Latest News
Legal Bulletin - 11.8.2019
Provided by T. Scott Gilligan, General Counsel
Digital Director - October 24, 2019
Editor's Note
OFDA Board of Directors Legal Report - October 16, 2019 Meeting
Prepared by T. Scott Gilligan, OFDA Legal Counsel
OFDA Board of Directors Legislative Report - October 16, 2019 Meeting
Prepared by John T. McGough
OFDA Board of Directors Legal Report - July 24, 2019 Meeting
Prepared by T. Scott Gilligan, OFDA Legal Counsel
OFDA Board of Directors Legislative Report - July 24, 2019 Meeting
Prepared by John T. McGough
FAQs on Indigent Disposition in Ohio
By T. Scott Gilligan, OFDA General Counsel
OFDA Board of Directors Legislative Report - January 16, 2019 Meeting
Prepared by John T. McGough
OFDA Board of Directors Legal Report - January 16, 2019 Meeting
Prepared by T. Scott Gilligan, OFDA Legal Counsel
OFDA Obtains Clarification on Cremation Issues
Prepared by T. Scott Gilligan, OFDA Legal Counsel
Scott Gilligan Legal Quiz
Digital Director answer of the week!
Body Donations by Government Officials
By T. Scott Gilligan, OFDA General Counsel
The obligation for townships and municipalities to pay disposition costs for deceased indigent residents is statutory; it is not discretionary.
Coroner or No Coroner, How Do You Know?
by: Mark Kassouf, Assistant State Registrar/Chief Fraud Officer, ODH
How do we know if a death should be a coroner's case?
NFDA Special Bulletin - TSA "Known Shipper" Regulations
Provided by NFDA
Effective July 1, 2009, the Transportation Security Administration (TSA) mandated that all human remains shipments originating in the U.S. or its territories must be tendered by a "known shipper."
Preneed Compliance Manual for Ohio's New Preneed Statute
By: T. Scott Gilligan, OFDA General Counsel
BECAUSE OF THE NEW CONTRACT DISCLOSURES AND MANDATORY NOTICES REQUIRED BY THE LAW, A FUNERAL HOME THAT DOES NOT REVISE ITS PRENEED CONTRACTS BEFORE JULY 5, 2009 WILL BE IN VIOLATION OF THE LAW
Master Trust Update
By: Stephen J. Gehlert, Excecutive Director
The Master Trust continues to protect your pre-need investment with a minimum crediting rate that is unique, safe and extremely valuable in today's economy.
Executive Director's Message - A New Year & New OFDA Communications
By: Stephen J. Gehlert, Excecutive Director
As we begin a new year, OFDA's unveiling new initiatives we believe will dramatically enhance our communication with our members.
Young Funeral Directors Committee Guest Column
by Jill Pugh, Schoedinger Funeral Service, Columbus
Would you be mine?Could you be mine?
Won't you be my,mentor?
Resource Center
By: Janet Blankenship, Resource Coordinator
Mark Your Calendars for the Following Events/Seminars in 2009!
Ohio Enacts New Pre-Need Law
By: T. Scott Gilligan, OFDA General Counsel
SB 196, which was signed by Governor Strickland on January 6, 2009, will go into effect on April 6, 2009.
Required Forms for Posting in your Funeral Home
There are some new forms for 2009
Funeral homes are getting mail from companies that are trying to sell the required posters for large fees. Download them here for free.
OFDA Master Trust Update
Stephen J. Gehlert, OFDA Executive Director
Despite an unusually volatile market in 2008, the Master Trust continues to protect your pre-need investment with a minimum crediting rate that is unique, safe and extremely valuable in today's economy.
Issues Under The Right of Disposition Law
By T. Scott Gilligan, OFDA General Counsel
With the second anniversary of the Ohio Right of Disposition law having just occurred, it may be worthwhile to take a look at certain issues that have arisen under the new law.
Young Funeral Directors Committee
Guest Column by Rick Kaufhold, CFSP, Routsong Funeral Home, Kettering
"It's the most wonderful time of the year..."
No, I don't mean the holidays are upon us. I mean it's politics season!
Proper Glove Storage and Life Expectancy
By Barb Garrison, M.S., CHMM, CET
"Did you know some glove manufacturers have assigned expiration dates for their gloves?"
