Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW . | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *hb0267* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 267 | |
11 | 8 | P1, I3 5lr1199 | |
12 | - | (PRE–FILED) CF | |
9 | + | (PRE–FILED) CF 5lr1200 | |
13 | 10 | By: Delegates Allen and Rogers | |
14 | 11 | Requested: October 15, 2024 | |
15 | 12 | Introduced and read first time: January 8, 2025 | |
16 | 13 | Assigned to: Economic Matters | |
17 | - | Committee Report: Favorable | |
18 | - | House action: Adopted | |
19 | - | Read second time: March 6, 2025 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | 19 | Veterans Benefits Matters – Claim Servicers – Prohibitions and Requirements 2 | |
26 | 20 | ||
27 | 21 | FOR the purpose of establishing prohibitions and requirements regarding compensation 3 | |
28 | 22 | for certain services related to veterans benefits matters; prohibiting a person that is 4 | |
29 | 23 | not V.A. accredited from making certain guarantees; providing for the enforcement 5 | |
30 | 24 | of this Act under the Maryland Consumer Protection Act; repealing certain 6 | |
31 | 25 | advertising and disclosure requirements for veterans benefits services and veterans 7 | |
32 | 26 | benefits appeals services; and generally relating to veterans benefits matters. 8 | |
33 | 27 | ||
34 | 28 | BY repealing and reenacting, with amendments, 9 | |
35 | 29 | Article – Commercial Law 10 | |
36 | 30 | Section 13–301(14)(xliv) 11 | |
37 | 31 | Annotated Code of Maryland 12 | |
38 | 32 | (2013 Replacement Volume and 2024 Supplement) 13 | |
39 | 33 | (As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 14 | |
40 | 34 | General Assembly of 2024) 15 | |
41 | 35 | ||
42 | 36 | BY repealing and reenacting, without amendments, 16 | |
43 | 37 | Article – Commercial Law 17 | |
44 | 38 | Section 13–301(14)(xlv) and (15) 18 | |
45 | 39 | Annotated Code of Maryland 19 | |
46 | 40 | (2013 Replacement Volume and 2024 Supplement) 20 | |
47 | 41 | ||
48 | - | BY adding to 21 2 HOUSE BILL 267 | |
42 | + | BY adding to 21 | |
43 | + | Article – Commercial Law 22 | |
44 | + | Section 13–301(14)(xlvi) 23 | |
45 | + | Annotated Code of Maryland 24 | |
46 | + | (2013 Replacement Volume and 2024 Supplement) 25 | |
47 | + | ||
48 | + | BY repealing 26 2 HOUSE BILL 267 | |
49 | 49 | ||
50 | 50 | ||
51 | - | Article – | |
52 | - | Section | |
51 | + | Article – State Government 1 | |
52 | + | Section 9–905.1 2 | |
53 | 53 | Annotated Code of Maryland 3 | |
54 | - | ( | |
54 | + | (2021 Replacement Volume and 2024 Supplement) 4 | |
55 | 55 | ||
56 | - | BY | |
56 | + | BY adding to 5 | |
57 | 57 | Article – State Government 6 | |
58 | 58 | Section 9–905.1 7 | |
59 | 59 | Annotated Code of Maryland 8 | |
60 | 60 | (2021 Replacement Volume and 2024 Supplement) 9 | |
61 | 61 | ||
62 | - | BY adding to 10 | |
63 | - | Article – State Government 11 | |
64 | - | Section 9–905.1 12 | |
65 | - | Annotated Code of Maryland 13 | |
66 | - | (2021 Replacement Volume and 2024 Supplement) 14 | |
62 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 | |
63 | + | That the Laws of Maryland read as follows: 11 | |
67 | 64 | ||
68 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
69 | - | That the Laws of Maryland read as follows: 16 | |
65 | + | Article – Commercial Law 12 | |
70 | 66 | ||
71 | - | ||
67 | + | 13–301. 13 | |
72 | 68 | ||
73 | - | ||
69 | + | Unfair, abusive, or deceptive trade practices include any: 14 | |
74 | 70 | ||
75 | - | | |
71 | + | (14) Violation of a provision of: 15 | |
76 | 72 | ||
77 | - | ( | |
73 | + | (xliv) Title 14, Subtitle 49 of this article; [or] 16 | |
78 | 74 | ||
79 | - | ( | |
