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98 Maryland Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagmd0102 and id is 1 raw text is: MORTICIANS HEALTH OCCUPATIONS - MORTICIANS - PRICE PROVISIONS OF MONEY-TRUSTED PRE-NEED FUNERAL CONTRACTS MUST BE GUARANTEED March 1, 2013 The Honorable Wade Kach Maryland House ofDelegates On behalf of the State Board of Morticians and Funeral Directors (the Board), you have asked for our opinion as to whether Maryland law permits a licensed mortician or funeral director to enter into money-trusted pre-need funeral contracts in which the price of some of the goods or services agreed upon is not guaranteed. In a money-trusted pre-need funeral contract, the consumer purchases funeral goods (e.g., a casket) and services (e.g., embalming) for herself or another beneficiary ahead of time and at then-prevailing market prices. You have explained that such contracts often contain non-guaranteed price terms and that funeral homes often ask the surviving relatives of the deceased to make up the difference between the contract price and the market price at the time the contracted-for goods and services are actually provided. You have also explained that some uncertainty exists among members of the funeral industry as to whether such contracts are permissible under Maryland law. In our opinion, the plain language of the statute-§ 7-405 of the Health Occupations Article-requires that money-trusted pre- need contracts include the total price of the services and merchandise agreed upon, which we interpret to mean that the price terms of the contract must be guaranteed. A pre-need contract may include estimated prices for those goods and services reasonably expected to be required at the time of need but not included under the contract, but the licensed mortician or funeral director may not accept pre-payment for such non- included goods and services. This interpretation finds support in the statutory scheme and legislative history, as well as in principles of statutory construction that direct us to read the statute in a way that furthers its consumer protection purpose. 3

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