Our Financial Strength In Troubling Financial Times
Kris Seale, President and CEO - FDLIC
Our conservative investment philosophy allows us to withstand uncertain economic times and the emotional ups and downs of Wall Street.
Resource Center
By: Janet Blankenship, Resource Coordinator
I've just returned from the annual fall conference of the Ohio Hospice & Palliative Care Organization and would like to share a few things I found there.
Market Overview
JPMorgan Asset Management
The past several months have brought sweeping changes to the financial services industry that continue to reverberate throughout the global financial system.
Executive Director's Message
By: Stephen J. Gehlert, Executive Director
Not Just Returning Home; Returning Home with Honor
Young Funeral Directors Committee Guest Column
By Amanda Crates, Coldren-Crates Funeral Home, Findlay
With the Holiday Season ever approaching, we as funeral professionals look to the care of our clientele during this ever emotional time of the year.
Ohio Law Restricting Location of Crematory Does Not Apply to Funeral Home
By T. Scott Gilligan, OFDA General Counsel
"Prior to the retort being installed in the funeral home, the objecting neighbor threatened legal action if the crematory was installed."
What Does OSHA Mean by a "Suitable" Emergency Shower and Eyewash?
By Barb Garrison, M.S., CHMM, CET
A good question that doesn't have a clear answer!
Resource Center
By: Janet Blankship, Resource Coordinator
Looking for remembrance items to give to a family or for a family to hand out at visitation or a service?
MAKING CLAIMS ON NPS PRENEED INSURANCE POLICIES
By T. Scott Gilligan, OFDA General Counsel
"The wording in some of the releases and instructions has caused confusion and consternation to funeral homes holding NPS preneed contracts. In this update, we attempt to clarify the confusion."
Executive Director's Message - Honor the Past; Manage the Present; Create the Future
Don't reject the wonderful traditions that make funeral service so valuable to our families. Rather, find new ways to enhance these experiences for families living in a web-based culture.
President's Message: Are You Taking Full Advantage of Your OFDA Membership?
By: Walt Lindsey, CFSP, OFDA President
Why not look into some of these services and see how they can help funeral directors and the families we serve?
Should you be Storing Your Chemicals in a Flammable Cabinet?
By Barb Garrison, M.S., CHMM, CET
"You might check to see what other potentially flammable materials you have onsite and check the products' MSDSs."
IRS Increases Business Mileage Rate
By T. Scott Gilligan, OFDA General Counsel
Due to the unprecedented increase in gas prices, the IRS has created an exception this year and calculated a new mid-year increase.
Young Funeral Directors Committee Speaks at CCMS
Guest Column By Young Funeral Directors Committee Member Erika Unzner, Rutherford Funeral Homes
Deciding to enter the funeral profession should be looked at as a calling and not as an inheritance.
Indigent Funeral Statute Renumbered
By T. Scott Gilligan, OFDA General Counsel
In the 2007 budget bill (HB 119), 5101.521 was renumbered and taken out of Chapter 51. It is now located in 9.15 of the General Provisions preamble to the Ohio Revised Code.
How to Evaluate Internet-Based Continuing Education Services
By: Gary Henkel, CEO of FuneralCE
Although potential benefits of online CE services are great, not all companies offer the same levels of service.
Fire Extinguisher Inspections
By Barb Garrison, M.S., CHMM, CET
Let Barb help your firm avoid an OSHA citation.
URGENT UPDATE
By: T. Scott Gilligan, OFDA General Counsel
The problems confronting National Prearranged Services, Inc. (NPS) and its affiliated insurance company, Lincoln Memorial Life Insurance Company (Lincoln Memorial), continue to mount.
Resource Center
by Janet Blankenship - Resource Coordinator
Meet the speakers after their presentations and have your book(s) signed Wednesday & Thursday at the OFDA Booth.
President's Message - The Difference Between 211F and 212F
by Keith Walker, CFSP, OFDA President
"With all I have to be thankful for, am I doing all I can do to be the best I can be in each of the roles I fill in life?"
President's Message - Either Way, the Decision Should Be Deliberate
by Keith Walker, CFSP
We have all been granted just so many years. Let's make sure we live the years we have as deliberately and with as much purpose as possible.
