Private veterans claims advisers would face fee limits and safeguards

Covered paid advisers would need signed fee agreements and could collect fees only when benefits increase. The rules would cover claims help for veterans and other eligible people. They would exclude representatives accredited or regulated by the United States Department of Veterans Affairs and state or county veterans service officers. Fees could not exceed five times the monthly benefit increase. Advisers could not charge initial or nonrefundable fees or interest on payment plans. If the fee exceeds awarded back benefits, advisers could not demand one full payment. They would have to offer installments no larger than the monthly benefit increase. For claims filed within the one-year period following release from active duty, payment would require the veteran's signed acknowledgment that they are choosing to give up available free services. Both parties would have to sign the fee agreement before services begin.

Covered paid advisers would need credentials. Acting as a veteran's agent or attorney would require recognition by the United States Secretary of Veterans Affairs. These requirements would exclude representatives already accredited or regulated by the United States Department of Veterans Affairs and state or county veterans service officers. Paid advisers would have to maintain certification from the National Association for Veterans Rights or accreditation from the United States Department of Veterans Affairs. They could not receive direct or indirect payment for referring someone for claims help unless state or federal law allows it. The proposal would preserve fee sharing between attorneys when Nebraska law and professional rules allow it.

Covered paid advisers would have to disclose possible free help and their lack of government ties. They could not guarantee success or specific benefits. These duties would exclude representatives accredited or regulated by the United States Department of Veterans Affairs and state or county veterans service officers. The disclosure would explain that the business has no ties to the named government agencies or federally chartered veterans organizations. It would also explain that free help and other benefits may be available. The disclosure would say those organizations do not necessarily endorse the business's products or services. The agreement would need a clearly placed disclosure in at least 12-point type and the client's signed acknowledgment that they understand it. Advisers would provide the disclosure when the business relationship begins and keep a copy throughout that relationship and for at least one year afterward.

Covered paid advisers would have to follow privacy rules and check people before giving them access to clients' medical or financial information. These safeguards would exclude representatives accredited or regulated by the United States Department of Veterans Affairs and state or county veterans service officers. Advisers could not use international data centers to process clients' personal information or directly access login details for medical, financial, or government benefits accounts. A reputable source would have to verify identity and check criminal history before anyone receives access to a client's medical or financial information. Violations of any requirement in the proposed act would count as deceptive business practices. Remedies or penalties under Nebraska's Uniform Deceptive Trade Practices Act would apply.