establish protections for a veteran seeking assistance in a veterans' benefit matter.

Fee limits and safeguards for veterans

South Dakota law sets protections for people seeking help with federal or state veterans’ benefit claims, including dependents and survivors. Providers can receive payment only when the claim increases benefits. Payment, including noncash value, cannot exceed five times the monthly benefit increase. Providers cannot charge initial or nonrefundable fees, guarantee successful outcomes or specific benefits, or pay for referrals. For claims filed within the one-year presumptive period after release from active duty, payment requires a signed waiver. The waiver must acknowledge that period and the client’s choice to decline free services. Before helping, providers and clients must sign a written agreement explaining services and payment. Clearly marked disclosures must state that the provider is not sponsored by or affiliated with federal or state veterans agencies or federally chartered veterans’ service organizations. They must also explain that free help may be available, veterans’ organizations do not necessarily endorse the services, and other benefits may be available. Providers must keep the agreement for one year after services end. They cannot process veterans’ personal information through international call or data centers or use veterans’ login credentials to access medical, financial, or government benefit information. Anyone seeking authorized access to veterans’ medical or financial information must first pass a reputable background check covering identity and criminal records. The attorney general can impose civil penalties up to $5,000 for breaking these rules. Collected penalties go to the veterans affairs department special revenue fund, not directly to households. The law does not apply to representatives accredited or regulated by the U.S. Department of Veterans Affairs.