HOUSE BILL NO. 2758 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE POUCHE.
4556H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 42, RSMo, by adding thereto one new section relating to compensation for services rendered in veterans' benefits matters.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 42, RSMo, is amended by adding thereto one new section, to be 2 known as section 42.028, to read as follows: 42.028. 1. As used in this section, the following terms mean: 2 (1) "Compensation", any money, thing of value, or economic benefit conferred 3 on, or received by, any person in return for services rendered, or to be rendered, by 4 himself or herself or another; 5 (2) "Person", any natural person, corporation, trust, partnership, incorporated 6 or unincorporated association, or any other legal entity; 7 (3) "Veterans' benefits matter", the preparation, presentation, or prosecution of 8 any claim affecting any person who has filed or expressed an intent to file a claim for 9 any benefit, program, service, commodity, function, status, or entitlement to which is 10 determined to pertain to veterans, their dependents, their survivors, or any other 11 individual eligible for such benefits under the laws and regulations administered by the 12 United States Department of Veterans Affairs or the Missouri veterans' commission. 13 2. No person shall receive compensation for referring any individual to another 14 person to advise or assist the individual with any veterans' benefits matter. 15 3. No person shall receive compensation for any services rendered in connection 16 with any claim filed within the one-year presumptive period of active-duty release.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2758 2
17 4. A person seeking to receive compensation for advising, assisting, or consulting 18 with any individual in connection with any veterans' benefits matter shall, before 19 rendering any services, memorialize the specific terms, under which the amount to be 20 paid will be determined, in a written agreement signed by both parties. Such 21 compensation shall be purely contingent upon an increase in benefits awarded, and if 22 successful, compensation shall not exceed five times the amount of the monthly increase 23 in benefits awarded based on the claim. Initial or nonrefundable fees or charges are 24 prohibited. 25 5. A person seeking to receive compensation for advising, assisting, or consulting 26 with any individual with any veterans' benefits matter shall not utilize a medical 27 professional with whom the person has an employment or business relationship for a 28 secondary medical exam. 29 6. No person shall guarantee, either directly or by implication, a successful 30 outcome, that any individual is certain to receive specific veterans' benefits, or that any 31 individual is certain to receive a specific level, percentage, or amount of veterans' 32 benefits. 33 7. (1) No person shall advise, assist, or consult for compensation with any 34 individual concerning any veterans' benefits matter without clearly providing, at the 35 outset of the business relationship, the following disclosure, both orally and in writing: 36 "This business is not sponsored by, or affiliated with, the United States 37 Department of Veterans Affairs or the Missouri Veterans' Commission, or any 38 other federally chartered veterans service organization. Other organizations, 39 including, but not limited to, the Missouri Veterans' Commission, a local 40 veterans service organization, and other federally chartered veterans service 41 organizations, may be able to provide you with this service free of charge. 42 Products or services offered by this business are not necessarily endorsed by any 43 of these organizations. You may qualify for other veterans' benefits beyond the 44 benefits for which you are receiving services here.". 45 (2) The written disclosure shall appear in at least twelve-point font and shall 46 appear in a readily noticeable and identifiable place in the person's agreement with the 47 individual seeking services. The individual shall verbally acknowledge understanding of 48 the oral disclosure and shall sign the document in which the written disclosure appears, 49 to represent understanding of these provisions. The person offering services shall retain 50 a copy of the written disclosure while providing veterans' benefits services for 51 compensation to the individual and for at least one year after the date on which the 52 service relationship terminates. 53 8. Persons engaging in the preparation of an initial claim for a fee shall not: HB 2758 3
54 (1) Utilize international call centers or data centers for processing veterans' 55 personal information; or 56 (2) Gain direct access to any personal medical, financial, or governmental 57 benefits login, username, or password information. 58 9. A violation of this section shall constitute an unlawful practice under section 59 407.020 and any action authorized in sections 407.010 to 407.130 may be taken. ✔
Statutes affected: