Life insurance; authorize funeral services provider to obtain certain information within two business days.

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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Banks

HOUSE BILL NO. 729

AN ACT TO AUTHORIZE A FUNERAL SERVICES PROVIDER TO OBTAIN 1
CERTAIN INFORMATION REGARDING A DECEASED PERSON'S LIFE INSURANCE; 2
TO REQUIRE SUCH INFORMATION TO BE PROVIDED WITHIN TWO BUSINESS 3
DAYS OF RECEIPT OF REQUEST; TO AMEND SECTION 73-11-57, MISSISSIPPI 4
CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED 5
PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. (1) Any person licensed to practice funeral 8
directing or any employee of a licensed funeral establishment 9
providing funeral service for a deceased person insured or 10
believed to be insured under a contract of life insurance or under 11
a group life insurance policy may request information regarding 12
the deceased person's life insurance contracts by providing an 13
insurer with (a) a copy of a notification of death, (b) written 14
authorization from the person or persons with legal authority to 15
direct disposition of the deceased's body, and (c) in the case of 16
a person covered or believed to be covered under a group life 17
insurance policy, the affiliation of the deceased entitling them 18
to coverage under the group life insurance policy. 19
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(2) Within two (2) business days after receipt of the 20
request made in accordance with subsection (1) of this section, 21
the life insurance company shall inform the person authorized by 22
this section to make an inquiry of the following: 23
(a) The existence of any contract insuring the life of 24
the deceased person. 25
(b) Any beneficiaries on record under any life 26
insurance contract insuring the life of the deceased person. 27
(c) The amount of any liens or loans outstanding on the 28
policy. 29
(d) The amount of benefits payable to the 30
beneficiaries. 31
(e) Whether the policy has been reinstated within the 32
last twenty-four (24) months. The insurer shall provide a claim 33
form to any person or assignee making the request. 34
(3) If any person making a written request under subsection 35
(1) of this section who has provided all the information required 36
by subsection (1) of this section does not receive a response from 37
the insurer within two (2) business days, then the person may 38
refer the request to the Office of Consumer Protection of the 39
Attorney General, which shall treat the referral as a consumer 40
complaint. The referral shall include all the information 41
provided to the insurer under subsection (1) of this section as 42
well as copies of all communications and information received from 43
the insurer regarding the request for information. 44
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(4) If the beneficiary of record under the life insurance 45
contract or group life insurance policy is not the estate of the 46
deceased, then any person authorized to request information under 47
subsection (1) of this section shall make reasonable efforts to 48
locate the beneficiaries within one hundred (100) hours of 49
receiving information from the insurance carrier regarding any 50
life insurance contracts or group life insurance policies and 51
shall provide to all beneficiaries all documents and information 52
obtained from the insurance carrier. The person obtaining the 53
information also shall inform all beneficiaries in writing in bold 54
print that "THE BENEFICIARY OF A LIFE INSURANCE POLICY HAS NO 55
LEGAL DUTY OR OBLIGATION TO SPEND ANY OF THAT MONEY ON THE 56
FUNERAL, DEBTS, OR OBLIGATIONS OF THE DECEASED" and shall do so 57
before discussing with the beneficiaries financial arrangements 58
for burial of the deceased. 59
(5) Any licensee or employee of a licensed funeral 60
establishment who makes a false request for information under this 61
section or fails to do that required by subsection (4) of this 62
section shall be deemed to have committed unprofessional conduct 63
in the practice of funeral service or funeral directing as defined 64
in Section 73-11-57(1)(p) and unfit to practice funeral service or 65
be a funeral director. 66
SECTION 2. Section 73-11-57, Mississippi Code of 1972, is 67
amended as follows: 68
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73-11-57. (1) The board, upon satisfactory proof at proper 69
hearing and in accordance with the provisions of this chapter and 70
the regulations of the board, may suspend, revoke, or refuse to 71
issue or renew any license under this chapter, reprimand or place 72
the holder of a license on a term of probation, and/or take any 73
other action in relation to a license as the board may deem proper 74
under the circumstances upon any of the following grounds: 75
(a) The employment of fraud or deception in applying 76
for a license or in passing the examination provided for in this 77
chapter; 78
(b) The erroneous issuance of a license to any person; 79
(c) The conviction of a felony by any court in this 80
state or any federal court or by the court of any other state or 81
territory of the United States; having been convicted of or pled 82
guilty to a felony in the courts of this state or any other state, 83
territory or country which would prevent a person from holding 84
elected office. Conviction, as used in this paragraph, shall 85
include a deferred conviction, deferred prosecution, deferred 86
sentence, finding or verdict of guilt, an admission of guilty, or 87
