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| 2 | 2 | | HOUSE DOCKET, NO. 3537 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3840 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Colleen M. Garry |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act fraudulent representation of an accredited veterans service officer, accredited agent or |
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| 13 | 13 | | attorney. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/17/2025 1 of 3 |
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| 17 | 17 | | HOUSE DOCKET, NO. 3537 FILED ON: 1/17/2025 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3840 |
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| 19 | 19 | | By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 3840) of Colleen |
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| 20 | 20 | | M. Garry relative to fraudulent representation of an accredited veterans service officer, |
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| 21 | 21 | | accredited agent or attorney. Veterans and Federal Affairs. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act fraudulent representation of an accredited veterans service officer, accredited agent or |
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| 28 | 28 | | attorney. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 – |
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| 32 | 32 | | 2 I. A person is guilty of Fraudulent Representation of an Accredited Veterans Service |
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| 33 | 33 | | 3Officer, Accredited Agent or Attorney if, such person does any of the following: |
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| 34 | 34 | | 4 (a) Falsely represents themselves as an accredited Veterans Service Officer,, Claims |
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| 35 | 35 | | 5Agent or Attorney to execute claims before the Veterans Administration. |
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| 36 | 36 | | 6 (b) Charges any fee for services to assist in a claimant’s preparation, presentation and |
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| 37 | 37 | | 7prosecution of claims for Veterans Benefits. (As defined by 38 CFR § 14.629) |
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| 38 | 38 | | 8 (c) Charges any fee for “Consulting Services” relating to a claimant or interested party of |
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| 39 | 39 | | 9the claimant. 2 of 3 |
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| 40 | 40 | | 10 (d) Solicits applicants of benefits from the Veterans Administration and charges a fee for |
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| 41 | 41 | | 11such services. |
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| 42 | 42 | | 12 (e) Knowingly refers applicants to an unaccredited Veterans Service Officer, Claims |
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| 43 | 43 | | 13Agent or Attorney for which the referrer receives compensation either monetary or otherwise for |
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| 44 | 44 | | 14the referral. |
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| 45 | 45 | | 15 (f) If authorized to charge a fee as an accredited Claims Agent or Attorney but knowingly |
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| 46 | 46 | | 16charges a fee above the maximum fee allowable by 38 CFR § 14:636. |
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| 47 | 47 | | 17 II. Any person prosecuted under this section shall be reported to the Office of General |
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| 48 | 48 | | 18Counsel for the Veterans Administration. |
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| 49 | 49 | | 19 III. For the purposes of this section Veterans Administration shall include the following: |
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| 50 | 50 | | 20Disability Compensation, Pension, (including DIC and Aid and attendance), Education, Home |
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| 51 | 51 | | 21Loan, Health Care, Burial, Life Insurance, Small Business Support, Housing Grants, |
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| 52 | 52 | | 22Employment Benefits. |
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| 53 | 53 | | 23 IV. For the purposes of this section a claimant shall mean a person who has filed or has |
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| 54 | 54 | | 24expressed to an intention to file a written application for determination of entitlement to benefits |
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| 55 | 55 | | 25provided under title 38, United States Code, and implementing directives. |
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| 56 | 56 | | 26 V. For the purposes of this section Consulting Services shall mean a person or |
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| 57 | 57 | | 27organization that gives advice, instruction or review of a claimant’s eligibility or injuries as it |
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| 58 | 58 | | 28relates to the filing of benefits before the Veterans Administration regardless if they assist in |
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| 59 | 59 | | 29filing an application for benefits. 3 of 3 |
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| 60 | 60 | | 30 VI. Exemptions from this law shall apply to lines a through e; Accredited Claims Agents |
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| 61 | 61 | | 31and Accredited Attorneys who have met the qualifications of accreditation by the Veterans |
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| 62 | 62 | | 32Administration and are authorized at the time of the alleged infraction of this law to charge fees. |
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| 63 | 63 | | 33 A fine of no less than $500 shall be imposed for each violation of this law. |
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| 64 | 64 | | 34 All proceeds from enforcement shall go to 1410-0012 line item in Annual Budget for |
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| 65 | 65 | | 35Veterans' Outreach Centers Including Homeless Shelters. |
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