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

F. Training

70. Training of ADA Administrator(s). MSHA will provide mandatory training for the ADA Administrators within 60 days of the effective date of this Agreement as provided in Paragraph 28 of this Agreement.  Such training should be updated on an annual basis.  Such training will be sufficient in duration and content to train the ADA Administrators in the following areas:

71. To promptly identify communication needs of Patients and Companions who are deaf or hard of hearing and which auxiliary aids are effective in which situations;

72. To secure Qualified Interpreter Services as quickly as possible when necessary;

73. To encourage medical staff members to notify MSHA of Patients and Companions who are deaf or hard of hearing as soon as Patients schedule admissions, tests, surgeries, or other health care services at MSHA hospitals;

74. To use, when appropriate and typically as a last resort and not as a substitute for another more appropriate Auxiliary Aid or Service, flash cards and pictographs (in conjunction with any other available means of communication that will augment the effectiveness of the communication);

75. How and when to use VRI services;

76. Making and receiving calls through TTYs and the relay service; and

77. MSHA’s complaint resolution procedure described in Paragraph 32 of this Agreement.

78. Training of MSHA Hospital Personnel. MSHA will provide mandatory in-service training to all Hospital Personnel on an annual basis.

79. The training will address the needs of Patients and Companions who are deaf or hard of hearing and will include the following objectives:

80. To promptly identify communication needs of Patients and Companions who are deaf or hard of hearing;

81. To secure Qualified Interpreter services as quickly as possible when necessary; and

82. To use, when appropriate and typically as a last resort and not as a substitute for another more appropriate Auxiliary Aid or Service, flash cards and pictographs (in conjunction with any other available means of communication that will augment the effectiveness of the communication).

83. Such training must begin within 60 days and be completed within 120 days of the effective date of this Agreement.  MSHA will first target the training to front-line personnel, i.e., those people who are more likely to encounter patients and companions initially and/or consistently, such as people working in reception, admissions, triage, and other similar departments, with such training to be completed within 90 days of the effective date of this agreement.  The training of telephone operators is addressed in Paragraph 48.  In the event any MSHA Hospital Personnel are on leave during such training period, such personnel will be required to take such training within 60 days of his/her return to work.

84. New employees must be trained within 60 days of their hire.  A screening of a video of the original training will suffice to meet this obligation.  

85. Training of MSHA Telephone Operators. All MSHA Hospital Personnel who routinely receive incoming telephone calls from the public as part of their job description code will receive instructions by MSHA on using TTYs or relay services to make, receive, and transfer telephone calls and will receive training on the process for requesting interpreter services and the types of services provided, the existence in MSHA of an ADA Administrator, as detailed in Paragraph 28 of this Agreement, and the complaint resolution process, as described in Paragraph 32 of this Agreement.  Such training must be completed within 60 days of the effective date of this Agreement and will be conducted annually thereafter.  In the event any MSHA Hospital Personnel are on leave during such training period, such personnel will be required to take such training within 60 days of his/her return to work.

86. Training Attendance Sheets. MSHA will maintain in electronic or paper form for the duration of this Agreement, confirmation of training conducted pursuant to Paragraph 46, Paragraph 47, and Paragraph 48 of this Agreement, which will include the names, respective job titles of the attendees, as well as the date and time of the training.

87. Training of MSHA Affiliated Physicians. MSHA will create and send an email blast advising affiliated physicians of its policy on the communication needs of Patients or Companions who are deaf or hard of hearing and will invite all physicians who are affiliated with MSHA (admitting or surgical privileges, etc.) to complete computerized training.  This email will direct affiliated physicians to the MSHA web page which will include: (1) MSHA’s Policy Statement for persons working at MSHA hospitals as described in Paragraph 45 and any relevant forms; and (2) a request that physicians’ staff members notify MSHA of Patients and Companions who are deaf or hard of hearing as soon as they schedule admissions, tests, surgeries, or other health care services at MSHA hospitals.