a plea of nolo contendere; 88
(d) The practice of embalming under a false name or 89
without a license for the practice of funeral service; 90
(e) The impersonation of another funeral service or 91
funeral directing licensee; 92
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(f) The permitting of a person other than a funeral 93
service or funeral directing licensee to make arrangements for a 94
funeral and/or form of disposition; 95
(g) Violation of any provision of this chapter or any 96
rule or regulation of the board; 97
(h) Having had a license for the practice of funeral 98
service or funeral directing suspended or revoked in any 99
jurisdiction, having voluntarily surrendered his or her license in 100
any jurisdiction, having been placed on probation in any 101
jurisdiction, having been placed under disciplinary order(s) or 102
other restriction in any manner for funeral directing and/or 103
funeral service, or operating a funeral establishment (a certified 104
copy of the order of suspension, revocation, probation or 105
disciplinary action shall be prima facie evidence of such action); 106
(i) Solicitation of dead human bodies by the licensee, 107
his or her agents, assistants or employees, whether such 108
solicitation occurs after death or when death is imminent; if the 109
person solicited has made known a desire not to receive the 110
communication, or if the solicitation involves coercion, duress or 111
harassment, or if the solicitation takes place at the residence of 112
the client or prospective client and is uninvited by the client or 113
prospective client and has not been previously agreed to by the 114
client or prospective client; however, this shall not be deemed to 115
prohibit general advertising; 116
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(j) Employment directly or indirectly of any 117
apprentice, agent, assistant, employee, or other person, on a 118
part-time or full-time basis or on commission, for the purpose of 119
calling upon individuals or institutions by whose influence dead 120
human bodies may be turned over to a particular funeral 121
establishment; 122
(k) Failure to give full cooperation to the board 123
and/or its designees, agents or other representatives in the 124
performance of official duties of the board. Such failure to 125
cooperate includes, but is not limited to: 126
(i) Not furnishing any relevant papers or 127
documents requested by or for the board; 128
(ii) Not furnishing, in writing, an adequate 129
explanation covering the matter contained in a complaint filed 130
with the board; 131
(iii) Not responding without cause to subpoenas 132
issued by the board, whether or not the licensee is the party 133
charged in any preceding before the board; 134
(iv) Not reasonably providing access, as directed 135
by the board for its authorized agents or representatives seeking 136
to perform reviews or inspections at facilities or places utilized 137
by the license holder in the practice of funeral service or 138
funeral directing and/or in performing any other activity 139
regulated by the board under this chapter; 140
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(v) Failure to provide information within the 141
specified time allotted and as required by the board and/or its 142
representatives or designees; 143
(vi) Failure to cooperate with the board or its 144
designees or representatives in the investigation of any alleged 145
misconduct or interfering with a board investigation by willful 146
misrepresentation of facts; 147
(vii) Deceiving or attempting to deceive the board 148
regarding any matter under investigation, including altering or 149
destroying any records; and 150
(viii) Failure, without good cause, to cooperate 151
with any request by the board to appear before it; 152
(l) Knowingly performing any act that in any way 153
assists an unlicensed person to practice funeral service or 154
funeral directing; 155
(m) Knowingly making a false statement on death 156
certificates; 157
(n) Conviction of a crime involving moral turpitude; 158
(o) Violating any statute, ordinance, rule or 159
regulation of the state or any of its boards, agencies or 160
political subdivisions affecting the registration of deaths or the 161
handling, custody, care or transportation of dead human bodies; or 162
(p) Unprofessional conduct in the practice of funeral 163
service or funeral directing which includes, but is not limited 164
to: 165
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(i) Retaining a dead human body for the payment of 166
a fee for the performance of services that are not authorized; 167
(ii) Knowingly performing any act which in any way 168
assists an unlicensed person to practice funeral service or 169
funeral directing; 170
(iii) Being guilty of any dishonorable conduct 171
likely to deceive, defraud or harm the public; 172
(iv) Any act or omission in the practice of 173
funeral service or directing which constitutes dishonesty, fraud 174
or misrepresentation with the intent to benefit the licensee, 175
another person or funeral establishment, or with the intent to 176
substantially injure another person, licensee or funeral 177
establishment; * * * 178
(v) Any act or conduct, whether the same or of a 179
different character than specified above, which constitutes or 180
demonstrates bad faith, incompetency or untrustworthiness; or 181
dishonest, fraudulent or improper dealing; or any other violation 182
of the provisions of this chapter, the rules and regulations 183
