EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb1220*
HOUSE BILL 1220
J2, C2, C4 5lr2427
CF SB 607
By: Delegates S. Johnson, A. Johnson, Lopez, and Taveras
Introduced and read first time: February 7, 2025
Assigned to: Health and Government Operations and Economic Matters
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 HOUSE BILL 1220
(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 PROTEC TION AGREEMENT ” MEANS AN AGREEMENT 27
THAT PRIMARILY PROVI DES FOR THE COORDINA TION AND ARRANGING O F ALL 28
PROFESSIONAL SERVICE S RELATED TO THE PRE PARATION AND TRANSPO RTATION 29
OF HUMAN REMAINS , HYDROLYZED REMAI NS, 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
HOUSE BILL 1220 3
(2) “PRENEED BURIAL CONTRA CT” DOES NOT INCLUDE A 1
TRANSPORTATION PROTE CTION AGREEMENT . 2
5–805. 3
A TRANSPORTATION PROTE CTION AGREEMENT SOLD BY A PERSON 4
REGISTERED UNDER THI S TITLE IS NOT AN IN SURANCE CONTRACT AND IS NOT 5
SUBJECT TO REGULATIO N 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 T RANSPORTATION 17
PROTECTION AGREEMENT . 18
(X) “TRANSPORTATION PROTECTION AGREEMENT ” MEANS AN AGREEMENT 19
THAT PRIMARILY PROVI DES FOR THE COORDINA TION AND ARRANGING O F ALL 20
PROFESSIONAL SERVICE S RELATED TO THE PRE PARATION AND TRANSPO RTATION 21
OF HUMAN REMAINS , HYDROLYZED REMAINS , OR SOIL REMAINS . 22
7–412. 23
A TRANSPORTATION PROTECTIO N AGREEMENT SOLD BY A LICENSEE IS NOT 24
AN INSURANCE CONTRAC T 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 HOUSE BILL 1220
(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 bills will be 8
published or assigned to others for payment. No other subscriber will be compelled to 9
contribute toward the cost of your medical bills. Therefore, this publication should never be 10
considered a substitute for an insurance policy. This activity is not regulated by the State 11
Insurance Administration, and your liabilities are not covered by the Life and Health 12
Guaranty Fund. Whether or not you receive any payments for medical expenses and 13
whether or not this entity continues to operate, you are always liable for any unpaid bills.”; 14
[or] 15
(5) except as provided in subsection (b) of this section, a self–funded 16
student health plan operated by an independent institution of higher education, as defined 17
in § 10–101 of the Education Article, that provides health care services to its students and 18
their dependents if the institution files on July 1 each year, for the student health plan that 19
will be offered to students for the upcoming school year, a report with the Commissioner 20
certifying under penalties of perjury that: 21
(v) the institution operates the student health plan in compliance 22
with Title 15, Subtitles 10A and 10D of this article; OR 23
(6) A TRANSPORTATION PRO TECTION AGREEMENT , AS DEFINED IN § 24
5–101 OF THE BUSINESS REGULATION ARTICLE OR § 7–101 OF THE HEALTH 25
OCCUPATIONS ARTICLE, THAT IS SOLD BY A PE RSON REGISTERED UNDE R TITLE 5 26
OF THE BUSINESS REGULATION ARTICLE OR TITLE 7 OF THE HEALTH 27
OCCUPATIONS ARTICLE. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2025. 30