HF 1988

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/03/2014 03:29pm

A bill for an act
relating to health; requiring funeral providers disclosure of prices on Internet
Web sites; amending Minnesota Statutes 2013 Supplement, section 149A.71,
subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2013 Supplement, section 149A.71, subdivision 2,
is amended to read:

Subd. 2.

Preventive requirements.

(a) To prevent unfair or deceptive acts or
practices, the requirements of this subdivision must be met.

(b) Funeral providers must tell persons who ask by telephone about the funeral
provider's offerings or prices any accurate information from the price lists described in
paragraphs (c) to (e) and any other readily available information that reasonably answers
the questions asked.

(c) Funeral providers must make available for viewing to people who inquire in
person about the offerings or prices of funeral goods or burial site goods, separate printed
or typewritten price lists using a ten-point font or larger. Each funeral provider must have a
separate price list for each of the following types of goods that are sold or offered for sale:

(1) caskets;

(2) alternative containers;

(3) outer burial containers;

(4) alkaline hydrolysis containers;

(5) cremation containers;

(6) hydrolyzed remains containers;

(7) cremated remains containers;

(8) markers; and

(9) headstones.

(d) Each separate price list must contain the name of the funeral provider's place of
business, address, and telephone number and a caption describing the list as a price list for
one of the types of funeral goods or burial site goods described in paragraph (c), clauses
(1) to (9). The funeral provider must offer the list upon beginning discussion of, but in any
event before showing, the specific funeral goods or burial site goods and must provide a
photocopy of the price list, for retention, if so asked by the consumer. The list must
contain, at least, the retail prices of all the specific funeral goods and burial site goods
offered which do not require special ordering, enough information to identify each, and
the effective date for the price list. However, funeral providers are not required to make a
specific price list available if the funeral providers place the information required by this
paragraph on the general price list described in paragraph (e).

(e) Funeral providers must give a printed price list, for retention, to persons who
inquire in person about the funeral goods, funeral services, burial site goods, or burial site
services or prices offered by the funeral provider. The funeral provider must give the list
upon beginning discussion of either the prices of or the overall type of funeral service or
disposition or specific funeral goods, funeral services, burial site goods, or burial site
services offered by the provider. This requirement applies whether the discussion takes
place in the funeral establishment or elsewhere. However, when the deceased is removed
for transportation to the funeral establishment, an in-person request for authorization to
embalm does not, by itself, trigger the requirement to offer the general price list. If the
provider, in making an in-person request for authorization to embalm, discloses that
embalming is not required by law except in certain special cases, the provider is not
required to offer the general price list. Any other discussion during that time about prices
or the selection of funeral goods, funeral services, burial site goods, or burial site services
triggers the requirement to give the consumer a general price list. The general price list
must contain the following information:

(1) the name, address, and telephone number of the funeral provider's place of
business;

(2) a caption describing the list as a "general price list";

(3) the effective date for the price list;

(4) the retail prices, in any order, expressed either as a flat fee or as the prices per
hour, mile, or other unit of computation, and other information described as follows:

(i) forwarding of remains to another funeral establishment, together with a list of
the services provided for any quoted price;

(ii) receiving remains from another funeral establishment, together with a list of
the services provided for any quoted price;

(iii) separate prices for each alkaline hydrolysis or cremation offered by the funeral
provider, with the price including an alternative container or alkaline hydrolysis or
cremation container, any alkaline hydrolysis or crematory charges, and a description of the
services and container included in the price, where applicable, and the price of alkaline
hydrolysis or cremation where the purchaser provides the container;

(iv) separate prices for each immediate burial offered by the funeral provider,
including a casket or alternative container, and a description of the services and container
included in that price, and the price of immediate burial where the purchaser provides the
casket or alternative container;

(v) transfer of remains to the funeral establishment or other location;

(vi) embalming;

(vii) other preparation of the body;

(viii) use of facilities, equipment, or staff for viewing;

(ix) use of facilities, equipment, or staff for funeral ceremony;

(x) use of facilities, equipment, or staff for memorial service;

(xi) use of equipment or staff for graveside service;

(xii) hearse or funeral coach;

(xiii) limousine; and

(xiv) separate prices for all cemetery-specific goods and services, including all goods
and services associated with interment and burial site goods and services and excluding
markers and headstones;

