IV. ACCESSIBLE MEDICAL EQUIPMENT
9. The parties will work together to make a good faith effort to identify a mutually agreeable "Accessible Medical Equipment Specialist(s)," who will be retained by Kaiser to oversee a systemwide evaluation of Kaiser facilities in California ("California-wide") to determine what accessible medical equipment is needed and can and should be obtained for each Kaiser hospital and medical office building to ensure that people with disabilities have full and equal access to all health services, including, but not limited to, screening and diagnostic procedures. The Accessible Medical Equipment Specialist(s) will work with Kaiser’s Patient Handling Equipment Work Group to document Kaiser’s inventory of accessible and inaccessible medical equipment and identify Kaiser’s accessible-medical-equipment needs. The Accessible Medical Equipment Specialist(s) will complete interim reports and a final report of findings and recommendations, including cost estimates and a prioritized time-line for installing adequate accessible medical equipment in each Kaiser hospital and medical office building. Based on these reports, the parties will develop a reasonable action plan and time-line to ensure that each Kaiser hospital and medical office building has the accessible medical equipment needed to provide full and equal health-care access for people with disabilities. Priority will be placed on timely and orderly procurement and installation of the "high-priority" accessible medical equipment that is most important for delivering health services to people with disabilities. Any and all Accessible Medical Equipment Specialist(s) shall meet with the approval of both Kaiser and Plaintiffs, provided such approval is not unreasonably withheld. In the event that the parties are unable to identify a specialist(s) with the appropriate expertise in medical equipment (or a category of medical equipment) that is accessible to people with disabilities, or in the event of the parties’ mutual agreement, the parties will instead jointly select individuals who will comprise an "Accessible Medical Equipment Work Group" that will serve the same functions as would an Accessible Medical Equipment Specialist. If the parties so agree, reliance on the outside consultant(s) (i.e., the Accessible Medical Equipment Specialist(s)) and the Work Group need not be mutually exclusive and the parties may adopt an approach that employs both the Work Group and third-party consultant(s) if and when it is appropriate to do so.
a. Members of the Accessible Medical Equipment Work Group may include Kaiser employees and members and other individuals with appropriate background, experience, and knowledge regarding the medical equipment needs of and solutions for people with disabilities. People with mobility disabilities shall be included among the members of the Accessible Medical Equipment Work Group.
b. The members of the Accessible Medical Equipment Work Group shall designate a chairperson who will be responsible for overseeing and coordinating the work of the Accessible Medical Equipment Work Group and for reporting to the third-party Facilitator and Plaintiffs’ Counsel.
d. The Accessible Medical Equipment Work Group shall work in cooperation with the Program Manager and/or Access Coordinator (or Coordinating Committee), Kaiser’s Patient Handling Equipment Work Group and any relevant third-party consultants retained by Kaiser.
e. The Accessible Medical Equipment Work Group shall report directly to Kaiser’s Executive Sponsors Oversight Team.
f. Kaiser shall ensure that the Accessible Medical Equipment Work Group has sufficient resources to fulfill its mandate. Kaiser shall bear the costs and expenses of the Work Group.
10. The Accessible Medical Equipment Specialist(s) (or Work Group) will begin with a survey of a representative sampling at the two model facilities of Kaiser members with disabilities and health care providers to identify the difficulties disabled patients encounter with inaccessible medical equipment and related procedures and how those access problems affect the delivery and receipt of comprehensive health care services. This survey shall be commenced within sixty (60) days of the execution of this Agreement. The findings of the member/provider survey may inform the design and implementation of a comprehensive physical survey/inventory of the two model facilities and a report of findings and recommendations regarding the model facilities, in accordance with ¶ 9. This survey/inventory shall begin within 150 days of the execution of this Agreement, and will be completed within sixty (60) days. The report of the Accessible Medical Equipment Specialist(s) (or Work Group) regarding the model facilities, including recommendations and suggested time-lines for purchasing and installing accessible medical equipment, shall be completed within ninety (90) days of the completion of the survey/inventory. Upon its completion, this report shall be provided to Plaintiffs’ counsel and the third-party Facilitator but shall otherwise remain confidential. Based on the report and recommendations of the Accessible Medical Equipment Specialist(s) (or Work Group), 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 accessible medical equipment will be installed at the model facilities within eighteen (18) months of the effective date of this Agreement.
