Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al.

III. ARCHITECTURAL ACCESS

6. Kaiser will retain a jointly-selected "Architectural Access Specialist," with expertise in identifying and remedying architectural barriers, to oversee a systemwide evaluation of Kaiser facilities in California ("California-wide"). The Architectural Access Specialist will create an evaluation plan; supervise the survey of Kaiser facilities, using Kaiser Facilities Department staff to the maximum extent feasible; and prepare, or assist in the preparation of, a final report and interim reports identifying barriers and making recommendations for improving access. The reports should include cost estimates and a suggested order of priorities and reasonable time-lines for the removal of barriers. Priority will be placed on timely and orderly removal of the most significant ("highpriority") barriers.

a. The Architectural Access Specialist will begin with a comprehensive survey of the two model facilities and a report of findings and recommendations regarding the model facilities. This survey will begin by March 1, 2001, and will be completed within ninety (90) days. The Architectural Access Specialist’s report regarding the model facilities, including recommendations for barrier removals and suggested prioritization of barrier removals, shall be completed within ninety

(90) days of the survey’s completion. Upon its completion, this report shall be provided to Plaintiffs’ counsel and the third-party Facilitator (provided for in ¶¶ 24-25), but shall otherwise remain confidential. Based on the Architectural Access Specialist’s report and recommendations, within sixty (60) days of its receipt, the parties will develop a reasonable action plan and time-line to remedy the barriers identified at the model facilities. High-priority barriers will be removed at the model facilities within two years of the effective date of this Agreement.

b. Based on the survey of the model facilities, a review of the survey and barrier-identification work already done by Kaiser, and an objective assessment of Kaiser’s internal capacity to survey its facilities, the parties, in consultation with the Architectural Access Specialist, will develop a plan to survey the remaining Kaiser health care facilities in California. This plan will allow for appropriate participation of the Kaiser Facilities Department and may include reliance on survey work performed by Kaiser personnel who have been trained by the Architectural Access Specialist. Kaiser will cooperate in good faith in conducting such surveys. The Architectural Access Specialist shall oversee the survey process to ensure its accuracy. The parties contemplate that such oversight shall consist of developing survey instruments, training surveyors, spot-checking, and such other measures as are deemed appropriate by the Architectural Access Specialist. Development of the plan for the California-wide survey will be completed within one hundred-eighty (180) days of the completion of the report regarding architectural access at the model facilities. Upon its completion, the plan shall be provided to the third-party Facilitator.

c. Implementation of the plan for a systemwide survey of Kaiser facilities in California may proceed on a service area basis, provided that top priority will be placed on surveying and removing barriers at Kaiser facilities in Oakland, Hayward, Fontana, and Vallejo.

d. During the course of the California-wide survey, Kaiser (in consultation and coordination with the Architectural Access Specialist) will produce interim reports every ninety (90) days. These reports will include high-priority recommendations for barrier removal. These interim reports shall be provided to Plaintiffs’ Counsel and the third-party Facilitator, but shall otherwise remain confidential.

e. Kaiser will make a good faith effort to remedy high-priority barriers before the completion of the California-wide survey and final report. Quarterly interim

reports will document barrier removals completed within the 90-day period covered by each report and barrier-removal efforts slated for the coming quarter. These interim reports shall be provided to Plaintiffs’ Counsel and the third-party Facilitator, but shall otherwise remain confidential.

f. The California-wide survey will be completed within thirty (30) months of the effective date of this Agreement. A final report identifying barriers and making recommendations for barrier removal shall be completed with ninety (90) days of the completion of the California-wide survey.

g. Within sixty (60) days of receiving the final report regarding architectural barriers, the parties will develop a reasonable action plan and time-line for the removal of access barriers. The plan and time-line for barrier removal shall be provided to the third-party Facilitator.

h. If disputes arise in developing the action plans and time-lines for barrier removal, the parties shall resolve such disputes through the third-party Facilitator, in accordance with ¶ 34.

i. Removal of high-priority barriers shall be completed within five years of the effective date of this Agreement, provided that Kaiser shall make a good faith effort to remove barriers on a consistent basis throughout the period allowed herein for barrier removal.

j. Within seven years of the effective date of this Agreement, Kaiser will complete the removal of all barriers slated for removal in a California-wide barrier removal plan developed by the parties in accordance with ¶ 6(g).

7. Kaiser will ensure that all new construction and alterations affecting usability of Kaiser facilities comply with federal and state disability access codes, including ADAAG and Title 24.

8. Kaiser will create a system to ensure that access features are properly maintained on an ongoing basis. This system will include a mechanism for responding promptly to complaints about access problems.