SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA

DEFINITIONS

22. 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).

23. The term “MSHA Affiliated Physicians” refers to any physician who is on the medical staff of a MSHA Hospital (as set forth on Exhibit C) and who has been granted clinical privileges to treat inpatients or outpatients.  MSHA Affiliated Physicians does not include members of the Honorary Staff, Community Affiliate Staff, or any other category of medical staff that does not maintain privileges to treat patients or consult with other treating physicians.

24. The term “MSHA personnel” means all employees, both full and part-time, and independent contractors with contracts to work on a substantially full-time basis for MSHA, including, without limitation, nurses, physicians, social workers, technicians, admitting personnel, billing staff, security staff, therapists, and volunteers, who have or are likely to have direct contact with Patients or Companions as defined herein.  This term does not apply to MSHA Affiliated Physicians. 

25. The term “Qualified Interpreter” means an interpreter who, via a 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.

26. The term “Patient” shall be broadly construed to include any individual seeking access to, or participating in, the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation of a MSHA hospital facility, whether as an inpatient or an outpatient, as well as individuals seeking to use any other goods or services provided by MSHA, such as the opportunity to donate blood or attend health education classes.  The broad construction of this term also includes (but is not limited to) individuals seeking to communicate with representatives of MSHA regarding past, present or future health care services, such as scheduling appointments, obtaining test results, and discussing billing issues.

27. The term “Companion” means a person who is a family member, friend, or associate of a Patient, 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).