. Every funeral director should determine whether he or she has insurance coverage sufficient to protect him or herself from a professional malpractice claim and if their existing policies do not provide this type of protection, they should obtain a professional liability policy immediately. To determine the extent of their existing insurance coverage, the licensed funeral professional should specifically review all applicable insurance policies with their insurance agent and close any gaps in the coverage. I also suggest that any professional liability insurance policy purchased should: include working specifically tailored to funeral professionals. Should state that the insurance carrier has a duty to defend under the policy. Should state that the carrier will pay on behalf of the insured (less any applicable deductible) instead of reimbursing the insured, and specifically pay for such things as legal defense costs and judgments, up to the policy limits. In addition funeral professionals should determine whether their professional liability insurance can/does cover prior acts that might have occurred before the purchase date of the specific professional liability policy. We live in a litigious world, and these days professional liability insurance is absolutely necessary to protect funeral professionals.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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Shipping human and cremated remains has always been fairly straightforward.  Funeral directors have relied on the United States Postal Service’s registered mail to move cremated remains and the commercial airlines to handle human remains.  But are these the only options available to the industry?  While these methods are certainly the most cost effective, they are not always the most effective, they are not always the most convenient or compassionate.  Situations have occurred when the traditional shipping methods have not been fast enough or offered enough privacy or compassion.  This article explores other possibilities for shipping both cremated and human remains when the traditional methods will not work.  The methods discussed are not offered as ways to save money but to be another resource available to the funeral director when the situations above occur.

Shipping Cremated Remains

As the number of cremations continues to steadily increase, so does the need to ship cremated remains.  It is important to know the rules of shipping cremated remains as well as your viable options.  Funeral directors, crematories and scattering services often provide incorrect information to family members when it comes to shipping cremated remains, putting themselves and the family at risk.  In addition, most funeral directors are not always aware of other available options and therefore miss an opportunity to serve the family’s need for speed or compassion.  When we need to ship a regular package, especially with speed, we have several air express delivery companies at our disposal.  Brown, red or yellow they all have the ability to move packages fast.  While this holds true for shipping a box of Christmas presents to your relatives in California, this is not the case for cremated remains.  Every major air express company strictly prohibits human remains from being shipped on their network, including cremated remains.  By reviewing the company’s terms and conditions, you will quickly discover a list of prohibited items.  You will also discover a clause that states, “Failure to comply with any of the terms and conditions will result in a denial of loss or damage claim.”  While most express package companies do a fantastic job of delivering boxes and small envelopes, loss and damage does occur.  Their systems are not designed for packages that are irreplaceable, hence their unwillingness to accept cremated remains.  Explaining to a family that their loved one’s remains have been lost or damaged is every funeral director’s nightmare.  If you are currently using one of the major air express carriers to shop cremated remains, cease immediately!  You are putting you and your firm at serious risk of a lawsuit, publicity nightmare and, at worse, a tarnished image in the community.  If you continue to use the option and a loss or damage occurs, you have no action of recourse.  Make a clear; shipping cremated remains through the traditional air express companies is not an option!  A vast majority of cremated remains are shipped via the United States Postal Service (USPS) registered mail.  Cremated remains cannot be sent by overnight express mail, regular mail or certified mail.  USPS publication 52 section 462.2 states, “Human ashes are permitted to be mailed provided they are packaged as required in 463b.  The identity of the contents should be marked on the address side.  Mail pieces must be sent registered mail with return receipt service.”  Section 463 B discusses how the remains should be packed; “Dry materials that could cause damage, discomfort, destruction or soiling upon escape (i.e., leakage) must be packed in sift proof containers or other containers that are sealed in durable sift proof outer containers.  While this method is both reliable and economical, it is not very fast nor compassionate or convenient.  Funeral directors must take time out of their busy schedule to drive to the post office, stand in line to complete the necessary paperwork, and keep their fingers crossed the package doesn’t make a wrong turn in Iowa.  Family members sometimes dislike the lack of compassion associated with the postal service and are often embarrassed when they have to go to the post office to recover a box labeled “Human Remains.”  While it is a very practical method of moving cremated remains, it is somewhat limited by its speed, convenience and compassion.  It’s not always the best option for the shipper or the receiver.  Another option available to cremated remains shippers is the commercial airlines.  This can be either in the passenger cabin or the cargo hold area.  If a passenger with a paid fare wishes to bring the cremated remains onboard the aircraft, it is critical that the remains are packed in a box that can be easily x-rayed by the Transportation Security Administration (TSA).  If the container is constructed from a material that prevents the security screener from being able to identify the contents, the package will not be permitted past the security checkpoint.  Even if the family is willing to allow further inspection by opening the package, the security screener will not comply and the package and the passenger will be denied entry.  If the package is denied, the passenger may check the remains onboard as cargo and the package will be placed in the cargo hold area of the aircraft.  It is critical that the contents are appropriately packed to handle the cargo loading and unloading process.  If the remains are packed as if they would be place in the overhead bin but end up being denied access and have to go as cargo. It is advisable to find another way to transport.  If remains need to be shipped with extreme speed and there is no family member available to accompany the remains on the aircraft, funeral directors can still utilize not only commercial airlines, but other time critical airlines as well.  Companies such as AirNet Express of Columbus, Ohio specialize in shipping sensitive materials and offer door-to-door pickup and delivery of cremated remains.  By combining their exclusive fleet of over 140 airplanes with all major commercial airlines they are able to move the remains in less than 14 hours, door-to-door 24/7/365.  The Transportation Security Administration (TSA) regulations mandate the companies such as AirNet conduct a physical site inspection at your place of business before allowing you to ship on commercial aircraft, if you are not already a known shipper.  While this site audit is not required to ship on AirNet’s aircraft it is recommended that one be performed if your firm is not already known shipper with the TSA.  While this service is more expensive than the USPS, it provides super expedited speed, convenience by providing door-to-door pickup and delivery, extreme reliability and privacy for the family.  It is important to note that commercial airlines require that remains be accompanied by a signed certificate of death or a burial/burial removal permit, as required by law.