75 | + | (xlv) Section 12–6C–09.1 of the Health Occupations Article; or 17 | |
80 | 76 | ||
81 | - | (xlv) Section 12–6C–09.1 of the Health Occupations Article; or 22 | |
77 | + | (XLVI) SECTION 9–905.1 OF THE STATE GOVERNMENT 18 | |
78 | + | ARTICLE; OR 19 | |
82 | 79 | ||
83 | - | (XLVI) SECTION 9–905.1 OF THE STATE GOVERNMENT 23 | |
84 | - | ARTICLE; OR 24 | |
80 | + | (15) Act or omission that relates to a residential building and that is 20 | |
81 | + | chargeable as a misdemeanor under or otherwise violates a provision of the Energy 21 | |
82 | + | Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article. 22 | |
85 | 83 | ||
86 | - | (15) Act or omission that relates to a residential building and that is 25 | |
87 | - | chargeable as a misdemeanor under or otherwise violates a provision of the Energy 26 | |
88 | - | Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article. 27 | |
84 | + | Article – State Government 23 | |
89 | 85 | ||
90 | - | ||
86 | + | [9–905.1. 24 | |
91 | 87 | ||
92 | - | ||
88 | + | (a) (1) In this section the following words have the meanings indicated. 25 | |
93 | 89 | ||
94 | - | ( | |
90 | + | (2) “Advertisement” means: 26 | |
95 | 91 | ||
96 | - | (2) “Advertisement” means: 31 | |
92 | + | (i) a written or printed communication made for the purpose of 27 | |
93 | + | soliciting business for veterans benefits appeals services; 28 | |
94 | + | ||
95 | + | (ii) a directory listing for a person that is offering veterans benefits 29 | |
96 | + | appeals services; or 30 | |
97 | 97 | HOUSE BILL 267 3 | |
98 | 98 | ||
99 | 99 | ||
100 | - | (i) a written or printed communication made for the purpose of 1 | |
101 | - | soliciting business for veterans benefits appeals services; 2 | |
100 | + | (iii) a radio, television, computer network or airwave, or electronic 1 | |
101 | + | transmission that solicits business for or promotes a person offering veterans benefits 2 | |
102 | + | appeals services. 3 | |
102 | 103 | ||
103 | - | (ii) a directory listing for a person that is offering veterans benefits 3 | |
104 | - | appeals services; or 4 | |
104 | + | (3) “Veterans benefits appeals services” means any services that a veteran 4 | |
105 | + | might reasonably require in order to appeal a denial of federal, state, or local veterans 5 | |
106 | + | benefits, including denials of disability, limited income, home loan, insurance, education 6 | |
107 | + | and training, health care, burial and memorial, and dependent and survivor benefits. 7 | |
105 | 108 | ||
106 | - | ( | |
107 | - | ||
108 | - | ||
109 | + | (4) “Veterans benefits services” means any services a veteran or a family 8 | |
110 | + | member of a veteran might reasonably use in order to obtain federal, state, or local veterans 9 | |
111 | + | benefits. 10 | |
109 | 112 | ||
110 | - | (3) “Veterans benefits appeals services” means any services that a veteran 8 | |
111 | - | might reasonably require in order to appeal a denial of federal, state, or local veterans 9 | |
112 | - | benefits, including denials of disability, limited income, home loan, insurance, education 10 | |
113 | - | and training, health care, burial and memorial, and dependent and survivor benefits. 11 | |
113 | + | (b) (1) Before entering into an agreement with an individual for the provision 11 | |
114 | + | of veterans benefits services or veterans benefits appeals services, a person who charges a 12 | |
115 | + | fee for those services shall: 13 | |
114 | 116 | ||
115 | - | (4) “Veterans benefits services” means any services a veteran or a family 12 | |
116 | - | member of a veteran might reasonably use in order to obtain federal, state, or local veterans 13 | |
