The Committee on Medical, Military, Public and Municipal Affairs proposes the following amendment (LC-695.SA0001H):

Amend the bill, as and if amended, SECTION 2, by striking Section 25-11-820(D) and (E) and inserting:

 (D) No person shall receive excessive or unreasonable fees as compensation for preparing, advising, presenting, or prosecuting a claim for any veterans' benefits matter. The factors that shall govern determinations of whether a fee is excessive or unreasonable include:
  (1) the extent and type of services the representative performed;
  (2) the complexity of the case;
  (3) the level of skill and competence required of the representative in giving the services;
  (4) the amount of time that the representative spent on the case;
  (5) the results that the representative achieved, including the amount of any benefits recovered;
  (6) the level of review to which the claim was taken and the level of the review at which the representative was retained;
  (7) rates charged by other representatives for similar services;
  (8) whether, and to what extent, the payment of fees is contingent upon the results achieved; and
  (9) if the representative was terminated, then the reasons for the termination and when the termination occurred in the claims process.
 (D) No person may charge an upfront fee or non-refundable fee. A person seeking to receive compensation for advising, assisting, or consulting with any veterans' benefits matter, before rendering any services, shall memorialize the specific terms that specify that the amount to be paid must be determined in a written agreement signed by both parties. Compensation must be capped at a one-time fee that is contingent upon an increase in benefits awarded and shall not exceed five times the amount of the monthly increase in benefits awarded based on the claim or nine thousand five hundred dollars, whichever is the lesser amount. Any installment payment plan agreed upon by the parties must be interest free, not to exceed twelve months.
 (E) No person may receive any compensation for any services rendered in connection with any claim filed within the one year presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that he is within this period and choosing to deny free services available to him.
 (F) Any person advising, assisting, or consulting on veterans' benefits matters for compensation must provide the following disclosure at the outset of the business relationship:
"This business is not sponsored by, or affiliated with, the United States Department of Veterans' Affairs or the South Carolina Department of Veterans' Affairs, or any other federally chartered veterans' service organization. Other organizations including, but not limited to, the South Carolina Department of Veterans' Affairs, a local veterans' service organization, a County Veterans Affairs Officer, and other federally chartered veterans' service organizations may be able to provide you with this service free of charge. Products or services offered by this business are not necessarily endorsed by any of these organizations. You may qualify for other veterans' benefits beyond the benefits for which you are receiving services here."
 (G) The written disclosure must appear in at least twelve point font in an easily identifiable place in the person's agreement with the individual seeking services. The individual must sign the document in which the written disclosure appears to represent understanding of these provisions. The person offering services must retain a copy of the written disclosure while providing veterans' benefits services for compensation to the individual and for at least one year after the date on which the service relations terminate.
 (H) Businesses advising, assisting, or consulting on veterans' benefits matters for a fee must abide by the following:
  (1) must not use a veteran's personal log-in, username, or password information to access that veteran's medical, financial, or government benefits information;
  (2) must not employ a medical provider to conduct a medical examination;
  (3) must ensure that any individual who has access to veterans' medical or financial information undergoes a background check prior to having access to that information. The background check must be conducted by a reputable source and include identity verification and a criminal records check.
 (E)(I) This article does not apply to:
  (1) Any licensed attorney representing an individual regarding the payment and resolution of any liens for medical care provided to the individual by the United States Department of Veterans Affairs.
  (2) An accredited representative of a recognized organization or an accredited agent or attorney under Section 14.629 of Title 38 of the Code of Federal Regulations, and any successor regulations.
  (3) An employee of a South Carolina Veterans' Home who, when assisting the veteran with veterans' benefits, is acting within that employee's capacity as an employee of a South Carolina Veterans' Home.

Amend the bill further, SECTION 2, by deleting Section 25-11-830 from the bill.

Renumber sections to conform.

Amend title to conform.