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United States of America v. Franciscan St. James Health - Settlement Agreement

This document, portion of document or clip from legal proceedings may not represent all of the facts, documents, opinions, judgments or other information that is pertinent to this case. The entire case, including all court records, expert reports, etc. should be reviewed together and a qualified attorney consulted before any interpretation is made about how to apply this information to any specific circumstances.


11. The term “auxiliary aids and services” includes qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing.  28 C.F.R. § 36.303(b)(1).

12. The term “Hospital Personnel” means all employees of Hospitals, both full and part-time, and independent contractors with contracts to work on a substantially full-time basis for the Hospitals (or on a part-time basis of 20 hours or more per week exclusively for the Hospitals), including, without limitation, nurses, physicians, social workers, technicians, admitting personnel, billing staff, security staff, therapists, and volunteers, who have or are likely to have patient care responsibilities or job duties that require direct contact with Patients or Companions as defined herein.

13. The term “qualified interpreter” means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.  Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.  28 C.F.R. § 36.104.

14. The term “Patient” shall be broadly construed to include any individual who is deaf or hard-of-hearing and is seeking or receiving health care services from the Hospitals, whether as an inpatient or an outpatient.

15. The term “Companion” means a person who is deaf or hard of hearing and is a family member, friend, or associate of an individual seeking access to, or participating in, the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation, who, along with such individual, is an appropriate person with whom the public accommodation should communicate.  28 C.F.R. § 36.303(c)(1)(i).

16. Effective Date of this Settlement Agreement” means the date of the last signature below.


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