Shipping Human Remains

Since the September 11th tragedy, no one industry has felt the sting of changes in commercial aviation more than the funeral industry.  The financial distress caused by this act has caused a significant reduction in the number of cities served, the size of the aircraft an its cargo capacity, the number of direct flights from major cities, and the increased possibility that a major carrier will face closure.  Cities such as Green Bay, Wis., Charleston, W. Va., and Cheyenne, Wyo., were once served by aircraft that had the capability to move human remains.  Now, funeral directors in these cities must recover from larger cities with drives up to eight hours.   This problem will only worsen with time as commercial airlines replace existing aircraft with regional jets or cancel routes all together.  It is also important to note that the newer “low fare” airlines coming into the market have been unwilling to accept human remains further complicating matters.  Another option to consider when time is of the essence and the commercial airlines are not available is to charter an aircraft.  Chartered aircraft, albeit significantly more costly than using a commercial aircraft, can be flown anywhere, anytime.  Usually the airplane can be on location within two hours of the call and unlike commercial airlines, will land to the closet recovery airport (providing there is appropriate runway length).  When families want their loved one’s remains home immediately, especially if death is a result of a tragedy, a charter may be viable option.  As mentioned earlier companies such as AirNet can accommodate an on-demand charter.  No matter where the remains are coming from or going to, AirNet will find the most cost effective aircraft for the mission, make all ground arrangements and complete all necessary paperwork.  This service can be most useful to a family who wants to recover their loved one’s remains as soon as possible (especially from remote locations), do not want their loved one’s remains to ride in the baggage compartment, or in situations where privacy is of the utmost important.  In addition to the human remains, on most private aircraft one passenger is permitted to accompany the remains during flight.  Charter pricing is based on the origin and destination, the size of the shipping container (combo unit-vs-airtray), and availability of aircraft.  Prices range from $2500 to over $20,000.  Examples of past missions have included flying remains from the east coast to the west coast in less than six hours to accommodate an early morning funeral, flying remains to Central America, and recovering remains from a remote location out west and delivering to grieving family in the Midwest.  Chartering an aircraft may not always be to simply recover the remains from the point of death and fly it home.  In one instance where a plane was chartered, a man’s family wished to have multiple viewings in multiple cities.  The man had owned businesses in several locations on the east coast and rather than ask the employees to come to one central location to pay their last respects, they chartered an aircraft and the remains were flown to four different cities in two days.  In another example, a wife wanted to memorialize her husband, who had a deep admiration for aviation, by chartering a private plane to fly his remains over the Pacific Ocean.  As funeral directors move to event planning, a charter might be a unique option for a family to celebrate a loved one’s life.  A private charter is not for everyone, but don’t make the mistake of dismissing it as an option.  As the commercial airlines continue to struggle, it can be a useful option in time of need.  A private charter can be dispatched day or night and has very few restrictions associated with the commercial airlines.  The recovering funeral home can recover directly from the aircraft, which his important when privacy is important.  If you depend on a mortuary shipper to assist in shipping cremated or human remains, you should ask them about charter options if commercial airlines are not meeting your customer’s demands.  Chances are they have used a charter in the past and can assist you in contacting a company that specializes in charters.

