Funeral poverty is a persistent problem in the United States, and existing programs and regulations do not adequately address it. Only providing direct funds to cover funeral expenses merely perpetuates the current economic dynamics of the industry. In this Essay, we propose that a better approach is to radically reform funeral regulations to reduce barriers to entry into funeral professions, transition into greener and more sustainable practices, and ultimately provide more and better options to American consumers. Our primary suggestion is to reposition coverage of death care under the umbrella of healthcare as regulated by the Department of Health and Human Services through the Affordable Care Act. Currently, the primary federal regulation of death care is the Federal Trade Commission’s Funeral Rule. Although this rule may protect consumers from unfair trade practices, so far it has not lowered or prevented increases in the ultimate price paid by consumers, and it is not designed to address the professional, technological, and environmental challenges that have arisen since its enactment in 1982. In this Essay, we propose a radical shift in regulation by transferring federal oversight of the funeral industry from the FTC to the HHS through the expansion of the Affordable Care Act.
