Bill > S0695

This bill, titled the "South Carolina Safeguarding American Veterans' Benefits Act," aims to protect veterans by establishing clear rules and penalties for individuals or entities assisting with claims for benefits from the U.S. Department of Veterans Affairs, Department of Defense, or Department of Homeland Security. It defines key terms like "claim" (any application for benefits or appeals), "compensation" (payment or financial benefit), and "veterans' benefits matter" (anything related to preparing or presenting a veteran's claim). The bill prohibits charging fees for preparing, advising on, or prosecuting these claims, except as allowed by federal law, and also forbids charging for referring individuals to others for such services, with an exception for licensed attorneys under specific conditions. Furthermore, it makes it illegal to guarantee specific benefit amounts and prohibits "excessive or unreasonable fees," outlining factors to determine what constitutes such fees, including the services performed, complexity of the case, time spent, and results achieved. The bill includes exceptions for licensed attorneys handling medical liens, accredited representatives of recognized organizations, and employees of South Carolina Veterans' Homes acting within their official capacity. Any agreement for compensation must be in writing, detailing signatures, fee calculations, claimant and veteran information, and any third-party payers. Violators face misdemeanor charges, including fines and imprisonment, and individuals harmed by violations can seek damages under the South Carolina Unfair Trade Practices Act, while the Attorney General can seek injunctions and civil penalties, with collected penalties going to the state's Veterans' Trust Fund.

Health and Social Services, Military Affairs and Security

https://www.scstatehouse.gov/billsearch.php?billnumbers=0695&session=126&summary=B