S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4027
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. PERRY,
   RIVERA -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  the  alternative
   pricing  methods  in  the sale and offering of funeral merchandise and
   services; and providing for the repeal of  such  provisions  upon  the
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3440-a of the public  health  law,  as  amended  by
 chapter 534 of the laws of 1983, is amended to read as follows:
   §  3440-a.  Statement  to  be  furnished  by certain licensed persons,
 funeral directors and funeral firms when funeral arrangements are  made.
 1.  Every  person  licensed  pursuant to this article, including funeral
 directors and funeral firms, shall furnish at the time funeral  arrange-
 ments  are  made  for the care and disposition of the body of a deceased
 person, a written statement showing thereon the price  of  the  funeral,
 which  shall include an itemized list of the services and merchandise to
 be furnished for such price and a statement of  the  cash  advances  and
 expenditures to be advanced.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 FUNERAL FIRMS MAY OFFER PACKAGES OF GOODS AND SERVICES, AS LONG AS  THEY
 ARE  OFFERED  IN ADDITION TO, AND NOT IN PLACE OF, ITEMIZED PRICES. IF A
 PACKAGE OFFERING IS SELECTED BY THE PERSON MAKING FUNERAL  ARRANGEMENTS,
 THE  CHARGES MUST BE LISTED AND PROVIDED TO THE PERSON ON AN ITEMIZATION
 STATEMENT. PACKAGE PRICES MUST BE BROKEN DOWN AND LISTED BY THEIR COMPO-
 NENT PARTS ON SUCH ITEMIZATION STATEMENT, EXCEPT FOR DIRECT  CREMATIONS,
 DIRECT  BURIALS,  FORWARDING  OF  REMAINS  AND RECEIVING OF REMAINS. THE
 PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY MEMORIALS  AS  DEFINED
 IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-FOUR
 OF THE GENERAL BUSINESS LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07512-01-9
              

 A. 4027                             2
 
   § 2. The consumer protection division shall  cause  a  review  of  the
 effectiveness  of  the  provisions of subdivision 2 of section 3440-a of
 the public health law. Such review shall be presented in the form  of  a
 report.  A  copy of the report shall be submitted on or before the three
 hundred  sixty-fifth  day  after this act shall have become a law to the
 governor, the temporary president of the  senate,  the  speaker  of  the
 assembly,  the minority leader of the senate, and the minority leader of
 the assembly. Such report shall contain, at a minimum,  any  legislative
 recommendations  to  improve  the  effectiveness  of  the  provisions of
 section 3440-a of the public health law.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law and shall expire and be deemed repealed one year after
 such  effective  date.  Effective  immediately,  the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized to be made on or before
 such effective date.