Conclusion

While a vast majority of the time, traditional mortuary shipping works, it is important to know there are other options available that may be useful.  A grieving family needs to be presented with all the options when traditional methods break down.  While cost may be prohibitive, the decision needs to be made by the family not the funeral director.  And most importantly it is important that you do not suggest an option that is not viable such as shipping cremated remains through the traditional air express companies.  Know the rules, but more importantly know your options.  It may come in handy the next time the traditional mortuary shipping methods break down.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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This package was complied utilizing materials provided by the National Funeral Directors Association (NFDA), the Cremation Association of North America (CANA), and the International Cemetery & Funeral Association (ICFA).  As part of this cooperative effort among NFDA, CANA and ICFA, this crematory due-diligence package is available to members of each association.  Funeral homes that use outside crematories are hiring third parties to provide an integral part of the services they have sold to a family.  As such, the funeral home has a responsibility to the family to ensure that the crematory will carry out the cremation in a legal, professional and ethical manner.  The best method to obtain these assurances, and to protect the funeral homes from liability in case of a problem at the crematory, is to carry out the four-step due-diligence process outlined below.  By carefully following each of these four steps, a funeral home will undertake important steps to protect the cremation families it serves and to reduce its own potential liability.  In addition, crematories that offer services to funeral homes should be prepared to respond to the information and document requests set forth in this package or risk losing the business of funeral homes.  Funeral homes and crematories that have questions regarding this due-diligence package should feel free to contact their respective association for guidance.

Disclaimer

The steps outlined in this due-diligence packet attempt to cover all possible situations.  As a result, many funeral homes might find that not all of the precautionary steps set forth in the packet need to be included in their review of third-party crematories.  Each funeral home must decide for itself which steps in the due-diligence packet are appropriate for the protection of the funeral home and the consumers it serves.

Internal Due Diligence For Funeral Homes

Due diligence begins with a review of the funeral homes own internal procedures.  Examine each of the following areas to ensure that the funeral home properly handles cremation cases internally.