Executive Director's Message - Seeking Hidden Treasure
By Stephen J. Gehlert, Executive Director
There seems to be recurring interest in the concept of Pirates and their constant search for treasure.
UPDATE ON PRENEED ISSUES
By: T. Scott Gilligan, OFDA General Counsel
In the past few months, there have been new and renewed regulatory initiatives that could impact the methods that Ohio funeral homes use in selling preneed funeral goods and services to consumers.
SSA-721 FORM NOT REQUIRED BY SSA FOR OHIO DEATHS
Due to the success of EDRS, the Social Security Administration (SSA) no longer requires an SSA-721 form to report an Ohio death.
SCAM ALERT
Summer Scams are back
Our office has recently learned that funeral related scams are on the rise again.
OHIO'S INDOOR SMOKING BAN GOES INTO EFFECT
By: T. Scott Gilligan, OFDA General Counsel
ATTENTION: OFDA just received the following information from our Legal Counsel, Scott Gilligan regarding Ohio's Smoking Ban. Please take note as this IS EFFECTIVE Thursday, May 3, 2007.
New Minimum Wage Poster Requirements
By Barb Garrison, M.S., CHMM, CET
Have you been approached by companies trying to sell you posters that they say you are required to post in your workplace, including the new minimum wage poster? Maybe we can help clarify things for you.
ODH EDRS Online Help
Visit the Ohio Department of Health online resources for EDRS assistance.
Executive Director's Message - Ducks on Roller Skates
by Stephen J. Gehlert, Executive Director
Recently I heard a story I believe has great value to think about as we begin a new year.
Disinfectant Survey Please Participate!
By Barb Garrison, M.S., CHMM, CET
Is the disinfectant you're using in the prep room appropriate? Maybe, maybe not.
Resource Center - Upcoming Events
by Janet Blankenship - Resource Coordinator
Mark Your Calendars for the following Events/Seminars!
EDRS Help Desk
Ohio Department of Health
Contact information for the new Electronic Death Registration System Help Desk
DEALING WITH UNCLAIMED REMAINS
By: T. Scott Gilligan, OFDA General Counsel
Ohio law requires funeral directors to certify in writing that they made a good faith effort to locate relatives.
Follow-Up Information To Ohio's New Smoke Free Law
By: T. Scott Gilligan, OFDA General Counsel
Since the previous article was posted, many members have posed several questions regarding the new Smoke Free Law. In this article, we address those questions.
OHIO'S NEW SMOKE FREE LAW
By: T. Scott Gilligan, OFDA General Counsel
"As places where the public is invited and where individuals are employed, Ohio funeral homes are subject to the new smoke free law."
Executive Director's Message - The Value of Community
by Stephen J. Gehlert, Executive Director
I would like to address another aspect of Association activity we don't often consider. That is the incredible Value of Community available to each of us through our Association commitment.
President's Tour
May 16-24, 2007
Join us for a wonderful trip to Switzerland - 4 Countries from One Hotel!
Create a Health Portrait of Your Family!
By Barb Garrison, M.S., CHMM, CET
The U.S. Surgeon General's Office has developed a FREE web-based tool called My Family Health Portrait that allows you to create a personalized family health history report.
Resource Center
by Janet Blankenship - Resource Coordinator
Traumatic loss & sudden death resources are highlighted.
President's Message - A Meaningful Invitation
By: Jon Deitloff, CFSP, OFDA President
"Very few of us in funeral service have trouble understanding the reward involved in serving others."
President's Message: Every Voice Is Important
By Jon Deitloff, CFSP, OFDA President
Your association values your opinions and listens to all comments.
President's Message - So What's Your Story?
By Jon Deitloff, CFSP, OFDA President
Funeral service has a wonderful story to tell but unfortunately it gets told far too seldom.
Legislative Update
A report on HB 426
BioGift ALERT
OFDA members have notified us of correspondence they have received from a company called BioGift. Scott Gilligan, OFDA Legal Counsel, has researched this company and suggests that funeral homes do not respond to the requests from this company.
CREMATION JEWELRY SCAM ALERT
By: T. Scott Gilligan, OFDA General Counsel
OFDA members are strongly urged to ignore and disregard any cremation jewelry orders from outside of the country, especially Nigeria
President's Message - Hit the Ground Running And Didn't Look Back!
