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Washington Report
January 2003
GAO Meets with State Groups, Officials
by Robert M. Fells, Esq., general counsel
The U.S. General Accounting Office, the investigative arm of Congress, has been interviewing leaders of state trade associations, regulators and consumer advocates as part of its ongoing review to determine whether state laws adequately protect consumers or if federal regulation is necessary. The investigation was requested by Sen. Christopher Dodd (D-CT) and Rep. Mark Foley (R-FL), though both legislators subsequently introduced bills into Congress without waiting for the GAO to conclude its investigation and make recommendations. The bills, S. 3168 and H.R. 5743, were introduced on November 14 (see the November Washington Report for details) but expired a few days later when the 107th Congress adjourned. However, the ICFA understands that both Dodd and Foley intend to reintroduce the proposed legislation when the 108th Congress convenes this month.
GAO staff circulated a list of 37 questions to the groups they interviewed, including whether state associations had developed model guidelines or proposed legislation regarding any aspect of the death care industry. (Since 1998, the ICFA has circulated a series of Model Guidelines for State Laws and Regulations for use by industry trade associations). The questions also dealt with statistics, the types of state statutes and regulations currently in effect, administrative procedures (including licensing, certification and renewals), enforcement, consumer protection and whether the associations believed "there is a need for the federal government to take a more active role in regulating the death care industry." The GAO also asked, "What are your thoughts on whether the FTC's Funeral Rule should be expanded to cover cemeteries or other providers?"
So far, GAO staff has interviewed industry officials, regulators and consumer advocates in Georgia, Florida, New York, Hawaii and Texas. Meetings with similar representatives in California are also scheduled, and the GAO questionnaire may be circulated by e-mail to other states. The ICFA staff met with GAO investigators in July and provided them with data on state laws, model guidelines and other materials. The GAO staff expects to have its report published by July, and its findings may influence the progress of the Dodd/Foley legislation.
ICFA members will be kept informed of important developments through this column and through the bi-weekly ICFA WIRELESS e-mail newsletter.
Copyright ICFA 2003
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