Protects veterans from fraud and unaccredited representatives; institutes a civil penalty of up to $10,000 for violation; establishes the class A misdemeanor crime of unaccredited representation of a veteran; establishes a veterans' services fund.
Impact
If passed, the GUARD VA Benefits Act would directly amend existing veterans' services laws, general business laws, and penal laws to enhance the protection available to veterans. This includes the creation of a veterans' services fund to manage civil penalties and other revenues to support programs aimed at assisting veterans. It mandates the development of an outreach program to increase awareness about potential fraud risks, thereby facilitating better-informed decisions amongst veterans regarding their benefits and rights.
Summary
Bill A08476, known as the 'Governing Unaccredited Representatives Defrauding (GUARD) VA Benefits Act', aims to protect veterans from fraud perpetrated by individuals or entities lacking the authority to assist them in claims related to VA benefits. The legislation includes a range of measures that impose civil penalties of up to $10,000 for violations and establishes the crime of unaccredited representation of veterans as a class A misdemeanor. This act is specifically designed to address the deceptive practices targeting veterans, creating a legal framework to combat these issues that undermines the wellbeing of service members and their families.
Contention
The bill has attracted varied responses from stakeholders in the veterans' advocacy community. Proponents argue that strengthening protections against fraudulent practices is vital for the well-being of veterans, given their vulnerability in navigating complex benefit systems. Conversely, critics express concerns about the potential for overreach or unintended consequences, fearing that some aspects of the bill could hinder legitimate assistance efforts by qualified representatives. They also emphasize the importance of maintaining a balance between robust fraud protection and the accessibility of necessary services for veterans seeking legitimate aid.
Same As
Protects veterans from fraud and unaccredited representatives; institutes a civil penalty of up to $10,000 for violation; establishes the class A misdemeanor crime of unaccredited representation of a veteran; establishes a veterans' services fund.
Relates to establishing distinctive "Women Veterans" plates and the women veterans support fund; establishes that moneys of the fund will be used for women veteran homelessness, counseling and other programs that support women veterans.
Requires the notification to veterans of the availability of veterans' services free of charge by federal, state, and local veteran agencies; requires certain disclosures to be provided when notifying veterans about available services; provides for civil penalties for any violations.
Establishes certain protections related to the receipt of compensation for advising or assisting with veterans' benefits matters, including penalties for violations.
Establishes the "New York state veterans cemetery act"; directs the division to conduct an investigation and study on the issue of the establishment of a New York state veterans cemetery funding program.
Payment rates established for certain substance use disorder treatment services, and vendor eligibility recodified for payments from the behavioral health fund.