established by the board or any rule or regulation promulgated by 184
the Federal Trade Commission relative to the practice of funeral 185
service or funeral directing * * *; or 186
(vi) Making a false request for information under 187
Section 1 in House Bill No. , 2026 Regular Session, or failing 188
to comply with the provisions of subsection (4) of Section 1 in 189
House Bill No. , 2026 Regular Session. 190
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(2) Any person, including a member of the board, may 191
initiate a complaint against a licensee of the board by filing 192
with the board a written complaint on a form prescribed by the 193
board. 194
(a) Upon receipt of a properly verified complaint, the 195
board shall send a copy of the complaint to the affected licensee 196
by certified mail to the address of such licensee appearing of 197
record with the board. The licensee shall answer the complaint in 198
writing within twenty (20) days after receipt of the complaint. 199
The licensee shall mail a copy of his, her or its response to the 200
board and the complainant. Upon receipt of the licensee's 201
response or lapse of twenty (20) days, the board is authorized to 202
investigate a complaint that appears to show the existence of any 203
of the causes or grounds for disciplinary action as provided in 204
Section 73-11-57. Upon finding reasonable cause to believe that 205
the charges are not frivolous, unfounded or filed in bad faith, 206
the board may, in its discretion, cause a hearing to be held, at a 207
time and place fixed by the board, regarding the charges that a 208
violation of this chapter has occurred. The board shall order a 209
hearing for the licensee to appear and show cause why he/she 210
should not be disciplined for a violation of this chapter. 211
(b) The board shall give the complainant and the 212
affected licensee twenty (20) days' notice of any hearing upon a 213
complaint. Such notice shall be by United States certified mail. 214
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(c) Any party appearing before the board may be 215
accompanied by counsel. 216
(d) Before commencing a hearing, the chairman or 217
designee of the board shall determine if all parties are present 218
and ready to proceed. If the complainant fails to attend a 219
hearing without good cause shown, the complaint shall be dismissed 220
summarily and all fees and expenses of convening the hearing shall 221
be assessed to, and paid by, the complainant. If any affected 222
licensee fails to appear for a hearing without good cause shown, 223
such licensee shall be presumed to have waived his right to appear 224
before the board and be heard. 225
(e) Upon the chair's determination that all parties are 226
ready to proceed, the chair or designee shall call the hearing to 227
order and the complainant and the licensee may give opening 228
statements. The board may order the sequestration of nonparty 229
witnesses. 230
(f) The complainant shall then present his, her or its 231
complaint. The licensee, any counsel and any member or designee 232
of the board may ask questions of witnesses. 233
(g) The licensee shall then present his, her or its 234
case in rebuttal. The complainant, any counsel and any member or 235
designee of the board may ask questions of witnesses. 236
(h) At the completion of the evidence, all parties may 237
give closing statements. 238
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(i) At the conclusion of the hearing, the board may 239
either decide the issue at that time or take the case under 240
advisement for further deliberation. The board shall render its 241
decision not more than ninety (90) days after the close of the 242
hearing and shall forward the decision to the last-known business 243
or residence address of the parties. 244
(3) The board, on its own motion, may file a formal 245
complaint against a licensee. 246
(4) The board may temporarily suspend a license under this 247
chapter without any hearing, simultaneously with the institution 248
of proceedings under this section, if it finds that the evidence 249
in support of the board's determination is clear, competent and 250
unequivocal and that the licensee's continuation in practice would 251
constitute an imminent danger to public health and safety. 252
(5) The board may, upon satisfactory proof that the 253
applicant or licensee has been guilty of any of the offenses above 254
enumerated, take the action authorized by this section against an 255
applicant or licensee of the board upon a majority vote of the 256
board members, after a hearing thereon. The board is vested with 257
full power and authority to hold and conduct such hearings, compel 258
the attendance of witnesses and the production of books, records 259
and documents, issue subpoenas therefor, administer oaths, examine 260
witnesses, and do all things necessary to properly conduct such 261
hearings. The board may waive the necessity of a hearing if the 262
person accused of a violation admits that he has been guilty of 263
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such offense. Any person who has been refused a license or whose 264
license has been revoked or suspended may, within thirty (30) days 265
after the decision of the board, file with the board a written 266
notice stating that he feels himself aggrieved by such decision 267
and may appeal therefrom to the circuit court of the county and 268
judicial district of residence of the person, or if the person is 269
a nonresident of the State of Mississippi, to the Circuit Court of 270
the First Judicial District of Hinds County. The circuit court 271
shall determine the action of the board was in accord or 272
consistent with law, or was arbitrary, unwarranted or an abuse of 273
discretion. The appeal shall be perfected upon filing notice of 274
the appeal with the circuit court and by the prepayment of all 275
costs, including the cost of the preparation of the record of the 276
proceedings by the board. An appeal from the circuit court 277
judgment or decree may be reviewed by the Supreme Court as is 278
provided by law for other appeals. An appeal of a decision or 279
order of the board does not act as a supersedeas. 280
(6) In addition to any other power that it has, the board 281
may, upon finding that an applicant or licensee has committed any 282
of the violations listed in Section 73-11-57(1), impose a monetary 283
penalty as follows: 284
(a) For the first violation of any of the subparagraphs 285
of subsection (1) of this section, a monetary penalty of not more 286
than Five Hundred Dollars ($500.00). 287
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(b) For the second violation of any of the 288
subparagraphs of subsection (1) of this section, a monetary 289
penalty of not more than One Thousand Dollars ($1,000.00). 290
(c) For the third and any subsequent violation of any 291
of the subparagraphs of subsection (1) of this section, a monetary 292
penalty of not more than Five Thousand Dollars ($5,000.00). 293
(d) For any violation of any of the subparagraphs of 294
subsection (1) of this section, those reasonable costs that are 295
expended by the board in the investigation and conduct of a 296
proceeding for licensure revocation or suspension, including, but 297
not limited to, the cost of process service, court reporters, 298
expert witnesses and investigators. 299
(7) The power and authority of the board to assess and levy 300
such monetary penalties hereunder shall not be affected or 301
diminished by any other proceeding, civil or criminal, concerning 302
the same violation or violations except as provided in this 303
section. 304
(8) A licensee shall have the right of appeal from the 305
assessment and levy of a monetary penalty as provided in this 306
section under the same conditions as a right of appeal is provided 307
elsewhere for appeals from an adverse ruling, order or decision of 308
the board. 309
(9) Any monetary penalty assessed and levied under this 310
section shall not take effect until after the time for appeal 311
shall have expired. 312
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(10) A monetary penalty assessed and levied under this 313
section shall be paid to the board by the licensee upon the 314
expiration of the period allowed for appeal of such penalties 315
under this section or may be paid sooner if the licensee elects. 316
With the exception of subsection (5)(d) of this section, 317
monetary penalties collected by the board under this section shall 318
be deposited in the State Treasury to the credit of the State 319
Board of Funeral Service. Any monies collected by the board under 320
subsection (5)(d) of this section shall be deposited into the 321
special fund operating account of the board. 322
(11) When payment of a monetary penalty assessed and levied 323
by the board against a licensee in accordance with this section is 324
not paid by the licensee when due under this section, the board 325
shall have power to institute and maintain proceedings in its name 326
for enforcement of payment in the chancery court of the county and 327
judicial district of residence of the licensee, or if the licensee 328
is a nonresident of the State of Mississippi, in the Chancery 329
Court of the First Judicial District of Hinds County, Mississippi. 330
(12) In any administrative or judicial proceeding in which 331
the board prevails, the board shall have the right to recover 332
reasonable attorney fees. 333
(13) In addition to the reasons specified in subsection (1) 334
of this section, the board shall be authorized to suspend the 335
license of any licensee for being out of compliance with an order 336
for support, as defined in Section 93-11-153. The procedure for 337
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ST: Life insurance; authorize funeral services
provider to obtain certain information within
two business days.
suspension of a license for being out of compliance with an order 338
for support, and the procedure for the reissuance or reinstatement 339
of a license suspended for that purpose, and the payment of any 340
fees for the reissuance or reinstatement of a license suspended 341
for that purpose, shall be governed by Section 93-11-157 or 342
93-11-163, as the case may be. Actions taken by the board in 343
suspending a license when required by Section 93-11-157 or 344
93-11-163 are not actions from which an appeal may be taken under 345
this section. Any appeal of a license suspension that is required 346
by Section 93-11-157 or 93-11-163 shall be taken in accordance 347
with the appeal procedure specified in Section 93-11-157 or 348
93-11-163, as the case may be, rather than the procedure specified 349
in this section. If there is any conflict between any provision 350
of Section 93-11-157 or 93-11-163 and any provision of this 351
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 352
case may be, shall control. 353
SECTION 3. This act shall take effect and be in force from 354
and after July 1, 2026. 355