(5) the price range for the caskets offered by the funeral provider, together with the
statement "A complete price list will be provided at the funeral establishment or casket
sale location." or the prices of individual caskets, as disclosed in the manner described
in paragraphs (c) and (d);

(6) the price range for the alternative containers offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or alternative container sale location." or the prices of individual alternative
containers, as disclosed in the manner described in paragraphs (c) and (d);

(7) the price range for the outer burial containers offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or outer burial container sale location." or the prices of individual outer
burial containers, as disclosed in the manner described in paragraphs (c) and (d);

(8) the price range for the alkaline hydrolysis container offered by the funeral
provider, together with the statement "A complete price list will be provided at the funeral
establishment or alkaline hydrolysis container sale location." or the prices of individual
alkaline hydrolysis containers, as disclosed in the manner described in paragraphs (c)
and (d);

(9) the price range for the hydrolyzed remains container offered by the funeral
provider, together with the statement "A complete price list will be provided at the funeral
establishment or hydrolyzed remains container sale location." or the prices of individual
hydrolyzed remains container, as disclosed in the manner described in paragraphs (c)
and (d);

(10) the price range for the cremation containers offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or cremation container sale location." or the prices of individual cremation
containers, as disclosed in the manner described in paragraphs (c) and (d);

(11) the price range for the cremated remains containers offered by the funeral
provider, together with the statement, "A complete price list will be provided at the funeral
establishment or cremated remains container sale location," or the prices of individual
cremation containers as disclosed in the manner described in paragraphs (c) and (d);

(12) the price for the basic services of funeral provider and staff, together with a list
of the principal basic services provided for any quoted price and, if the charge cannot be
declined by the purchaser, the statement "This fee for our basic services will be added
to the total cost of the funeral arrangements you select. (This fee is already included in
our charges for alkaline hydrolysis, direct cremations, immediate burials, and forwarding
or receiving remains.)" If the charge cannot be declined by the purchaser, the quoted
price shall include all charges for the recovery of unallocated funeral provider overhead,
and funeral providers may include in the required disclosure the phrase "and overhead"
after the word "services." This services fee is the only funeral provider fee for services,
facilities, or unallocated overhead permitted by this subdivision to be nondeclinable,
unless otherwise required by law;

(13) the price range for the markers and headstones offered by the funeral provider,
together with the statement "A complete price list will be provided at the funeral
establishment or marker or headstone sale location." or the prices of individual markers
and headstones, as disclosed in the manner described in paragraphs (c) and (d); and

(14) any package priced funerals offered must be listed in addition to and following
the information required in paragraph (e) and must clearly state the funeral goods and
services being offered, the price being charged for those goods and services, and the
discounted savings.

(f) Funeral providers must give an itemized written statement, for retention, to each
consumer who arranges an at-need funeral or other disposition of human remains at the
conclusion of the discussion of the arrangements. The itemized written statement must be
signed by the consumer selecting the goods and services as required in section 149A.80.
If the statement is provided by a funeral establishment, the statement must be signed by
the licensed funeral director or mortician planning the arrangements. If the statement is
provided by any other funeral provider, the statement must be signed by an authorized
agent of the funeral provider. The statement must list the funeral goods, funeral services,
burial site goods, or burial site services selected by that consumer and the prices to be paid
for each item, specifically itemized cash advance items (these prices must be given to the
extent then known or reasonably ascertainable if the prices are not known or reasonably
ascertainable, a good faith estimate shall be given and a written statement of the actual
charges shall be provided before the final bill is paid), and the total cost of goods and
services selected. At the conclusion of an at-need arrangement, the funeral provider is
required to give the consumer a copy of the signed itemized written contract that must
contain the information required in this paragraph.

(g) Upon receiving actual notice of the death of an individual with whom a funeral
provider has entered a preneed funeral agreement, the funeral provider must provide
a copy of all preneed funeral agreement documents to the person who controls final
disposition of the human remains or to the designee of the person controlling disposition.
The person controlling final disposition shall be provided with these documents at the time
of the person's first in-person contact with the funeral provider, if the first contact occurs
in person at a funeral establishment, alkaline hydrolysis facility, crematory, or other place
of business of the funeral provider. If the contact occurs by other means or at another
location, the documents must be provided within 24 hours of the first contact.

new text begin (h) Each funeral establishment that maintains an Internet Web site shall post on its
Internet Web site the price list of goods and services that are required to be included in the
establishment's printed price list pursuant to paragraph (e).
new text end