Maryland SB 607: Human Remains - Transportation Protection Agreements

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0607*

SENATE BILL 607
J2, C2, C4 5lr1787
CF 5lr2427
By: Senator West
Introduced and read first time: January 23, 2025
Assigned to: Finance

A BILL ENTITLED

AN ACT concerning 1

Human Remains – Transportation Protection Agreements 2

FOR the purpose of excluding transportation protection agreements from the definition of 3
“preneed burial contract” and “pre–need contract” under the Maryland Cemetery Act 4
and the Maryland Morticians and Funeral Directors Act, respectively; providing that 5
transportation protection agreements are not insurance and are not subject to 6
regulation under certain provisions of law; and generally relating to transportation 7
protection agreements. 8

BY repealing and reenacting, without amendments, 9
Article – Business Regulation 10
Section 5–101(a) and 5–701(a) 11
Annotated Code of Maryland 12
(2024 Replacement Volume) 13

BY adding to 14
Article – Business Regulation 15
Section 5–101(ee) and 5–805 16
Annotated Code of Maryland 17
(2024 Replacement Volume) 18

BY repealing and reenacting, with amendments, 19
Article – Business Regulation 20
Section 5–701(d) 21
Annotated Code of Maryland 22
(2024 Replacement Volume) 23

BY repealing and reenacting, without amendments, 24
Article – Health Occupations 25
Section 7–101(a) 26
Annotated Code of Maryland 27

2 SENATE BILL 607

(2021 Replacement Volume and 2024 Supplement) 1

BY repealing and reenacting, with amendments, 2
Article – Health Occupations 3
Section 7–101(v) 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2024 Supplement) 6

BY adding to 7
Article – Health Occupations 8
Section 7–101(x) and 7–412 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11

BY repealing and reenacting, with amendments, 12
Article – Insurance 13
Section 1–202(a)(4)(xii) and (5)(v) 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2024 Supplement) 16

BY adding to 17
Article – Insurance 18
Section 1–202(a)(6) 19
Annotated Code of Maryland 20
(2017 Replacement Volume and 2024 Supplement) 21

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23

Article – Business Regulation 24

5–101. 25

(a) In this title the following words have the meanings indicated. 26

(EE) “TRANSPORTATION PROTECTION AGREEMENT” MEANS AN AGREEMENT 27
THAT PRIMARILY PROVIDES FOR THE COORDINATION AND ARRANGING OF ALL 28
PROFESSIONAL SERVICES RELATED TO THE PREPARATION AND TRANSPORTATION 29
OF HUMAN REMAINS, HYDROLYZED REMAINS, OR SOIL REMAINS. 30

5–701. 31

(a) In this subtitle the following words have the meanings indicated. 32

(d) (1) “Preneed burial contract” means a written instrument under which 33
preneed goods or preneed services are to be sold and delivered or performed. 34

SENATE BILL 607 3

(2) “PRENEED BURIAL CONTRACT” DOES NOT INCLUDE A 1
TRANSPORTATION PROTECTION AGREEMENT. 2

5–805. 3

A TRANSPORTATION PROTECTION AGREEMENT SOLD BY A PERSON 4
REGISTERED UNDER THIS TITLE IS NOT AN INSURANCE CONTRACT AND IS NOT 5
SUBJECT TO REGULATION UNDER THE INSURANCE ARTICLE. 6

Article – Health Occupations 7

7–101. 8

(a) In this title the following words have the meanings indicated. 9

(v) (1) “Pre–need contract” means an agreement between a consumer and a 10
licensed funeral director, licensed mortician, or surviving spouse to provide any goods and 11
services purchased prior to the time of death. Goods and services shall include: 12

[(1)] (I) A service, including any form of preservation and disposition or 13
cremation, that a mortician normally provides in the ordinary course of business; or 14

[(2)] (II) Merchandise, including a casket, vault, or clothing, that a 15
mortician normally provides in the ordinary course of business. 16

(2) “PRE–NEED CONTRACT” DOES NOT INCLUDE A TRANSPORTATION 17
PROTECTION AGREEMENT. 18

(X) “TRANSPORTATION PROTECTION AGREEMENT” MEANS AN AGREEMENT 19
THAT PRIMARILY PROVIDES FOR THE COORDINATION AND ARRANGING OF ALL 20
PROFESSIONAL SERVICES RELATED TO THE PREPARATION AND TRANSPORTATION 21
OF HUMAN REMAINS, HYDROLYZED REMAINS, OR SOIL REMAINS. 22

7–412. 23

A TRANSPORTATION PROTECTION AGREEMENT SOLD BY A LICENSEE IS NOT 24
AN INSURANCE CONTRACT AND IS NOT SUBJECT TO REGULATION UNDER THE 25
INSURANCE ARTICLE. 26

Article – Insurance 27

1–202. 28

(a) This article does not apply to: 29

4 SENATE BILL 607

(4) a voluntary noncontractual religious publication arrangement that: 1

(xii) provides the following verbatim written disclaimer as a separate 2
cover sheet for any and all documents distributed by or on behalf of the exempt 3
arrangement, including applications, guidelines, promotional, or informational material 4
and all periodic publications: 5

“Notice 6

This publication is not issued by an insurance company nor is it offered through an 7
insurance company. It does not guarantee or promise that your medical bil