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

RECITALS

Whereas, Kaiser Permanente—California Division is a nonprofit health maintenance organization in California;

Whereas, Kaiser Permanente—California Division is comprised of Kaiser Foundation Health Plan, Inc., Kaiser Foundation Health Plan, The Permanente Medical Group, Inc., and the Southern California Permanente Medical Group;

Whereas, Kaiser Permanente—California Division is both a health plan and a direct provider of health care services;

Whereas Kaiser owns, leases, and/or operates 26 hospitals and 120 medical office buildings in California;

Whereas, Plaintiffs, who are persons with disabilities, brought an action, on behalf of themselves and the general public, against Kaiser, in the Superior Court for the State of California, Alameda County, Case No. 829265-2, alleging that Kaiser fails to provide people with mobility disabilities full and equal access to Kaiser Permanente—California Division’s health services and facilities, in violation of California Civil Code §§ 51, et seq., 54, et seq., and 3345, California Government Code §§ 11135, et seq., and the regulations promulgated thereunder, and Section 17200 of the California Business and Professions Code;

Whereas Kaiser denies any and all liability to Plaintiffs and denies that it has violated any laws pertaining to access for people with disabilities;

Whereas, the parties are committed to ensuring that people with disabilities have full and equal access to Kaiser facilities and services;

Whereas, the parties wish to avoid the expenses and risks of costly and time-consuming litigation; and

Whereas, the parties agree that disabled persons who use Kaiser facilities and seek Kaiser health services will be better served by implementation of the provisions set forth in this Agreement than by further pursuit of litigation;

Therefore, in consideration of the mutual covenants and agreements contained herein, the parties have entered into this Agreement.