By: Kenneth A. Cahall, OFDA President
It seems that it was only yesterday that I became the President of OFDA at the 125th annual convention, but a year has come and gone.
Safeguards Against Preneed Fraud
By: T. Scott Gilligan, OFDA General Counsel
OFDA members should ensure that the following three requirements are strictly followed in all preneed transactions by the funeral home.
Summer Camps for Grieving Children
We encourage you to contact the camp hosts directly, should you desire to support their efforts financially or with your gift of time.
Funeral Directors Flock to EDRS
Ohio Department of Health
Since the Ohio Department of Health, Office of Vital Statistics began offering the Electronic Death Registration System (EDRS); funeral directors have registered in record numbers.
CLARIFICATION ON SALES TAX OF PRENEED CONTRACTS
By: T. Scott Gilligan, OFDA General Counsel
The March, 2006 OFDA Newsletter contained an article on sales tax compliance by Ohio funeral homes. The issues discussed in the article generated quite a few calls to OFDA so Scott Gilligan provides additional information.
It's Not About Your Product - It's About the People Who Use It!
by Stephen J. Gehlert, Executive Director
Learn about the "Fundamental Disconnects of Business today"
Ohio Sales Tax Compliance by Funeral Homes
By: T. Scott Gilligan, OFDA General Counsel
Within the tax rules there are several exceptions which funeral homes must be aware of to avoid liability for unpaid sales tax and to avoid collecting sales tax when it is not due.
President's Message - No Script for Fulfilling The Family's Wishes
By: Kenneth A. Cahall, OFDA President
As we work with families in our funeral homes, we are ever conscious of letting families express themselves and of conforming to their wishes.
Handling Remains That Contain Drug-Resistant Acinetobacter
By: Erin Brown, Industrial Hygienist, Safex
Though Acinetobacter infections rarely occur outside of healthcare settings, embalmers and those who handle remains should be aware of this drug-resistant group of bacteria.
Resource Center
By: Janet Blankenship, Resource Coordinator
Death, Dying & Bereavement Events/Seminars for 2006
Executive Director's Message - The Power of Legacy
by Stephen J. Gehlert, Executive Director
"The big question is whether we are working on inspiring, mentoring, and encouraging the future generations of caregivers in this unique profession."
Right of Disposition Case Underscores Need for New Law
By: T. Scott Gilligan, OFDA General Counsel
OFDA has been working over the last year with the Ohio Bar Association to put together a right of disposition law.
FTC Sweep in Ohio
FTC Sweep of 12 Columbus Area Funeral Homes Finds 6 Homes In Full Compliance with Consumer Protection Law
New Master Trust Investment for the New Year!
All of the Upside Potential with Downside Protection
A new, professionally managed Trust Product by Bank One/JP Morgan Asset Management for Master Trust II is available January 1, 2006.
Member Reponse Needed
For Ohio Department of Health - Pandemic Flu Planning
In order to obtain some baseline numbers for the Ohio Department of Health, we are asking ALL of our members to complete a survey.
President's Message- A Tiny Bit Of What We Owe
By: Kenneth A. Cahall, OFDA President
Christmas will be coming soon and some credit is due to our U.S. service men and women for our being able to celebrate these festivities.
Executive Director's Message - Time to Reflect on Our Many Blessings
by Stephen J. Gehlert, Executive Director
As another Holiday Season approaches, and as we contemplate the arrival of a new year, let's all take a moment to reflect on the many blessings we have to be thankful for.
Issues Surrounding the Authorization of Cremation
By: T. Scott Gilligan, OFDA General Counsel
Since cremation is an irreversible process and wrongful cremation cases involve liability awards averaging $350,000, it is prudent for funeral homes to check and confirm their interpretation of the statute
Resource Center
By: Janet Blankenship, Resource Coordinator
A free brochure on how to plan a candle lighting service; poster and additional information are available to you.
Mission Statements Are Not Just for Businesses
by Stephen J. Gehlert, Executive Director
"We have to be completely dedicated to living our Mission Statements everyday."
Are You Ready for the Bird Flu?
By Barbara K. Garrison, M.S., CHMM, CET, Safex
We have been hearing a lot about the threat of a bird flu pandemic have you thought about what implications such an event would have on funeral home operations?
