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SECOND REGULAR SESSION
HOUSE BILL NO. 2758
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE POUCHE.
4556H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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 conferr ed
3 on, or r eceived by , any person in r eturn for services rende red, or to be rend ered, 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) "V eterans' benefits matter", the pr eparation, pr esentation, or prosecution of
8 any claim affecting any person who has filed or expr essed an intent to file a claim for
9 any benefit, pro gram, 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 r egulations administer ed by the
12 United States Department of V eterans Affairs or the Missouri veterans' commission.
13 2. No person shall receiv e compensation for ref erring any individual to another
14 person to advise or assist the individual with any veterans' benefits matter .
15 3. No person shall rec eive compensation for any services rend ered in connection
16 with any claim filed within the one-year presum ptive period of active-duty release.
EXPLANA TION — 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.
17 4. A person seeking to recei ve compensation for advising, assisting, or consulting
18 with any individual in connection with any veterans' benefits matter shall, before
19 r endering 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 pur ely contingent upon an incr ease in benefits awarded, and if
22 successful, compensation shall not exceed five times the amount of the monthly incr ease
23 in benefits awarded based on the claim. Initial or nonr efundable fees or charges are
24 pr ohibited.
25 5. A person seeking to recei ve compensation for advising, assisting, or consulting
26 with any individual with any veterans' benefits matter shall not utilize a medical
27 pr ofessional with whom the person has an employment or business r elationship for a
28 secondary medical exam.
29 6. No person shall guarantee, either dir ectly or by implication, a successful
30 outcome, that any individual is certain to recei ve specific veterans' benefits, or that any
31 individual is certain to rece ive a specific level, per centage, 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 pr oviding, at the
35 outset of the business r elationship, the following disclosure, both orally and in writing:
36 "This business is not sponsored by , or affiliated with, the United States
37 Department of V eterans Affairs or the Missouri V eterans' Commission, or any
38 other federally charter ed veterans service organization. Other organizations,
39 including, but not limited to, the Missouri V eterans' Commission, a local
40 veterans service organization, and other federally chartered veterans service
41 organizations, may be able to pr ovide you with this service fr ee of charge.
42 Pr oducts or services offer ed by this business ar e not necessarily endorsed by any
43 of these organizations. Y ou may qualify for other veterans' benefits beyond the
44 benefits for which you ar e recei ving services her e.".
45 (2) The written disclosure shall appear in at least twelve-point font and shall
46 appear in a re adily 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 disclosur e and shall sign the document in which the written disclosur e appears,
49 to rep rese nt understanding of these pr ovisions. The person offering services shall reta in
50 a copy of the written disclosure while pr oviding veterans' benefits services for
51 compensation to the individual and for at least one year after the date on which the
52 service rel ationship terminates.
53 8. Persons engaging in the prep aration of an initial claim for a fee shall not:
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54 (1) Utilize international call centers or data centers for process ing veterans'
55 personal information; or
56 (2) Gain dire ct 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.
✔
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