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Bill

HB 5077

Cemeteries and funerals: other; consent for subcontracting care of a decedent; require. Amends secs. 1805 & 1810 of 1980 PA 299 (MCL 339.1805 & 339.1810).

2025-2026 Regular Session Introduced by Matt Bierlein

Michigan bill requiring funeral homes and cemeteries to obtain family consent before subcontracting deceased person care to third parties.

bill electronically reproduced 09/26/2025
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Bill Summary · HB 5077

Legislative bill overview

HB 5077 amends Michigan's cemetery and funeral regulation law to require explicit consent from families before funeral homes or cemeteries can subcontract the care of a deceased person to third parties. Currently, the law allows such subcontracting without mandatory family notification or approval. The bill adds consent requirements to sections 1805 and 1810 of the 1980 Public Act 299.

Why is this important

Families typically expect continuity of care and direct relationships with the funeral home or cemetery they hire. Mandatory consent requirements create transparency around who actually handles a deceased person's remains and services, and give families control over whether their chosen provider can delegate this sensitive responsibility to other businesses. This affects both consumer protection and the dignity of funeral arrangements.

Potential points of contention

  • Cost implications: Funeral homes may argue that subcontracting restrictions or consent requirements could increase operational costs or limit their flexibility, potentially raising prices for consumers
  • Practical enforcement: Determining what constitutes "subcontracting" versus normal service referrals may be ambiguous—for example, whether cremation services or specialized transportation qualify
  • Industry impact: Third-party service providers who rely on subcontracting arrangements may face reduced business if families consistently deny consent

Compiled from official sources — confirm details with the bill’s official record.

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