Feature: Fixing the death business

The horror story that developed at a northeast Georgia crematorium has government officials throughout the nation wondering what should be done to regulate the funeral industry, how far to go and who should do it.

Congress isn't so sure the problem doesn't belong with the state legislatures, and those lawmakers are already diving into the problem.

Remains of nearly 400 people have been found at the Tri-State Crematorium in Noble, Ga. They were shipped there to be cremated, but instead were buried or scattered in the woods. Crematorium operator Brent Marsh faces more than 100 charges of theft by deception.

Last year, Menorah Gardens funeral home at West Palm Beach, Fla., was accused of digging up old graves and scattering the bones in the woods to make room for new graves to create more space.

Last month in Lake Elsinore, Calif., crematorium operator Francis Brown was charged with dismembering corpses and selling the body parts to universities for research before cremating the remainder.

Elsewhere, a more common problem is that boxes of unclaimed ashes from cremation services are stacking up in the basements of funeral directors. The boxes sometimes go unclaimed because the families are too poor to pay. One flying company that drops ashes from the air has a backup of 5,000, reported the staff of Rep. Mark Foley, R-Fla.

Foley, whose district includes Menorah Gardens, is trying to find out whether some new laws are needed. He has asked Attorney General John Ashcroft and his staff to provide him with information on what laws are already on the books.

"I know what these people are going through because my constituents are still suffering the same pain," Foley said. "We need answers before this becomes a national epidemic."

Sen. John Breaux, D-La., chairman of the Senate Committee on Aging, is considering holding hearings on the $14 billion death care industry.

Breaux wants the Federal Trade Commission to expand its "funeral rule" to provide more disclosure by funeral homes, and extend it to crematories. He also wants an independent observer at every cremation.

"The Georgia crematory horrors serve as yet another reminder of all that can go wrong in the funeral industry," Breaux said. "Coping with the death of a loved one is difficult enough, but asking families to relive their loss when those they trust fail to do their job is simply unthinkable."

Lisa Carlson, executive director of Funeral Consumers Alliance, in Hinesburg, Vt., supports Breaux's proposal for expanding the funeral rule, a set of consumer protection regulations.

"Generally speaking, we very much agree with Breaux that all funeral business should be under the funeral rule," she said, although she thinks that might not have helped with the Georgia situation.

She said she does see a need for federal legislation to prevent the sale of body parts. She said in addition to the Elsinore case, there was a similar situation in California in the 1980s. And with the frequent advances in medical technology, there is an increasing demand for body parts.

The Cremation Association of North America said cremation is becoming more popular than ever before, and that means more regulation may be necessary. The association has come up with a model state cremation law as a guideline for state legislatures.

The association said the national cremation rate is more than 25 percent and is predicted to be nearly 50 percent by 2025.

The association said 23 states license their crematories, and inspections are required in Florida and California. Carlson said 10 states have no regulations for crematoriums. They are Alabama, Maryland, Mississippi, Nebraska, Ohio, Pennsylvania, Utah, Vermont, Washington and West Virginia. Ohio has legislation under consideration.

Bob Fells of the International Cemetery and Funeral Association in Reston, Va., said many states that have good sets of guidelines or regulations do not enforce them, but he still opposes federal action.

He said his organization has always found that state regulation is more efficient and effective than federal oversight.

In Georgia, several new bills have been filed already. One of them would close a loophole exempting crematories from licensing or inspection if they do not hold public services. It would also outlaw abandoning bodies intended for burial or cremation.

In addition to Georgia, several states are considering death care legislation. They include California, Illinois, Michigan, New Hampshire, New York, Ohio, South Carolina, Tennessee and Texas.

A bill proposed in Michigan would carry a penalty of 10 years in prison and a $50,000 fine for negligent disposal of human remains. There is no such penalty on the books in Michigan at this time.