Cremation Authorization Forms

Does your state have a cremation authorization law that dictates the disclosure that must be addressed on a cremation authorization form?  If so make sure that the funeral home is utilizing a form that is in compliance with the requirements of the state. If your state does not have such a law, make sure you are using a cremation authorization form that requires, at a minimum, the authorizing agent to attest to each of the following items:  the identity of the decedent after positive identification has been made by the authorizing agent or his/her representative–the identity of the authorizing agent and his/her legal authority for authorizing the cremation-authorization to remove and dispose of any medical devices implanted in the remains. Or a representation that no medical devices are present-permission to cremate the body and mechanically pulverize the cremated remains after a detailed explanation of the process has been provided to the authorizing agent-acknowledgement that the alternative container or casket will be cremated with the remains-specific instructions as to what disposition is to take place with any personal property (clothing, eyeglasses, jewelry) on the remains-specific instructions as to whom the cremated remains are to be delivered or, in the alternative, what other disposition of the cremated remains is to be made-certification as to the accuracy and truthfulness of all statements made in the authorization form and indemnification of the funeral home and crematory by the authorizing agent.

Identification Process

The funeral home must have in place an identification process that ensures that any body received by the funeral home has been positively identified by the authorizing agent or his/her representative.  An identification tag or medallion should be affixed to the remains throughout the entire time the body is in the possession of the funeral home.  The funeral home should have the crematory execute a receipt for the remains of the decedent at the time the remains are turned over to the crematory.  When the funeral home receives the cremated remains back from the crematory, it must also maintain a strict identification process for the cremated remains.  Identification should be attached to the urn or container holding the cremated remains and an identification tag should also be placed inside the urn or container.  If there is more than one container holding the cremated remains, both containers should be similarly identified and each identification tag should reference the fact that the cremated remains are in two containers.  Cremated remains should always be stored in a secure, enclosed area with a logbook showing when and from whom the funeral home received them and when and to whom the funeral home delivered them.  If cremated remains are placed in a pendant or other piece of jewelry, or incorporated in some other fashion into an object, that object should be identified as holding or containing the cremated remains of the decedent until such time as the funeral home delivers it to the family.

Transportation

The funeral home should deliver the remains to the crematory using its own personnel.  Funeral home personnel should confirm that the crematory operator has accepted the remains, that the crematory operator has been presented with the cremation authorization form and any necessary permits and authorization, and that the crematory operator has executed the receipt.

Handling Cremated Remains

When accepting cremated remains from the crematory, funeral home personnel should immediately inspect the urn or container to ensure that there is appropriate identification attached to the urn or container.  Once the funeral home has taken possession of the cremated remains, it should only deliver the cremated remains to the recipient designated in the cremation authorization form.  If the authorizing agent wishes to change the disposition or delivery instructions in the cremation authorization form, any such modification should be in writing, signed by the authorizing agent and delivered to funeral home personnel.  Funeral homes should always obtain an executed receipt when turning over possession of the cremated remains to the authorizing agent or a designated third party.

Insurance Review

Funeral homes should periodically have their insurance agent review their professional liability (also known as “errors and omissions”) insurance to determine if it is at adequate levels and covers liabilities for independent contractors that the funeral home utilizes, such as a crematory.  Funeral homes might also want to consider the purchase of an umbrella policy, which could cover in the event of a catastrophic court judgment against the funeral home.

Due-Diligence File

For every outside crematory the funeral home uses, the funeral home should have a “due-diligence” file.  In that fact, the funeral home will place the documentation and reports that will be generated from following the other three steps outlined in this due-diligence package.

Crematory Records Request

One important aspect of due diligence is a review of the licenses and operational records of the crematory.  A crematory should be willing to provide copies of its licenses and applicable operational records to each funeral home it serves.  A refusal by the crematory to provide the records when requested should be regarded as a red flag to the funeral home.  On page 39, the funeral home will find a records request that it should send to each crematory it uses.  If the crematory does not send the requested records or makes an incomplete response, the funeral home should follow up with the crematory to obtain the records.  Once the records are received review them to see that the crematory has proper authorization under state law, has trained its operators has adopted comprehensive operational procedures, maintained sufficient liability insurance, and utilizes appropriate authorization forms.  If you see deficiency, raise it with the crematory and have it addressed to your satisfaction.  If it is not, use another crematory.  All records obtained from the crematory should be maintained in the due-diligence file that the funeral home keeps on each crematory.  In the file, the funeral home should maintain a log showing, when the records were requested, received and reviewed and if any deficiencies were detected, when they were brought to the crematory’s attention and when the matter was resolved.  The records request should be updated at least once a year.

