Association Sets 2025 Legislative Agenda

By Randy McCullough, Director of Government Affairs

The NYSFDA Government Affairs Committee, under the leadership of President-Elect Michael J. Gorton, Jr., CFSP, met in the afternoon of Wednesday, December 4, 2024 to receive an update on all legislative issues that were prioritized for the year, as well as on a few new items that had arisen since the Legislature adjourned in June and were new bills that concerned funeral service. The Committee then discussed and established for recommendation to the Board of Directors a list of legislative priorities for the upcoming 2025 Legislative Session, which commences in January.

What follows are NYSFDA’s 2025 Legislative Priorities in descending order as adopted by the Board at its meeting on December 5, 2024.

• Advocate with key stakeholders to strengthen the funeral director residency program by establishing minimum standards for residents, who will be supervised by “preceptors” in helping them to meet these standards. In addition to setting the specific roles and responsibilities of a preceptor, the legislation would also require a discernment period for all residents. These hallmarks reflect the final report of NYSFDA’s “Task Force on Reforming Funeral Service Education”.
• Further our efforts to secure the passage of legislation that will clarify the responsibility of Hospice Agencies for securing a signed death certificate for individuals who are under hospice care and pass away at home or in any setting other than a hospital or nursing home. Bills have been introduced in both the Senate and Assembly at our request.
• Advocate for legislation that would further strengthen the NYS Final Disposition Law, including giving county public administrators additional legal protection when authorizing cremations.
• Require funeral directors, as part of their supervisory duties, to supervise the interment of cremations in a cemetery.
• Continue our work to obtain the passage of legislation that would require nursing homes to have a plan, approved by NYSDOH, to designate dedicated, refrigerated space for the storage of bodies of deceased persons. Legislation has been introduced in both houses as a result of our efforts.

While the above items comprise the top legislative priorities for this year, we will be vigilant in looking for and being engaged on any other matter affecting funeral directing that may arise. Some of these “ancillary” - but important – items include working to secure passage and/or defeat of legislation, as appropriate with our current positions, on the following:

• Oppose any legislation to allow funeral directors to be compensated/receive commission for the sale of preneed insurance.
• Continue to explore avenues for the elimination of the EDRS burial permit fee.
• Oppose any proposal that would eliminate the resource test for an individual to qualify for Medicaid, thereby removing the incentive to establish a funeral trust.

I will keep you apprised of developments on these or other pertinent matters as the 2025 Legislative Session progresses. The Session formally commenced on January 14 with Governor Hochul’s “State of the State” address.

As always, should you have any questions on these or other legislative items of concern, please do not hesitate to contact me at randy@nysfda.org.