SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND AURORA HEALTH CARE UNDER THE AMERICANS WITH DISABILITIES ACT

ACTIONS TO BE TAKEN BY AURORA

18. Aurora, including its hospitals, physicians, outpatient health care centers, and other medical facilities, agrees that it will not discriminate against any individual on the basis of disability, including HIV or AIDS, in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations offered at any of its current or future locations, in violation of title III of the ADA, 42 U.S.C. § 12182, and its implementing regulation, 28 C.F.R. Part 36.

19. For the duration of this Agreement, within fourteen days from the date of resolution of any complaint related to any alleged violations of title III of the ADA, Aurora shall send written notification to counsel for the United States with a copy of any such complaint (or, if an oral complaint was made, a description of the complaint), and a complete copy of Aurora's response.

20. Aurora will maintain and enforce its non-discrimination policy for the duration of this Agreement. This policy statement will be conspicuously posted in the reception area of each current and future Aurora hospital, outpatient health care center, and other medical facility, on "Caregiver Connect" for all of its employees, and on Aurora's main webpage, or "homepage," currently located at www.aurorahealthcare.org, for the duration of this Agreement.

21. Within 60 days of the effective date of this Agreement, and every year thereafter for the duration of the Agreement, Aurora will include in its annual compliance training specific instruction on title III of the ADA, including training about HIV/AIDS and disability discrimination in general.

22. In addition, Aurora will ensure that, for the duration of this Agreement, all new employees, including those who are directly involved with admissions or treatment of patients, receive the training referenced in paragraphs 14 and 15 as a component of new employee training and orientation. Aurora shall provide the training to new employees, including those who are directly involved with the admissions or treatment of patients, within 30 days of their start date.

23. All training manuals or written materials dealing with Aurora's policies and practices used in the training required in paragraphs 17 and 18 or revised or created after the effective date of this Agreement shall be consistent with the provisions of this Agreement.

24. Aurora will maintain an attendance log that documents the name of each individual who attends, either in person or via an electronic medium, the trainings required in paragraphs 17 and 18, his or her title, and the date he or she attended or viewed the training. Copies of such attendance logs shall be provided to the United States within ten days of any request for them and maintained for the duration of this Agreement.

25. Within the later of 30 days of the effective date of this Agreement and the date the Complainant No. 1 provides Aurora with an IRS Form W-9, Aurora will pay $30,000 to Complainant No. 1 to compensate him for any harm he may have endured (including, but not limited to, emotional distress, pain, and suffering) as a result of Aurora's conduct. Aurora will issue an IRS Form 1099 to Complainant No. 1 for this payment.

26. Within the later of 30 days of the effective date of this Agreement and the date the spouse of Complainant No. 2 provides Aurora with an IRS Form W-9, Aurora will pay $15,000 to the spouse of Complainant No. 2, who is now deceased. Aurora will issue an IRS Form 1099 to the spouse of Complainant No. 2 for this payment.

27. Within 30 days of the effective date of this Agreement, Aurora will pay a civil penalty to the United States in the amount of $15,000, as authorized by 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3), as amended, in order to vindicate the public interest. This payment shall be made by electronic funds transfer pursuant to written instructions to be provided by the United States Attorney's Office for the Eastern District of Wisconsin.

28. Aurora will notify the United States in writing when it has completed the actions described in paragraphs 18-27. This notification need only be provided when all of Aurora's hospitals, physicians, outpatient health care centers, and other medical facilities have completed the action required in the relevant paragraphs. If any issues arise that affect the anticipated completion dates set forth in those paragraphs, Aurora will immediately notify the United States of the issues, and the parties will attempt to resolve those issues in good faith.