Utah Code 71A-4-104. Veterans Benefits Application Assistance Act — Department responsibilities — Notification — Assistance — Complaints — Claimant responsibilities
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(1) The department shall notify in writing each veteran for whom the department has contact information that any individual or business offering to assist veterans in applying for benefits shall disclose in writing to the veteran the following:
Terms Used In Utah Code 71A-4-104
- Accredited: means a veterans service organization representative, agent, or attorney to whom authority has been granted by the VA to provide assistance to claimants in the preparation, presentation, and prosecution of claims for VA benefits. See Utah Code 71A-4-101
- Assistance: means an accredited individual providing claimant-specific recommendations or preparing or submitting an application for VA benefits on behalf of a claimant. See Utah Code 71A-4-101
- Department: means the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
- Executive director: means the executive director of the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- VA benefits: means any payment, service, commodity, function, or status entitlement which is determined under laws administered by the VA pertaining to veterans, dependents, and survivors as well as other potential beneficiaries under United States Code,
Title 38 . See Utah Code 71A-4-101 - Veteran: includes all eligible dependents. See Utah Code 71A-4-101
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) 38 C.F.R. § 14.629 and 38 C.F.R. § 14.630 require that any individual providing assistance be accredited by the VA;(1)(b) federal law restricts charging a veteran a fee for assisting in the initial application for VA benefits; and(1)(c) the department’s website has a list with contact information of VA accredited claim representatives.
(2) Beginning July 1, 2015, and every three years after the department shall:
(2)(a) notify the Insurance Department regarding the federal law governing assistance for VA benefits, and the Insurance Department shall notify all individual producers and consultants licensed by the Insurance Department at the time of initial licensing and upon license renewal of those same federal laws governing assistance for VA benefits;
(2)(b) contact the Utah State Bar regarding federal law governing legal assistance for claimants applying for benefits and request that the association provide continuing legal education on federal laws governing assistance; and
(2)(c) notify the Department of Health and Human Services regarding federal law governing the assistance for claimants applying for benefits, and require the Department of Health and Human Services to notify all assisted living and nursing care facilities of those federal laws.
(3) The executive director may establish procedures for processing complaints related to assistance regarding a claim for VA benefits.
(4) For violations by accredited or non-accredited individuals who offer assistance with VA benefits, the executive director may audit selected assisting individuals and referring entities for compliance with this chapter and federal laws which govern the provision of assistance to claimants.