HF 2433 (LSB 5394HH (4) 91)

HOUSE FILE 2433

BY  CROKEN

A BILL FOR

An Act relating to veterans’ benefits claims, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “Iowa Veterans’ Claims Protection Act”.
    Sec. 2.  NEW SECTION.  35E.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Accredited representative” means an attorney, claims agent, or representative of a veterans service organization accredited by the United States department of veterans affairs pursuant to 38 C.F.R. §14.629.
   2.  “Claim” means an application, request, or appeal filed with the United States department of veterans affairs for veterans’ benefits, services, or payments.
    Sec. 3.  NEW SECTION.  35E.2  Prohibited acts.
   A person shall not do any of the following:
   1.  Directly or indirectly solicit, contract for, receive, or attempt to receive any fee or compensation for assisting a veteran, service member, or dependent of a veteran or service member with a claim, unless the person is an accredited representative.
   2.  Misrepresent the person’s United States department of veterans affairs accreditation or affiliation with the United States department of veterans affairs, a veterans service organization, or a government agency.
   3.  Obtain or use a veteran’s or service member’s personal identifying information for unauthorized claims representation.
   4.  Make false, misleading, or deceptive statements regarding the person’s ability to expedite, guarantee, or influence the outcome of a claim.
    Sec. 4.  NEW SECTION.  35E.3  General education or referrals.
   A person who is not an accredited representative and who provides general education regarding claims or a referral to an accredited representative without receiving compensation does not violate section 35E.2.
    Sec. 5.  NEW SECTION.  35E.4  Enforcement.
   1.  The attorney general may impose a civil penalty not to exceed ten thousand dollars per violation of section 35E.2. Civil penalties collected under this subsection shall be deposited in the veterans trust fund created in section 35A.13. The attorney general may also seek an injunction or apply for other equitable relief.
   2.  A veteran, service member, or dependent of a veteran or service member harmed by a violation of section 35E.2 may bring a civil action for damages, attorney fees, and equitable relief.
    Sec. 6.  NEW SECTION.  35E.5  Outreach and education.
   The department of veterans affairs shall do all of the following:
   1.  Conduct outreach to educate veterans and veterans’ families about predatory claims practices.
   2.  Promote awareness of assistance available through accredited representatives.
   3.  Maintain a public list of accredited representatives who serve Iowa veterans.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to veterans’ benefits claims.
   The bill prohibits a person other than an accredited representative, defined in the bill, from receiving or attempting to receive compensation for assisting a veteran, service member, or dependent of a veteran or service member with a claim. The bill also prohibits any person from misrepresenting the person’s United States department of veterans affairs accreditation or affiliation with the United States department of veterans affairs, a veterans service organization, or a government agency; obtaining or using a veteran’s or service member’s personal identifying information for unauthorized claims representation; or making deceptive statements about the person’s ability to expedite or influence the outcome of a claim. The bill does not prohibit a person who is not an accredited representative from providing general education regarding claims or a referral to an accredited representative without receiving compensation.
   The bill provides that a person who violates these provisions is subject to a civil penalty of $10,000 imposed by the attorney general. Civil penalties collected by the attorney general under the bill must be deposited in the veterans trust fund. The attorney general may seek an injunction or other equitable relief. The bill also authorizes a veteran, service member, or veteran’s or service member’s dependent to bring a civil action for damages, attorney fees, and equitable relief.
   The bill requires the department of veterans affairs to conduct outreach to educate veterans and veterans’ families about predatory claims practices, promote awareness of assistance available through accredited representatives, and maintain a public list of accredited representatives.