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Washington Report
January 2007
ICCFA Opposes FL Hospice Application to Offer Funeral/Burial/Cremation Services
by ICCFA General Counsel Robert M. Fells, Esq.
In early December, the ICCFA filed comments with the Florida Board of Funeral, Cemetery and Consumer Services in opposition to the application of Hope Hospice of Southwest Florida to offer funeral services, including burials and cremation, to its clients and families.
A new entity would be established by Hope Hospice known as Hope Memorial Care Inc. of Fort Myers to provide the funeral-related services. In its comments, the ICCFA states: "As far as we know, the application in question creates a case of first impression whereby a hospice desires to provide funeral-related services for its clients who, by definition, are terminally ill. The ICCFA is extremely concerned over the adverse public policy consequences when end-of-life caregivers start recommending services unrelated to the personal care they normally provide, and the organization is compensated."
The ICCFA points out that this issue is analogous to the reasons why "many states have laws prohibiting funeral directors from recommending a cemetery to a family if compensation is received due to the referral. It's just a bad practice. The ICCFA believes these same public policy considerations illustrate why funeral homes and cemeteries should not be allowed to own or operate hospitals, or why a doctor should not have a business interest in a funeral home or cemetery. To the best of our knowledge, hospices do not own pharmaceutical companies or sell medical supplies, nor should they. Few would disagree that such ancillary services could seriously compromise the integrity of the mission of hospice."
The ICCFA observed that "a similar type of conflict of interest controversy is raging in other states regarding the role of funeral homes involved in tissue recovery and harvesting. At the very least, additional regulation is needed, but some maintain that mortuaries should not be involved in the process under any circumstances for the same reason present in this situation: bad public policy."
The ICCFA comments concluded by warning that a bad precedent would be set in Florida should the Hope Hospice application be approved: "Florida consumers should be protected against any organization taking advantage of them at the time of the death of a loved one." The full text of the ICCFA comments can be viewed at the Association's web page at www.iccfa.com/
Copyright ICCFA 2007
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