117 | - | benefits. 14 | |
117 | + | (i) provide a written disclosure statement to each individual; and 14 | |
118 | 118 | ||
119 | - | (b) (1) Before entering into an agreement with an individual for the provision 15 | |
120 | - | of veterans benefits services or veterans benefits appeals services, a person who charges a 16 | |
121 | - | fee for those services shall: 17 | |
119 | + | (ii) obtain the individual’s signature on the written disclosure 15 | |
120 | + | statement acknowledging that the individual understands the disclosure statement. 16 | |
122 | 121 | ||
123 | - | ( | |
122 | + | (2) The written disclosure statement shall: 17 | |
124 | 123 | ||
125 | - | (ii) obtain the individual’s signature on the written disclosure 19 | |
126 | - | statement acknowledging that the individual understands the disclosure statement. 20 | |
124 | + | (i) be on a form approved by the Secretary; and 18 | |
127 | 125 | ||
128 | - | (2) The written disclosure statement shall: 21 | |
126 | + | (ii) state that veterans benefits services and veterans benefits 19 | |
127 | + | appeals services are offered at no cost by the Department and other veterans services 20 | |
128 | + | organizations accredited by the U.S. Department of Veterans Affairs. 21 | |
129 | 129 | ||
130 | - | (i) be on a form approved by the Secretary; and 22 | |
130 | + | (c) A person who charges a fee for providing veterans benefits appeals services 22 | |
131 | + | shall provide in any advertisement for appeals services notice that appeals services are also 23 | |
132 | + | offered at no cost by the Department and other veterans services organizations accredited 24 | |
133 | + | by the U.S. Department of Veterans Affairs. 25 | |
131 | 134 | ||
132 | - | (ii) state that veterans benefits services and veterans benefits 23 | |
133 | - | appeals services are offered at no cost by the Department and other veterans services 24 | |
134 | - | organizations accredited by the U.S. Department of Veterans Affairs. 25 | |
135 | + | (d) (1) A person who violates the provisions of this section is subject to a civil 26 | |
136 | + | penalty of not more than $1,000 for each violation. 27 | |
135 | 137 | ||
136 | - | (c) A person who charges a fee for providing veterans benefits appeals services 26 | |
137 | - | shall provide in any advertisement for appeals services notice that appeals services are also 27 | |
138 | - | offered at no cost by the Department and other veterans services organizations accredited 28 | |
139 | - | by the U.S. Department of Veterans Affairs. 29 | |
138 | + | (2) Civil penalties shall be in an amount ordered by the District Court in 28 | |
139 | + | an action brought by the Attorney General. 29 | |
140 | 140 | ||
141 | - | (d) (1) A person who violates the provisions of this section is subject to a civil 30 | |
142 | - | penalty of not more than $1,000 for each violation. 31 | |
141 | + | (3) Each day a violation continues is a separate violation. 30 | |
143 | 142 | ||
144 | - | (2) Civil penalties shall be in an amount ordered by the District Court in 32 | |
145 | - | an action brought by the Attorney General. 33 | |
146 | - | 4 HOUSE BILL 267 | |
143 | + | (4) Any civil penalty collected shall be deposited in the Maryland Veterans 31 | |
144 | + | Trust Fund.] 32 | |
145 | + | ||
146 | + | 9–905.1. 33 4 HOUSE BILL 267 | |
147 | 147 | ||
148 | 148 | ||
149 | - | (3) Each day a violation continues is a separate violation. 1 | |
150 | 149 | ||
151 | - | ( | |
152 | - | ||
150 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1 | |
151 | + | INDICATED. 2 | |
153 | 152 | ||
154 | - | 9–905.1. 4 | |
153 | + | (2) “COMPENSATION ” MEANS PAYMENT OF MON EY, A THING OF 3 | |
