2010 NFDA Public Policy Positions
NFDA members may click the links below to view further background informaiton about NFDA's public policy positions (log-in required).
For additional information about NFDA's public policy positions, contact a member of the Advocacy Division staff:
- John Fitch, senior vice president of Advocacy, This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 202-547-0441
- Lesley Witter, director of political affairs, This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 202-547-0877
- Corey Eggers, Advocacy Division coordinator, This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 800-228-6332
PRIMARY ISSUES
- Affordable Health Insurance for Small Business: That NFDA strongly support legislative and regulatory initiatives that improve access to affordable health insurance for small business.
- Reduce or Eliminate the Federal Estate Tax: That NFDA strongly support federal legislation that would permanently increase the estate tax exclusion and reduce the rate.
- Codify SSI Irrevocable Funeral Trust Exclusion: That NFDA initiate federal legislation to codify the current SSA policy that irrevocable funeral trusts are not assets for purposes of determining eligibility for the Supplemental Security Income (SSI) program.
- Environmental Health and Safety: That NFDA continue its efforts to identify and address current and emerging environmental, health and safety issues affecting funeral directors, educate the various federal, state and local environmental and related enforcement agencies, policymakers, elected officials and the public on the safety of the embalming process and chemicals, and the waste stream discharge from funeral homes to public health and safety. Further, NFDA will continue to promote federal, state and local environmental laws that recognize this reality and to oppose those that are misguided, unnecessary, burdensome and costly for funeral homes. In addition, NFDA will continue to encourage the development of workplace and environmentally and personally safe embalming chemicals and funeral service products and to urge the development of these products by the suppliers and manufacturers of those products. NFDA will undertake proactive educational and communications initiatives to promote and educate NFDA members on practices and products that protect their health and safety and the environment in which they live and work. NFDA also will assist its members to become environmentally aware funeral homes and will develop materials and information to educate our members about "green funerals and burials" and to use with families who inquire about them.
- Federal Mass-Fatality Plan: That NFDA continues its active involvement with all relevant federal or state departments, agencies and private organizations to insure that the role of funeral service in any natural or man-made mass fatality disaster is clearly defined and adequately reflected in their policies.
- Simplified Union Organizing Rules: That NFDA oppose any change that lessen the current federal requirements to establish and certify a labor union.
FUNERAL RULE RELATED ISSUES
- Regulation of Preneed Funeral Contracts: That NFDA work with the Congress, federal and state regulatory agencies, state funeral director associations, consumer groups and other interested parties to enact appropriate additional consumer protection provisions to state preneed laws and regulations as contained in our Preneed Guidelines. In addition, NFDA stands ready and willing to participate in the formulation of such policies and to work with Congress, the Federal Trade Commission or any other federal agency and consumer groups to achieve an equitable solution for everyone at either the federal and/or state levels.
- Variable Service Fee: Continue to advocate and encourage the FTC to amend the Funeral Rule and replace the static Basic Services Fee with a variable Basic Service Fee that funeral homes could set depending upon the type of funeral and disposition selected by the consumer.
- Petition FTC for Changes in Current Funeral Rule: That NFDA renew its petition asking the FTC to clarify the vague and overly broad price list distribution requirements and to institute other operational modifications to the Funeral Rule that reflect current marketplace or business practices.
NEW ISSUES
- Tax Deduction or Credit for Indigent Funeral Expenses: That NFDA initiate and support federal legislation to provide a tax credit and/or deduction for the unreimbursed expenses related to a funeral home providing indigent funeral and/or final disposition services and/or merchandise.
- Federal Regulation of Cemeteries, Crematories and Other Sellers: That NFDA work with Congress and/or the FTC to adopt legislation or rules to regulate any entity or individual that sells or offers to sell funeral and/or final disposition goods, or services to the public and who are not now covered by the Funeral Rule.
SECONDARY ISSUES
- Preserve SSI-Medicaid Funeral Trust Exclusions: That NFDA strongly support retention of the current SSI/Medicaid exclusion for funds set aside for funeral and burial expenses and strongly oppose any effort or initiative to repeal or otherwise limit this exclusion.
- Non-Profits Entering Funeral Service: It is recommended that NFDA continue to monitor and research the issue of whether and the extent to which any 501(c) (3) organization may participate in the funeral service business on either a tax-exempt or for-profit basis. If the facts and circumstances warrant, NFDA will raise the appropriate legal, ethical, tax and public policy concerns with Congress, the Federal Trade Commission, the Treasury Department and either directly or through our state funeral service associations with appropriate state and local officials.
- OSHA Reform: That NFDA continue to support legislation, regulations and policies that reshape OSHA into an agency that listens to and works with business to craft industry-specific, performance-based, safety and health workplace practices that are based on commonsense and practical reality rather than academic or theoretical concepts or punitive regulations or enforcement policies.
- Military Funeral Honors: That NFDA continue to work with Congress, the Department of Defense, individual Service Branches, various veterans service organizations and other interested parties to improve the military honors program and insure that implementing policies regarding the providing of military honors for qualified veterans reflect congressional intent and continue to address our specific concerns.
- Small Business: That NFDA initiate, support and/or advocate for legislation, rules and regulations that recognize the unique needs of small and family-owned businesses and create and foster an economic environment that allows them to grow and prosper and to oppose those that thwart that objective.
- Regulatory Reform: That NFDA support any and all legislation or policies that would reform the federal regulatory process and reduce the costly, burdensome, unnecessary and redundant regulatory burden on funeral homes.
- International Shipping Standards: Establish or support uniform international shipping standards for human remains.
- Infectious Disease Inoculations: Funeral service personnel should be included as a priority group eligible for voluntary inoculation against any and all infectious/contagious diseases or biologic agents.
- Emergency Reciprocal Licensing: That NFDA and its state associations promote federal, state and local government policies that provide emergency reciprocity to any active licensed funeral director and/or embalmer in the event of a mass disaster situation
- Veterans Funeral and Burial Benefits: That NFDA support any and all legislation that would enhance and increase the funeral and burial benefits for veterans and their families.
- Establish State-Based Written Price Disclosures: In lieu of any federal regulations, support the adoption of state-based written price disclosures for all sellers of cemetery and/or crematory goods or services.
- Organ and Tissue Recovery and Donation: The funeral director will respect the family's wishes to donate and NFDA will encourage its members to support the concept of donation. It is recommended that NFDA continue to nurture relationships with all relevant groups, organizations, Congress and the Department of Health and Human Services (HHS) to adopt and implement national, state and local policies for: appropriate recovery procedures; appropriate reimbursement; on-site recovery and referrals; proper and ethical marketing and promotion by procurement organizations; and, timely notification and disclosure of relevant information to all parties involved in the consent and procurement process.
- Subchapter S Corporation Laws and Regulations: That NFDA support efforts to protect, modernize and improve S corporation laws and regulations.








