Proposal would limit fees and require counseling for veterans claims

People generally could not charge to help with veterans benefit claims or to refer someone to a claims helper. This would cover claims before the U.S. Department of Veterans Affairs, the U.S. Department of Defense, or the Kansas Office of Veterans Services. Federal law may allow compensation in some cases. Kansas law could still allow proper fee sharing between attorneys.

The Kansas Office of Veterans Services would have to offer counseling about the benefits claim process. The counseling requirement would apply to potential claimants seeking benefits under the listed federal rules, except for the specified types of benefits. Counseling would not apply to people seeking burial or memorial, career or employment, health care, education or training, housing assistance, or life insurance benefits from the U.S. Department of Veterans Affairs. For a potential claimant with an appointed fiduciary, the fiduciary would seek counseling before accepting a contract. If a for-profit claims service provider failed to ensure counseling was completed, its contract with the claimant would be void and count as first evidence of an unfair consumer practice. For covered contracts, the claimant would need to complete counseling before the contract could be valid. A fiduciary would seek counseling before accepting the contract.

Certain contracts could not require claimants to share account access details or give up legal rights; paid claims helpers would have to follow specified conduct standards. Contract limits would apply to agreements with current or former service members, survivors of deceased former service members, and an appointed beneficiary fiduciary. Conduct standards would apply to anyone paid to help with a veterans benefit matter. A contract with a prohibited term would count as first evidence of an unfair consumer practice under Kansas law. The conduct standards would cover advertising, finding clients, confidentiality, care, honesty, and pursuing the client's best interest.