154 | + | VALUE, OR A FINANCIAL BENEF IT. 4 | |
155 | 155 | ||
156 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5 | |
157 | - | INDICATED. 6 | |
156 | + | (3) “V.A. ACCREDITED” MEANS AUTHORIZED BY THE U.S. 5 | |
157 | + | DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE SE RVICES IN ACCORDANCE WITH 6 | |
158 | + | 38 C.F.R. § 14.629. 7 | |
158 | 159 | ||
159 | - | (2) “COMPENSATION ” MEANS PAYMENT OF MON EY, A THING OF 7 | |
160 | - | VALUE, OR A FINANCIAL BENEF IT. 8 | |
160 | + | (4) “VETERANS BENEFITS MAT TER” MEANS A CLAIM OR APP EAL 8 | |
161 | + | AFFECTING AN INDIVID UAL WHO HAS FILED OR EXPRESSED AN INTENT TO FILE A 9 | |
162 | + | CLAIM FOR ANY BENEFI T, PROGRAM, SERVICE, COMMODITY , FUNCTION, OR STATUS, 10 | |
163 | + | TO WHICH ENTI TLEMENT IS DETERMINE D UNDER THE LAWS AND REGULATIONS 11 | |
164 | + | ADMINISTERED BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS OR THE U.S. 12 | |
165 | + | DEPARTMENT OF DEFENSE PERTAINING TO VETERANS, THEIR DEPENDENTS , THEIR 13 | |
166 | + | SURVIVORS, AND ANY OTHER INDIVI DUAL ELIGIBLE FOR SU CH BENEFITS. 14 | |
161 | 167 | ||
162 | - | (3) “V.A. ACCREDITED” MEANS AUTHORIZED BY THE U.S. 9 | |
163 | - | DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE SE RVICES IN ACCORDANCE WITH 10 | |
164 | - | 38 C.F.R. § 14.629. 11 | |
168 | + | (B) A PERSON THAT IS NOT V.A. ACCREDITED MAY NOT : 15 | |
165 | 169 | ||
166 | - | (4) “VETERANS BENEFITS MAT TER” MEANS A CLAIM OR APP EAL 12 | |
167 | - | AFFECTING AN INDIVID UAL WHO HAS FILED OR EXPRESSED AN INTENT TO FILE A 13 | |
168 | - | CLAIM FOR ANY BENEFI T, PROGRAM, SERVICE, COMMODITY , FUNCTION, OR STATUS, 14 | |
169 | - | TO WHICH ENTITLEMENT IS DETERMINED UNDER THE LAWS AND REGULAT IONS 15 | |
170 | - | ADMINISTERED BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS OR THE U.S. 16 | |
171 | - | DEPARTMENT OF DEFENSE PERTAINING TO VETERANS, THEIR DEPENDENTS , THEIR 17 | |
172 | - | SURVIVORS, AND ANY OTHER INDIVI DUAL ELIGIBLE FOR SU CH BENEFITS. 18 | |
170 | + | (1) EXCEPT AS AUTHORIZED UNDER FEDERAL LAW , RECEIVE 16 | |
171 | + | COMPENSATION FOR : 17 | |
173 | 172 | ||
174 | - | (B) A PERSON THAT IS NOT V.A. ACCREDITED MAY NOT : 19 | |
173 | + | (I) PREPARING, PRESENTING, OR PROSECUTING A VET ERANS 18 | |
174 | + | BENEFITS MATTER ; OR 19 | |
175 | 175 | ||
176 | - | ( | |
177 | - | ||
176 | + | (II) ADVISING, CONSULTING , OR ASSISTING AN INDIVIDUAL 20 | |
177 | + | WITH REGARD TO A VET ERANS BENEFITS MATTE R; 21 | |
178 | 178 | ||
179 | - | (I) PREPARING, PRESENTING, OR PROSECUTING A VETERAN S 22 | |
180 | - | BENEFITS MATTER ; OR 23 | |
179 | + | (2) RECEIVE COMPENSATION FOR REFERRING AN IND IVIDUAL TO 22 | |
180 | + | ANOTHER PERSON FOR T HE PREPARATION , PRESENTATION , OR PROSECUTION OF A 23 | |
181 | + | VETERANS BENEFITS MA TTER OR ADVICE , CONSULTATION , OR ASSISTANCE WITH A 24 | |
182 | + | VETERANS BENEFITS MA TTER; OR 25 | |
181 | 183 | ||
182 | - | ( | |
183 | - | ||
184 | + | (3) GUARANTEE , EITHER DIRECTLY OR B Y IMPLICATION , THAT AN 26 | |
185 | + | INDIVIDUAL IS CERTAI N TO RECEIVE: 27 | |
184 | 186 | ||
185 | - | (2) RECEIVE COMPENSATION FOR REFERRING AN IND IVIDUAL TO 26 | |
186 | - | ANOTHER PERSON FOR T HE PREPARATION , PRESENTATION , OR PROSECUTION OF A 27 | |
187 | - | VETERANS BENEFITS MA TTER OR ADVICE , CONSULTATION , OR ASSISTANCE WITH A 28 | |
188 | - | VETERANS BENEFITS MA TTER; OR 29 | |
187 | + | (I) SPECIFIC VETERANS BE NEFITS; OR 28 | |
189 | 188 | ||
190 | - | ( | |
191 | - | ||
189 | + | (II) A SPECIFIC LEVEL , PERCENTAGE , OR AMOUNT OF 29 | |
190 | + | VETERANS BENEFITS . 30 | |
192 | 191 | HOUSE BILL 267 5 | |
193 | 192 | ||
194 | 193 | ||
