Summary:

 House Bill 245 (HB 245) prohibits receiving compensation for assisting a person to obtain veterans' benefits except as permitted under federal law. 

Legislation Overview:

 House Bill 245 (HB 245) enacts a new section of Chapter 20 NMSA 1978 is enacted, adding the following definitions:

(1) "compensation" means payment of money, a thing of value or a financial benefit; and 

(2) "veterans' benefits matter" means the preparation, presentation or prosecution of a claim affecting a person who has filed or expressed an intent to file a claim for a benefit, program, service, commodity, function or status, entitlement to which is determined under the laws and regulations administered by the United States Department of Veterans Affairs or the United States Department of Defense pertaining to veterans, their dependents, their survivors and any other individual eligible for such benefits. 

Prohibitions are established as follows:

A person may not: (1) receive compensation for preparation, presentation or prosecution of, or advising, consulting or assisting another person with, a veterans' benefits matter, except as permitted under federal law;

(2) receive compensation for referring an individual to another person to prepare, present or prosecute, or advise, consult or assist that person with, a veterans' benefits matter; 
(3) receive, with respect to a person's veterans' benefits matter, compensation for services rendered before the date on which a notice of disagreement, decision review or appeal is filed, whichever occurs first; 

(4) guarantee, either directly or by implication, that any person is certain to receive specific veterans' benefits or that any person is certain to receive a specific level, percentage or amount of veterans' benefits; or 

(5) receive excessive or unreasonable fees as compensation for preparation, presentation or prosecution of, or advising, consulting or assisting a person with, a veterans' benefits matter. 

A person seeking to receive compensation for preparation, presentation or prosecution of, or advising, consulting or assisting another person with, a veterans' benefits matter must, before rendering any services, memorialize in a written agreement signed by both parties. 

The provisions of this section do not apply to an accredited representative of a recognized organization or an accredited agent or attorney. 
 

Current Law:

 Current law does not include prohibitions related to the persons and/or activities described above.