Ohio Introduces its New Electronic Death Registration System (EDRS)
by Mark Kassouf, Assistant State Registrar
The State of Ohio is making the Web based EDRS system available free of charge to all funeral directors.
IMPORTANT NOTICE TO ALL LICENSEES
From the State Board of Embalmers and Funeral Directors
Electronic Death Registration System Announcement
President's Message - People are Mending But Need Our Help
By: Kenneth A. Cahall, OFDA President
Hurricanes Katrina and Rita were very devastating storms that wreaked total destruction over such a vast area. OFDA extends our deepest concerns and sympathies to those that have lost loved ones, homes and businesses. In disasters, funeral service is always there to serve.
Workplace Wellness Promotes Healthy Lifestyle for Employees
By Gary Hanson, President, American Safety & Health Management Consultants, Inc.
Obesity is an important issue among the American workforce, and the declining health of employees should be a concern to all employers.
Flesh-Eating Bacteria: Another Good Reason to Observe Universal Precautions!
By Barbara K. Garrison, M.S., CHMM, CET, Safex
If you are an embalmer or assist in the handling of remains and you need another good reason why you should observe universal precautions: necrotizing fasciitis (NF).
Executive Director's Message - The Qualities of Leadership
by Stephen J. Gehlert
Last month, the Executive Committee of OFDA and myself had the opportunity to attend the Annual NFDA Leadership Conference. Bob Ash, one of these keynote speakers, gave a powerful presentation on the final day of the conference and I would like to share some of his ideas with you.
Protecting Bereaved Families from Fraud
By: T. Scott Gilligan, OFDA General Counsel
Many funeral homes routinely alert families about the risks of fraudulent acts that may be directed against them during the time of a funeral. Learn more here.
President's Message - I Will Always Have a Voice And So Will You
By: Kenneth A. Cahall, OFDA President
In July's newsletter the OFDA committee rosters were listed. On those two full pages, there were sixteen different committees made up of our dedicated colleagues, who serve our best interests. To me, this is what makes an association strong.
Do You Really Have to Weigh Your Infectious Waste?
By Barbara K. Garrison, M.S., CHMM, CET
Yes, you really do. The requirement is found in the Ohio Administrative Code 3745-27-30. Learn more here.
President's Message - An Honor to Be President of OFDA
by Bob VanHorn, OFDA President
I'd like to share some of my experiences and projects the executive committee has been able to accomplish this year.
Incoming President's Message - Let's Make a Difference!
By OFDA President, Kenneth A. Cahall, CFSP
The stakes were high at the 125th Annual Ohio Funeral Directors Convention and Exhibition April 13 15 in Columbus.
Executive Director's Message - Blessed To Be a Blessing
by Stephen J. Gehlert, Executive Director
Excerpts from the 2005 Convention Message including "Remember that we make a living by what we get, but we make a life by what we GIVE!"
Motivating Employees is Key to Successful Safety Program
By Gary W. Hanson, President of American Safety and Health Management Consultants, Inc.
One of the most important aspects of any safety program is developing the proper attitude toward safety.
Resource Center Corner
Janet Blankenship, Resource Coordinator
Thanks to All Who Stopped by the OFDA Booth During Convention! Convention Specials available until May 31, 2005
Executive Director's Message - Servant Leadership is Key
by Stephen J. Gehlert, Executive Director
As we begin a new year, it is a great time to reflect on the accomplishments of the past and to prepare a plan for continued success in the future.
Presidents Message
by Bob VanHorn, OFDA President
The magic of the holiday season is here once again. It's time for the annual miracle to occur. You'll see and hear it everywhere, mirrored in a child's eyes in a friendlier greeting a warmer handshake a brighter smile.
Master Trust is now ONLINE
Access your account balances via the new features at the ASI website: www.administrativesystems.com
President's Message - Today Is Built On Yesterday
by Bob Van Horn, CFSP, OFDA President
Our past traditions mold us into what we are today. The people who have been in our lives have taught us and guided us along the way.
The OSHA Website A Valuable Tool
Kathleen Murdock, Safex, Inc.
OSHA plays a vital role in preventing on-the-job injuries and illnesses through outreach, education, and compliance assistance and all of this is offered through the OSHA website. Learn more about what it can do for you here!