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

AGREEMENT

I. COORDINATION AND OVERSIGHT OF IMPLEMENTATION OF ACCESS PLAN

1.
Kaiser will appoint an Access Coordinator (or Coordinating Committee) with appropriate expertise in ensuring health care access for people with disabilities. The appointment of the Access Coordinator (or Coordinating Committee) shall be subject to the approval of Plaintiff’s Counsel, provided that such approval shall not be unreasonably withheld. The Access Coordinator (or Coordinating Committee) will oversee the implementation and maintenance of the Access Plan outlined herein. The Access Coordinator (or Coordinating Committee) shall be appointed within one year of the effective date of this Agreement. The parties contemplate that the Access Coordinator (or those comprising the Coordinating Committee) will be an existing or future Kaiser employee. If an Access Coordinating Committee serves the functions of the Access Coordinator, it shall be comprised of no more than three members and shall have a chairperson who will be responsible for ensuring that the Access Coordinating Committee carries out its responsibilities.

2.
Until the Access Coordinator (or Coordinating Committee) is in place, Kaiser’s Program Manager will oversee Kaiser’s initial efforts to identify and remove barriers and increase access in accordance with this Agreement. Subject to the supervision of the Executive Sponsor Oversight Team and the Advisory Committee established by Kaiser, the Program Manager will consult and coordinate with outside access specialists (as provided for herein) and Kaiser’s technical resource work groups and will oversee the
administration of the Access Plan outlined herein. For the first year following the effective date of this Agreement, the Program Manager shall provide Plaintiffs’ Counsel with comprehensive reports every two months regarding the implementation of the Access Plan.

3.
With input from Plaintiffs’ Counsel, Kaiser will establish a system for receiving and promptly addressing complaints regarding access problems. The Access Coordinator (or Coordinating Committee) shall oversee this system. Until a permanent system is in place, the Program Manager will oversee a coordinated response to complaints about access problems. The procedure for reporting access problems will be clearly communicated in writing to Kaiser members and staff.

4.
The parties will develop a mechanism for receiving and responding to ongoing input regarding access from Kaiser members with disabilities.