1997 Minnesota Statutes

     149A.71 Funeral industry practices; price disclosures. 

    Subdivision 1.    Unfair or deceptive acts or practices. 
  In selling or offering to sell funeral goods or funeral 
 services to the public, it is an unfair or deceptive act or 
 practice for a funeral provider to fail to furnish accurate 
 price information disclosing the cost to the purchaser for each 
 of the specific funeral goods and funeral services used in 
 connection with the disposition of dead human bodies to persons 
 inquiring about the purchase of funerals.  Any funeral provider 
 who complies with the preventive requirements in subdivision 2 
 is not engaged in the unfair or deceptive acts or practices 
 defined in this section. 

    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, separate printed or typewritten price lists.  
 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; and 

    (4) cremation containers and cremated remains containers. 

    (d) Each separate price list must contain the name of the 
 funeral provider's place of business and a caption describing 
 the list as a price list for one of the types of funeral goods 
 described in paragraph (c), clauses (1) to (4).  The funeral 
 provider must offer the list upon beginning discussion of, but 
 in any event before showing, the specific funeral 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 offered which do 
 not require special ordering, enough information to identify 
 each, and the effective date for the price list.  In lieu of a 
 written price list, other formats, such as notebooks, brochures, 
 or charts may be used if they contain the same information as 
 would the printed or typewritten list, and display it in a clear 
 and conspicuous manner.  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 or typewritten 
 price list, for retention, to persons who inquire in person 
 about the funeral goods or funeral 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 
 or funeral 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 or funeral 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 cremation offered by the 
 funeral provider, with the price including an alternative or 
 cremation container, any crematory charges, and a description of 
 the services and container included in the price, where 
 applicable, and the price of 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; 

    (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; and 

    (xiii) limousine; 

    (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 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 
 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 
 the prices of individual outer burial containers, as disclosed 
 in the manner described in paragraphs (c) and (d); 

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

    (9) the price for the basic services of funeral director 
 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 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; 

    (10) if the price for basic services, as described in 
 clause (9), is not applicable, the statement "Please note that a 
 fee for the use of our basic services is included in the price 
 of our caskets.  Our services include (specify services 
 provided)."  The fee 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."  The statement must be placed on the 
 general price list, together with the casket price range or the 
 prices of individual caskets.  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. 

    (f) Funeral providers must give an itemized written 
 statement, for retention, to each consumer who arranges a 
 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 and the licensed funeral director or mortician planning 
 the arrangements.  The statement must list the funeral goods and 
 funeral 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.  The information required by this paragraph 
 may be included on any contract, statement, or other document 
 which the funeral provider would otherwise provide at the 
 conclusion of discussion of arrangements. 

    (g) Funeral providers must give any other price 
 information, in any other format, in addition to that required 
 by paragraphs (c) to (e) so long as the written statement 
 required by paragraph (f) is given when required. 

    Subd. 3.    Prices displayed.  Any funeral provider who 
 sells or offers to sell funeral goods to the public shall, at 
 all times, display the retail price of all displayed funeral 
 goods in a conspicuous place on the goods.  "Conspicuous place" 
 means a place where any consumer viewing the funeral goods would 
 be able to see and read the price and reasonably understand that 
 the price seen is the price of the funeral goods viewed. 
 Displayed funeral goods are those goods that the funeral 
 provider regularly maintains in inventory and makes available 
 for viewing and purchase by the consumer. 

    Subd. 4.    Casket, alternate container, and cremation 
 container sales; records; required disclosures.  Any funeral 
 provider who sells or offers to sell a casket, alternate 
 container, or cremation container to the public must maintain a 
 record of each sale that includes the name of the purchaser, the 
 purchaser's mailing address, the name of the decedent, the date 
 of the decedent's death, and the place of death.  These records 
 shall be open to inspection by the commissioner and reported to 
 the commissioner.  Any funeral provider selling a casket, 
 alternate container, or cremation container to the public, and 
 not having charge of the final disposition of the dead human 
 body, shall enclose within the casket, alternate container, or 
 cremation container information provided by the commissioner 
 that includes a blank certificate of death, and a copy of the 
 statutes and rules controlling the removal, preparation, 
 transportation, arrangements for disposition, and final 
 disposition of a dead human body.  This section does not apply 
 to morticians, funeral directors, funeral establishments, 
 crematories, or wholesale distributors of caskets, alternate 
 containers, or cremation containers. 

    HIST: 1997 c 215 s 28