H.B. 481, introduced by Representative Bob Hackett (R-London), passed out of the House State Government & Elections Committee on May 8, 2012 and was passed by the House of Representatives on May 22, 2012 by a vote of 98-0 with the following changes/additions to Ohio’s funeral laws:
OFDA Legal Counsel, Scott Gilligan, provided proponent testimony in support of the legislation as did Joe Wilson, CEO of Bio-Response Solutions in support of the alkaline hydrolysis provisions which were in the introduced-version of the bill. However, due to some religious concerns with the licensure of alkaline hydrolysis that language was removed from the bill.
The legislation would have authorized the State Board of Embalmers and Funeral Directors to license and regulate alkaline hydrolysis facilities. Alkaline hydrolysis is another disposition choice in addition to burial and cremation. Seven states currently authorize alkaline hydrolysis and there are bills pending in several other states to authorize the process. The legislation regulates alkaline hydrolysis very similar to how cremation is regulated in Ohio today. According to the Mayo Clinical (that performs alkaline hydrolysis on donated bodies) alkaline hydrolysis is not a combustion process and does not produce toxic gases or other environmental pollutants.
H.B. 481 has been referred to the Senate State & Local Government & Veterans Affairs Committee chaired by Kris Jordan (R-Powell). OFDA is working in the Senate to have the alkaline hydrolysis language re-inserted into the legislation. Other members of the Senate committee are:
Republicans
Bill Seitz – Cincinnati (Vice-Chair)
John Ekland – Munson Township, Geauga County
Frank LaRose – Copley
Peggy Lehner – Kettering
Bob Peterson – Sabina
Democrats
Nina Turner – Cleveland (Ranking Minority Member)
Edna Brown – Toledo
Charleta Tavares – Columbus
S.B. 308, introduced by Senator Tim Schaffer, amends Ohio Revised Code Section 3904.13 to require life insurers to disclose a deceased’s personal information to a funeral home for the limited purpose of planning a funeral and disposition of a deceased. One of the key provisions of this legislation is the requirement that the life insurer provide life insurance policy information within one business day. This is because in most cases, within 24 hours of death the funeral home and the deceased’s family are finalizing the details of the funeral and disposition. The bill establishes a form that the person with the right of disposition under Ohio law can complete to authorize a funeral home to receive life insurance policy information relating to the deceased.
S.B. 308 has received both sponsor and proponent testimony in the Senate Insurance, Commerce & Labor Committee. OFDA Immediate-Past President, John Evans, and OFDA member Mike Schoedinger provided testimony in support of the bill on April 17, 2012.
On June 28, 2012, Senator Schaffer called a meeting of interested parties to discuss any concerns with the legislation. Representatives of the Association of Ohio Life Insurance Companies expressed concerns about being able to meeting the timelines in the bill and were concerned with possible liability exposure for failing to comply with the disclosure requirements in the bill. After further discussions, the insurers suggested the possibility of the Ohio Department of Insurance (ODI) issuing a Bulletin stating that under current Ohio law, life insurers are already authorized to respond to requests relating to the life insurance of a deceased. The life insurers’ association has made an initial inquiry with ODI about preparing a Bulletin and there appears to be interest in exploring this option further.
Senator Tim Schaffer introduced S.B. 294 which includes significant updates and changes to Ohio’s environmental laws. With respect to the disposal of infectious wastes, the bill preserves the ability of infectious waste generators (including funeral homes and embalming facilities) that produce fewer than 50 pounds of infectious waste in any one month to transport and dispose of such wastes in the same manner as solid wastes.
The bill has been signed into law by Governor Kasich and has an effective date of September 5, 2012.
During the past few months OFDA has been meeting with representatives of the State Board of Embalmers and Funeral Directors relating to updates to Ohio’s funeral laws. Several of the issues may be considered as part of the next state budget which goes into effect on July 1, 2013. In addition, OFDA has drafted proposed language that would require a funeral home to either embalm or refrigerate a dead human body that has been held for 48 hours after death. There is the possibility that this language could be added to H.B. 481 if that bill continues to move through the legislative process this year.