195 | - | (I) SPECIFIC VETERANS BE NEFITS; OR 1 | |
194 | + | (C) (1) A PERSON M AY NOT RECEIVE EXCES SIVE OR UNREASONABLE 1 | |
195 | + | FEES, AS DETERMINED IN ACC ORDANCE WITH 38 C.F.R. § 14.636(E), AS 2 | |
196 | + | COMPENSATION FOR PRE PARING, PRESENTING, OR PROSECUTING A VET ERANS 3 | |
197 | + | BENEFITS MATTER OR A DVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL WITH 4 | |
198 | + | A VETERANS BENEFITS MATTER . 5 | |
196 | 199 | ||
197 | - | (II) A SPECIFIC LEVEL , PERCENTAGE , OR AMOUNT OF 2 | |
198 | - | VETERANS BENEFITS . 3 | |
200 | + | (2) A PERSON SEEKING TO RE CEIVE COMPENSATION F OR 6 | |
201 | + | PREPARING, PRESENTING, OR PROSECUTING A VET ERANS BENEFITS MATTE R OR 7 | |
202 | + | ADVISING, CONSULTING, OR ASSISTING AN INDI VIDUAL WITH A VETERA NS BENEFITS 8 | |
203 | + | MATTER SHALL , BEFORE RENDERING ANY SERVICES, ENTER INTO A WRITTEN FEE 9 | |
204 | + | AGREEMENT , SIGNED BY BOTH PARTI ES, THAT ADHERES TO ALL CRITERIA 10 | |
205 | + | SPECIFIED IN 38 C.F.R. § 14.636. 11 | |
199 | 206 | ||
200 | - | (C) (1) A PERSON MAY NOT RECEI VE EXCESSIVE OR UNRE ASONABLE 4 | |
201 | - | FEES, AS DETERMINED IN ACC ORDANCE WITH 38 C.F.R. § 14.636(E), AS 5 | |
202 | - | COMPENSATION FOR PRE PARING, PRESENTING, OR PROSECUTING A VET ERANS 6 | |
203 | - | BENEFITS MATTER OR A DVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL WITH 7 | |
204 | - | A VETERANS BENEFITS MATTER. 8 | |
207 | + | (D) (1) A VIOLATION OF THIS SE CTION: 12 | |
205 | 208 | ||
206 | - | (2) A PERSON SEEKING TO RE CEIVE COMPENSATION F OR 9 | |
207 | - | PREPARING, PRESENTING, OR PROSECUTING A VET ERANS BENEFITS MATTE R OR 10 | |
208 | - | ADVISING, CONSULTING, OR ASSISTING AN INDIVIDUAL WIT H A VETERANS BENEFIT S 11 | |
209 | - | MATTER SHALL , BEFORE RENDERING ANY SERVICES, ENTER INTO A WRITTEN FEE 12 | |
210 | - | AGREEMENT , SIGNED BY BOTH PARTI ES, THAT ADHERES TO ALL CRITERIA 13 | |
211 | - | SPECIFIED IN 38 C.F.R. § 14.636. 14 | |
209 | + | (I) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 13 | |
210 | + | WITHIN THE MEANING O F TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 14 | |
212 | 211 | ||
213 | - | (D) (1) A VIOLATION OF THIS SE CTION: 15 | |
212 | + | (II) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y 15 | |
213 | + | PROVISIONS CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 16 | |
214 | 214 | ||
215 | - | (I) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 16 | |
216 | - | WITHIN THE MEANING O F TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 17 | |
215 | + | (2) ANY CIVIL OR ADMINIST RATIVE PENALTY COLLE CTED BY THE 17 | |
216 | + | ATTORNEY GENERAL IN AN ACTION UNDER THIS SECTION SHALL BE DEPOSITED I N 18 | |
217 | + | THE MARYLAND VETERANS TRUST FUND. 19 | |
217 | 218 | ||
218 | - | | |
219 | - | ||
219 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 | |
220 | + | October 1, 2025. 21 | |
220 | 221 | ||
221 | - | (2) ANY CIVIL OR AD MINISTRATIVE PENALTY COLLECTED BY THE 20 | |
222 | - | ATTORNEY GENERAL IN AN ACTION UNDER THIS SECTION S HALL BE DEPOSITED IN 21 | |
223 | - | THE MARYLAND VETERANS TRUST FUND. 22 | |
224 | - | ||
225 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
226 | - | October 1, 2025. 24 | |
227 | - | ||
228 | - | ||
229 | - | ||
230 | - | ||
231 | - | Approved: | |
232 | - | ________________________________________________________________________________ | |
233 | - | Governor. | |
234 | - | ________________________________________________________________________________ | |
235 | - | Speaker of the House of Delegates. | |
236 | - | ________________________________________________________________________________ | |
237 | - | President of the Senate. |