Crematory Interview

The third step of crematory due diligence is to interview the management of the crematory to obtain information on its personnel facilities and operations.  A list of sample interview questions has been prepared that probes each of these three areas.  Funeral homes should feel free to supplement the questions with their own inquiries.  Prior to conducting the interview, the funeral home should call for an appointment so that the crematory manager is available and has set aside sufficient time for the interview.  Funeral home personnel conducting the interview should take written notes of the responses to the questions.  IF any response is unsatisfactory or raises concerns, address it with the crematory manager immediately.  For example, if the funeral home personnel believe that the crematory’s system for ensuring proper identification of a body is insufficient, discuss it with the crematory manager and obtain written assurances that your concerns will be addressed.  If after returning to the funeral home and reviewing the responses to the question, the funeral home and reviewing the responses to the question, the funeral home still has concerns regarding the crematory, list those concerns in writing and send them to the crematory manager.  In addition, if the funeral home believes it needs further information, send a written request to the crematory listing the follow-up questions.  If the crematory does not respond in a timely manner, the funeral home can either contact crematory management again or decide not to use the crematory.  Make sure that the cremation interview sheets with your written notes, any follow up inquires, and all responses from the crematory are maintained in the permanent due-diligence file on the crematory.

Crematory Inspection

The final step in the crematory due-diligence process is to conduct an unannounced inspection of the crematory during business hours.  The unannounced inspection should be conducted at least once a year.  If the crematory refuses to permit the inspection, it is strongly recommended that the funeral home switch its business to another crematory.  Funeral home personnel conducting the inspection should use a checklist to document their findings.  If any problems are observed during the inspection, funeral home personnel should note it on the checklist, raise those concerns in writing to the management of the crematory and make sure that the problem is remedied.  A new checklist should be filled out for each inspection.  As with all other documents, maintain a permanent copy of each Crematory Inspection Checklist in the crematory due-diligence file.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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With a challenging economy laying false any claims that the funeral service profession was ever recession proof, exhibitors and attendees were hopeful for some good news as they traveled to Las Vegas for the International Cemetery Cremation and Funeral Association’s 2009 Convention & Exposition at Mandalay Bay.  There are many barometers that gauge the success of a convention.  The first would be to draw record attendance.  And this year’s event did just that, drawing a record attendance of 1.574 with suppliers filling 310 booths, according to Linda Budzinski, director of communications and membership services.  The numbers break down to:  747 total cemetery, funeral home, crematory and allied business representatives.  Of these, 18 percent represented combination cemetery/funeral home operations, 28 percent represented standalone cemeteries, 38 percent represented standalone funeral homes and 16 percent represented “others” including standalone crematories and cremation societies, profession associations and mortuary school students and faculty.  200 spouse/guest registrations, eight press passes and speakers from outside the industry, 614 exhibitor and supplier registrations.  These numbers were up from the 1,161 attendees and 498 exhibitors at the 2008 convention in San Diego.  “We feel especially good about this year’s figures because in 2007, we had 86 people from ALPAR (a Latin American death care association) and the majority of them were not in attendance this year because ALPAR’s convention conflicted with our,” Budzinski says.  “So we more than made up for the loss.”  Robert Fells, external chief operating officer and general counsel for ICCFA, was thrilled with how the convention went.  “We had record attendance at our Government and legal session on Tuesday afternoon, at one point they counted over 100 people in the room,” he said.  There was a great amount of interest in the Transportation Security Administration’s new Known Shipper requirements as well as the Federal Trade Commission’s recent advisory opinion prohibiting any discounts on the basic services fee, he said.  “At a time when many businesses are struggling and associations by and large struggling and associations by and large face challenges, it is exciting to see the incredible turnout and positive attitude the attendees and suppliers brought to the event,” said Gregg Williamson, who became president at the conclusion of the event.  Williamson, executive vice president of marketing and sales for Rose Hills Memorial Park and Mortuary in Whittier, Ca, has held many leadership positions within ICCFA, including vice president of the products and services steering committee, industry relations steering committee and education steering committee as well as board member, chairman of the sales and marketing committee and speaker at numerous educational programs.  