A 8483: Provides that no entity shall receive fees for services rendered in a veterans' benefits matter until certain notice has been provided to the claimant; provides for the type of notice that shall be provided to claimants; defines terms; makes technical corrections.

  
  STATE OF NEW YORK ________________________________________________________________________ 8483 2025-2026 Regular Sessions  IN ASSEMBLY May 16, 2025 ___________ Introduced by M. of A. O'PHARROW -- read once and referred to the Committee on Veterans' Affairs AN ACT to amend the general business law, in relation to fees for services rendered in veterans' benefits matters The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1, paragraph (d) of subdivi- 2 sion 2, and subdivision 3 of section 349-f of the general business law, 3 as added by chapter 183 of the laws of 2019, are amended to read as 4 follows: 5 (a) The term "veterans' benefits matter" means the preparation, pres- 6 entation, or prosecution of any claim affecting any person who has filed 7 or expressed an intent to file a claim for any benefit, program, 8 service, commodity, function, or status, entitlement to which is deter- 9 mined under the laws and regulations administered by the United States 10 department of veterans affairs or the New York state [division] depart- 11 ment of veterans' [affairs] services pertaining to veterans, their 12 dependents, their survivors, and any other party eligible for such bene- 13 fits. 14 (d) No entity shall receive any fees for any services rendered before 15 the date on which [a notice of disagreement is filed with respect to the 16 party's case] a claimant is provided notice of the agency of original 17 jurisdiction of the United States department of veterans affairs' 18 initial decision under section 5104 of title 38 of the United States 19 code with respect to the case. The limitation in the preceding sentence 20 of this paragraph shall not apply to fees charged, allowed, or paid for 21 services provided with respect to proceedings before a court. 22 3. (a) No entity shall advise or assist for compensation any party 23 with any veterans' benefits matter without clearly providing, at the 24 outset of this business relationship, the following disclosure, both 25 orally and in writing: "this business is not sponsored by, or affiliated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13030-01-5 
 A. 8483 2 1 with, the United States department of veterans affairs, the New York 2 state [division] department of veterans' [affairs] services, or any 3 [other congressionally chartered] veterans service organization. Other 4 organizations, including but not limited to the New York state [divi- 5 sion] department of veterans' [affairs] services, your local county 6 veterans service agency, and [other congressionally chartered] veterans 7 service organizations, may be able to provide you with this service free 8 of charge. Products or services offered by this business are not neces- 9 sarily endorsed by any of these organizations. You may qualify for other 10 veterans' benefits beyond the benefits for which you are receiving 11 services here." The written disclosure must appear in at least twelve- 12 point font and must appear in a readily noticeable and identifiable 13 place in the entity's agreement with the party seeking services. The 14 party must verbally acknowledge understanding of the oral disclosure and 15 must provide [his or her] their signature to represent understanding of 16 these provisions on the document in which the written disclosure 17 appears. The entity offering services must retain a copy of the written 18 disclosure while providing veterans' benefits services for compensation 19 to the party and for at least one year after the date on which this 20 service relationship terminates. 21 (b) No entity shall advertise for-compensation services in veterans 22 benefits matters without including the following disclosure: "this busi- 23 ness is not sponsored by, or affiliated with, the United States depart- 24 ment of veterans affairs, the New York state [division] department of 25 veterans' [affairs] services, or any [other congressionally chartered] 26 veterans service organization. Other organizations, including but not 27 limited to the New York state [division] department of veterans' 28 [affairs] services, your local county veterans service agency, and 29 [other congressionally chartered] veterans service organizations, may be 30 able to provide you with these services free of charge. Products or 31 services offered by this business are not necessarily endorsed by any of 32 these organizations. You may qualify for other veterans' benefits beyond 33 the services that this business offers." If the advertisement is print- 34 ed, including but not limited to advertisements visible to internet 35 users, the disclosure must appear in a readily visible place on the 36 advertisement. If the advertisement is verbal, the spoken statement of 37 the disclosure must be clear and intelligible. 38 § 2. Subdivision 1 of section 349-f of the general business law is 39 amended by adding a new paragraph (d) to read as follows: 40 (d) The term "veterans service organization" means any organization 41 recognized and approved by the United States secretary of veterans 42 affairs under 38 U.S.C. § 5902 and 38 C.F.R. § 14.628. 43 § 3. This act shall take effect immediately.