2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill provides for disclosure of federal laws governing assistance to veterans when
10 they are applying for benefits, a notification requirement for those providers of
11 assistance, and requires the Utah Department of Veterans' and Military Affairs to keep a
12 list of accredited providers.
13 Highlighted Provisions:
14 This bill:
15 ▸ creates definitions;
16 ▸ reiterates the requirement that anyone providing assistance must be federally
17 accredited;
18 ▸ provides disclosure requirements for any person assisting a veteran to apply for
19 benefits;
20 ▸ specifies that the disclosure shall include the federal prohibition for charging a fee
21 for assistance;
22 ▸ requires that disclosures be in writing and copies provided to the veteran;
23 ▸ creates certain duties for the executive director of the Utah Department of Veterans'
24 and Military Affairs in processing benefit assistance complaints by veterans; and
25 ▸ exempts veterans service organizations.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 ENACTS:
32 71-13-101, Utah Code Annotated 1953
33 71-13-102, Utah Code Annotated 1953
34 71-13-103, Utah Code Annotated 1953
35 71-13-104, Utah Code Annotated 1953
36 71-13-105, Utah Code Annotated 1953
37 71-13-106, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 71-13-101 is enacted to read:
41
42 71-13-101. Title.
43 This chapter is known as the "Veteran Benefits Claim Assistance Act."
44 Section 2. Section 71-13-102 is enacted to read:
45 71-13-102. Definitions.
46 As used in this chapter:
47 (1) "Accredited" means an individual has been authorized by Code of Federal
48 Regulations, Title 38, Pensions, Bonuses, and Veterans' Relief, to provide assistance to
49 veterans and their dependents through the United States Department of Veterans Affairs
50 accreditation program for claiming veteran benefits.
51 (2) "Assistance" means preparation, presentation, and prosecution of claim for veteran
52 benefits on behalf of a veteran or the veteran's dependents.
53 (3) "Claimant" means a veteran or a veteran's dependent who has expressed an intent to
54 file a claim for veteran benefits.
55 (4) "Department" means the Utah Department of Veterans' and Military Affairs.
56 (5) "Executive director" means the executive director of the Utah Department of
57 Veterans' and Military Affairs.
58 (6) "Referring entity" means an individual, business, or organization licensed in this
59 state who refers for assistance or assists a veteran or a veteran's dependents with an original
60 claim for veteran benefits.
61 (7) "VA" means the United States Department of Veterans Affairs.
62 (8) "Veteran" includes all eligible dependents.
63 Section 3. Section 71-13-103 is enacted to read:
64 71-13-103. Disclosure requirement for assisting a veteran benefit claimant.
65 (1) Each person offering to assist veterans in applying for benefits shall:
66 (a) be federally accredited, in compliance with the provisions of Code of Federal
67 Regulations, Title 38, Pensions, Bonuses, and Veterans' Relief, or employed and directly
68 supervised by a federally accredited person; and
69 (b) disclose in writing, in a format approved by the department that the veteran can
70 retain, the federal law governing assistance to veterans for obtaining benefits.
71 (2) The disclosure required by Subsection (1)(b) shall specifically include:
72 (a) the individual's name;
73 (b) the individual's business address;
74 (c) the individual's business phone number;
75 (d) the individual's VA registration number;
76 (e) a statement of the veteran's rights regarding the individual's assistance, which
77 includes that there is no charge for assistance with the initial benefits application;
78 (f) any charges that might apply for subsequent assistance; and
79 (g) a statement that if, as a result of the individual providing assistance to the veteran,
80 income is accrued to the assisting individual from the sale of a product or other services to the
81 veteran, the income is both justified and reasonable as compared with income from similar
82 products and services available in the state.
83 (3) No provisions of the form may be struck out or designated as nonapplicable.
84 (4) Disclosure forms, when completed, shall be:
85 (a) signed by both the individual providing assistance and the veteran being assisted;
86 and
87 (b) retained for three years by the assisting individual.
88 (5) Copies of the disclosure form shall be provided to:
89 (a) the veteran on the day the form is completed and signed; and
90 (b) the department within five working days.
91 Section 4. Section 71-13-104 is enacted to read:
92 71-13-104. Education requirements.
93 All individuals and attorneys providing assistance to a veteran shall complete:
94 (1) three hours of qualifying education as specified in 38 C.F.R. 14.629(b) during the
95 first 12 month period following the date of initial accreditation; and
96 (2) an additional three hours of qualifying continuing education every two years
97 following the initial 12 month period.
98 Section 5. Section 71-13-105 is enacted to read:
99 71-13-105. Department responsibilities -- Notification -- Assistance -- Complaints
100 -- Claimant responsibilities.
101 (1) The Utah Department of Veterans' and Military Affairs shall notify in writing,
102 which may include electronically, each veteran for whom the department has contact
103 information that any individual or business offering to assist veterans in applying for benefits
104 shall disclose in writing to the veteran the following:
105 (a) 38 C.F.R. 14.629 and 38 C.F.R. 14.630 require that anyone assisting a veteran to
106 apply for benefits be federally accredited;
107 (b) federal law prohibits charging a veteran a fee for assisting with the initial
108 application for benefits; and
109 (c) the department's website has a list with contact information of federally accredited
110 advisors.
111 (2) Beginning July 1, 2015, and every three years after, the department shall:
112 (a) notify the Insurance Department regarding the federal law governing assistance for
113 veterans applying for benefits, and the Insurance Department shall notify all individual
114 producers and consultants licensed by the Insurance Department at the time of initial licensing
115 and upon license renewal of those same federal laws governing assistance for veterans applying
116 for benefits;
117 (b) contact the Utah State Bar regarding federal law governing legal assistance for
118 veterans applying for benefits and request that the association provide continuing legal
119 education on federal laws governing assistance; and
120 (c) notify the Utah Department of Health regarding federal law governing the
121 assistance for veterans applying for benefits, and requiring the Utah Department of Health to
122 notify all assisted living and nursing care facilities of those federal laws.
123 (3) The executive director shall establish procedures for processing complaints related
124 to assistance regarding a veteran's claim for benefits.
125 (4) The executive director may audit selected assisting individuals and referring
126 entities for compliance with this chapter and federal laws which govern the provision of
127 assistance to claimants.
128 Section 6. Section 71-13-106 is enacted to read:
129 71-13-106. Exempt organizations.
130 Representatives of the following organizations are exempt from the provisions of this
131 chapter:
132 (1) American Legion;
133 (2) Veterans of Foreign Wars;
134 (3) Disabled American Veterans;
135 (4) Vietnam Veterans of America;
136 (5) American Veterans (AMVET);
137 (6) Military Order of the Purple Heart; and
138 (7) other VA recognized service organizations.
Legislative Review Note
as of 1-29-15 10:26 AM
Office of Legislative Research and General Counsel