He served as program chairman for ICCFA’s 2006 convention.  Taking over as president elect is Kevin R. Daniels of Daniels Family funeral services, Albuquerque, N.M.  Daniels has been in the funeral business for more than 30 years in many parts of the United States.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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With every death, there is one major choice that has to be made; what to do with the remains.  And as much as the industry talks about and tries to support various methods, for most of the population the choice comes down to burial or cremation.  This is a choice that’s becoming increasingly difficult to make.  One thing is for certain: cremation isn’t going to decrease in popularity anytime soon.  Just look at David Nixon’s annual cremation survey and the rising cremation rates it reveals, to Lindsay Eagan’s survey which shows that Generation Y prefers cremation by a wide margin.  So cremation isn’t going anywhere but up.  One day down the road, traditional burial may be looked at as a passe’ thing to do and cremation will be regularly accepted norm.  Of course 502 years from now, science may have advanced to the point where a deceased body can be instantly vaporized by a blast from the mortician’s handy Cremate Gun 3000, which will cost the client 400,000 North American Union Credits, but I digress.  Here in the near future, plain old cremation is primed to at least pull even with burial.  Funeral directors will have to get a better handle on cremation services and pricing in order to stay ahead of the game.  Have you adjusted our cremation prices, according to demand in the past several years?  If not the time is way past due to do so.  If you see that the cremation rate in your area is booming over the next few years, should you open your own crematory?  So like a grieving family has to make a choice between burial and cremation, you also have to make a choice on how to maximize your cremation services.  At least until they invent that vaporizing gun.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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One crematory that has faced this situation head on is First State Cremation Center, inc. in Millsboro, Del., which opened in May 2009. American Funeral Director asked one of First State Cremation Center’s shareholders, David Salmon, how the company arrived at its decision.

How Was The Natural Gas Versus Propane Situation Changed For You Over The Years

Our facility is a new venture whereby several funeral home owners and myself, a licensee without a funeral home, combined their resources to construct a facility like no other in our area.  We built our facility from the ground up as a cremation center, recognizing the increased consumer demand for cremation combined with the opportunity to provide client families a state of art facility and incorporating a witnessing room, a pet crematory and a pet merchandise resource center.  Once the shareholders accepted the building design we contacted the natural gas distributor in our area, only to find out that there was a natural gas distribution line that ran in front of our building site, not a supply line we could tap into.  In order for us to gain access to natural gas we would have to purchase a “Christmas tree” valve at $50.000 plus the cost of trenching a gas line to the building.  Hence, Plan B.  We sent out bid letters to four propane gas distributors in our area.  Three responded.  Of the three, one distributor was 4 cents less per gallon then the next lowest bidder.  The price points from the three responders were a t total of 7 cents difference.  Now that may not seem like much however, when you factor in the volume we anticipated through historical cremation all data per the funeral home owners, plus 3-4 percent annual increase in cremation call volume and adding in the per crematory, the projected volume, on an annual basis, 7 cents is a significant number.  We’re anticipation a 20,000 gallon first year volume.  The fact that the natural gas option was way out of the budget turned out to be a blessing.  With natural gas, the Public Utilities Commission regulates these suppliers in Delaware.  Propane distributors are not (regulated), and the opportunity exists to bid out propane.  Certainly, based on volume, a crematory facility may have some leverage with the natural gas supplier, but on the propane side, even a mid to high volume facility may garner a better price per gallon than with natural gas.  To keep everyone honest, based on the bid price, we found OPISnet.com (a division of UCG, the parent company of Kates-Boylston).  When we receive a propane delivery, our cremator technician notifies me of the gallon amount, price per gallon and the hazmat charge, I receive via email the daily “rack rate” from OPIS.  Our terms and conditions with our propane supplier are as follows:  The rack rate at Delaware City, Del., where they receive their fuel, plus a per gallon transport fee which is currently 11 cents per gallon, plus the bid amount.  These three prices combined add up to our per gallon price.  As it turned out, out first delivery was priced at typical commercial pricing.  I notified the distributor and advised them that I was an OPISnet subscriber and based on our bid contract they were at 70 cents over contract.  They made the corrections in their computer and the subsequent two deliveries have been spot on with the OPISnet price guide.

Do You Believe One Method Is More Efficient Than The Other

I’m not confident that one fuel is better over the other.  Some like the convenience of not having a fuel delivery truck on site, plus not having to deal with underground or above ground storage tanks.  Ultimately, a crematory operation should spend a great deal of time looking at the peaks and valleys of fuel prices of any source determine the volatility of each compared to the price.  We have three 1.000 gallon tanks buried on the premises to handle the projected at 1.6 months worth of operation (with reserve).  We have installed high pressure meters (at $225 each) for each unit to get readings at the start of a cremation and at the end of a cremation to determine fuel consumption in 100 cubic feet increments for humans and pets.  Based on usage and applying the conversion formula from cubic feet to gallons, we are able to zero in on the gallons of usage per cremation within 100 cubic feet (the meter factor).  Our units are using at 23 gallons for the first cremation and at a 15 percent reduction in fuel usage for each subsequent cremation.  Based on Delaware Department of Natural Resources and Environmental Control code we can operate during daylight hours.  There have been discussions as to which fuel burns hotter (propane), yet which fuel is deemed more efficient and less costly (natural gas).  In my opinion based on last year’s run up in oil, gasoline, propane and natural gas prices and the volatility in the oil markets, whatever fuel a crematory is using (and yes there are some out there still using heating fuel oil in their units) it makes sense to get the most out of your dollars by shopping around or meeting with the natural gas supplier to try and negotiate a better price.  If a crematory is currently using natural gas and is considering switching to propane, there will be some cost involved (the burner orifice the thermal coupler, spark plugs, etc).  Plus it will require propane tanks or tying you to the supplier to provide the tanks.  If you purchase the tanks, be certain you get a certificate of sale with the tank ID/serial numbers on the documentation, along with the meters and pressure valves along where applicable.  The piping for natural gas is the large 2 inch pipe.  This is the pipe we installed and is fine for propane.  The propane meters are high pressure, and the system must maintain an 11 inch water column during the entire operation.

Do You Know Of Any Other Crematories That Are Going Through The Same Situation

I shared this information with a funeral home/crematory operation I know in Virginia.  He had suspected that his fuel usage was at 40 gallons of propane per cremation.  After reading his meter and using the formula to calculate fuel usage, he contacted his propane dealer.  The difference in what he was billed and what he used was significant.  They discovered a leak between the tank and the meter.  He was issued a credit of $5,200.  That’s at 2,500 to 3,000 gallons of propane he had paid for and didn’t use.  If he hadn’t had a meter, this would have been extremely difficult to prove.  The conversion formulas are readily available online for all fuel types.  You will need a source (OPIS) to determine the rack rate from the port your distributor is receiving propane or pipeline for natural gas.  However, unless your unit is metered, using the fuel conversion formula and subscribing to OPID is a moot point.

If you or a family member have any further questions or concerns with respect to cremation, cremation services, cremation costs or a direct cremation please feel free to contact Cremation Options toll free 24 hours daily at 1-877-989-9090.

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