Current through Reg. 49, No. 38; September 20, 2024
(a) For purposes of
this section, the term "package sale" means a grouping of multiple funeral
goods and services which is offered to the purchaser at a single
price.
(b) Each good or service
included in a package sale may have its individual value listed on the prepaid
contract.
(1) If individual values are
listed, and the package price is different than the sum of the listed values of
each good or service included in the package sale, the contract must represent
the package sale by listing a discount, credit, or price adjustment
representing the difference.
(2) If
individual values are listed, the value assigned to any funeral good or service
included in a package sale, minus a proportional fraction of the package
discount or credit, must be used:
(A) for
purposes of compliance with Finance Code §
RSA
154.1551 in the event of modification after
the death of the beneficiary; and
(B) as the "agreed price" for purposes of
preparing a written pre-need to at-need reconciliation under Finance Code
§
RSA
154.161(a)(2)(B).
(c) If individual
values are not listed for each good or service included in a package sale, the
word "included" must be listed for each item, provided that the following
disclosure statement be made: "No refund or credit will be issued for package
sale goods or services which remain unused by the customer at the time of
need."
(1) Such disclosure statement may be
included in the contract form, the provider's price list, or provided as an
addendum. If included in the contract form, the disclosure statement must be
included on page one or two of the contract. If included on the price list, the
disclosure statement must be on each package price page. If provided as an
addendum to the contract, it must be signed by both parties.
(2) In the event of modification after the
death of the beneficiary, prices of funeral goods and services at the time of
death must be used for purposes of compliance with Finance Code §
RSA
154.1551.
(d) This section is effective for contracts
executed after January 31, 2012.
