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

VI. REPORTING AND MONITORING

33. Kaiser shall provide written reports on a quarterly basis to Plaintiffs’ Counsel and the third-party Facilitator regarding work performed to implement this Agreement. The first such report shall be due ninety (90) days after the effective date of this Agreement. The reports shall detail (a) what steps Kaiser has taken to comply with the Agreement since the last report, (b) whether Kaiser has met the deadlines for implementation set forth in this Agreement, and if not, the extent to which such work has been completed and an explanation for any gaps, (c) what problems, if any, Kaiser has encountered in complying with the Agreement, (d) what if anything Kaiser plans to do to remedy these problems, and (e) any complaints and any responses to such complaints Kaiser has received regarding access for people with disabilities. The reports shall include information regarding the evaluation and modification of Kaiser policies, procedures, and programs, as provided for in Section V of this Agreement.

a. The reports submitted in accordance with ¶ 23 are in addition to the subject-specific reports required by this Agreement, such as those pertaining to the identification and removal of architectural barriers (see ¶¶ 6-8, inclusive), those pertaining to the identification of and response to accessible-medical-equipment needs (see ¶¶ 9-21, inclusive), and those pertaining to policies, procedures and programs affecting people with disabilities (see ¶¶ 22-32, inclusive). Instead of submitting multiple quarterly reports, however, Kaiser, if it wishes to do so, may submit single quarterly reports that include all the information required by this Agreement, provided, however, that any reports by the Architectural Access Specialist, Accessible Medical Equipment Specialist(s) (or Work Group), Access Policy Consultant(s) or Access Policy Work Group shall be presented separately.

34. A neutral third-party Facilitator shall be appointed jointly by the parties to monitor compliance with this Agreement. Subject to an annual cap of $15,000, Kaiser shall pay for the time and costs of the third-party Facilitator. The third-party Facilitator shall have the powers to obtain from either party any non-privileged documents or information relevant to implementation of this Agreement, and to serve as a mediator if disputes arise between the parties in formulating plans and time-lines for the removal of architectural barriers and/or the procurement and installation of accessible medical equipment in Kaiser facilities in California. In the event that this mediation does not enable the parties to resolve such a dispute, the Facilitator may issue a binding decision resolving the dispute, provided that disputes other than those pertaining specifically to the formulation of plans and time-lines for the removal of architectural barriers or the procurement and installation of accessible medical equipment shall be resolved in accordance with the dispute resolutions set forth in ¶ 37.

35. If the person initially selected becomes unavailable to serve as the third-party Facilitator, the parties will agree to appoint a substitute person to act as the third-party Facilitator. If the parties cannot agree on a substitute person, the parties will submit the matter of whom to appoint as a substitute third-party Facilitator for arbitration in accordance with ¶ 37(c).

36. Kaiser shall designate a point person responsible for collecting information concerning compliance with this Agreement, producing the quarterly reports referenced in ¶ 33 above, and producing any information requested by the Facilitator. This point person shall report directly to, and have direct access to, the Access Coordinator. Kaiser shall ensure that the point person has sufficient resources to collect all necessary information. Kaiser shall bear all costs and expenses of this point person. The Access Coordinator (or the chairperson of the Access Coordinating Committee), provided for in ¶ 1, may serve as this point person.