11. Based on the survey of members with disabilities and providers, the survey/inventory of the model facilities, a review of the work already done by Kaiser to identify and respond to accessible-medical-equipment needs, and an objective assessment of Kaiser’s internal capacity to survey/inventory its facilities, the parties, in consultation with the Accessible Medical Equipment Specialist(s) (or Work Group), will develop a plan to survey/inventory the remaining Kaiser health care facilities in California. This plan will allow for appropriate participation of the Kaiser Patient Handling Equipment Work Group and may include reliance on survey/inventory work performed by Kaiser personnel who have been trained by the Accessible Medical Equipment Specialist(s) (or Work Group). Kaiser will cooperate in good faith in conducting such surveys/inventories. The Accessible Medical Equipment Specialist(s) (or Work Group) shall oversee the survey/inventory process to ensure its accuracy. Development of the plan for the California-wide survey/inventory will be completed within sixty (60) days of the completion of the report regarding accessible medical equipment at the model facilities. Upon its completion, the plan shall be provided to the third-party Facilitator.
12. Implementation of the plan for a systemwide survey/inventory of Kaiser facilities in California may proceed on a service area basis, provided that top priority will be placed on surveying Kaiser facilities in Oakland, Hayward, Fontana, and Vallejo to identify accessible-medical-equipment needs and procure and install accessible medical equipment in those facilities.
13. During the course of the California-wide survey/inventory, Kaiser (in consultation and coordination with the Accessible Medical Equipment Specialist(s) or (Work Group)) will produce interim reports every ninety (90) days. These reports will include recommendations for procuring and installing high-priority accessible medical equipment. These interim reports shall be provided to Plaintiffs’ Counsel and the third-party Facilitator, but shall otherwise remain confidential.
14. Kaiser will make a good faith effort to procure and install high-priority accessible medical equipment before the completion of the California-wide survey/inventory and final report. Quarterly interim reports will document the identification and response to accessible-medical-equipment needs completed within the 90-day period covered by each report and 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.
15. The California-wide medical equipment survey/inventory will be completed within two years 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/inventory.
16. Within sixty (60) days of receiving the final report regarding accessible medical equipment needs, the parties will develop a reasonable action plan and time-line for the procurement and installation of accessible medical equipment. This plan and time-line shall be provided to the third-party Facilitator.
17. If disputes arise in developing the action plans and time-lines for procurement and installation of accessible medical equipment, the parties shall resolve such disputes through the third-party Facilitator, in accordance with ¶ 34.
18. Procurement and installation of high-priority accessible medical equipment in Kaiser facilities throughout California shall be completed within three years of the effective date of this Agreement, provided that Kaiser shall make a good faith effort to improve the availability of accessible medical equipment on a consistent basis throughout the period allowed herein for improving access to medical equipment.
19. Procurement and installation of all accessible medical equipment required by the plan developed by the parties in accordance with ¶ 16 shall be completed by Kaiser within five years of the effective date of this Agreement.
20. With the assistance of the Accessible Medical Equipment Specialist(s) (or Work Group), Kaiser will develop and implement a training program to educate Kaiser staff about the availability and proper use of accessible medical equipment, including guidance on proper lifting and transferring techniques. Kaiser will ensure that it provides its members with accurate information about accessible medical equipment so they will be aware of its availability and will know they do not need to bring attendants to their Kaiser medical appointments.
21. Kaiser will continue to maintain current information about accessible medical equipment so it will be able to upgrade its equipment as advancements in access are made.
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