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

G. Reporting

88. Compliance Reports. Six months after the effective date of this Agreement, MSHA will provide a written report (“Compliance Report”) to the U.S. Attorney’s Office regarding the status of its compliance with this Agreement.  MSHA will provide a second Compliance Report upon the anniversary of the effective date of this Agreement.  If the U.S. Attorney’s Office determines that MSHA has been compliant with the provisions of this Agreement, additional reports will be due annually upon the anniversary date of this Agreement for the remainder of the term.  In the event the U.S. Attorney’s Office determines that MSHA has violated any of the terms of this Agreement, then Compliance Reports shall be due at six (6) month intervals for the remainder of the term.  The Compliance Report will include data relevant to the Agreement, including but not limited to:

89. The information required in Auxiliary Aid and Service Log described in Paragraph 29;

90. The number of complaints received by MSHA from Patients and Companions who are deaf or hard of hearing regarding Auxiliary Aids and Services and/or effective communication, and the resolution of such complaints including any supporting documents; and

91. Records of training conducted and employees in attendance at training.

MSHA will maintain records to document the information contained in the Compliance Reports and will make them available, upon request, to the U.S. Attorney’s Office.  This Compliance Report shall be applicable only to those hospitals in which MSHA has any ownership interest.  Such hospitals are set forth in Exhibit C, attached hereto and incorporated herein by reference.  In the event of a divestiture of any hospital to an unrelated third party, MSHA shall notify the U.S. Attorney’s Office and provide documentation confirming the divestiture and an updated Exhibit C, and the Compliance Report shall no longer include such hospital.  In the event of a divestiture to a new entity formed by MSHA or an MSHA affiliate or to an existing MSHA affiliate, then the Compliance Report shall continue to include such hospital.  In the event that MSHA acquires another hospital from an unrelated third party, MSHA shall notify the U.S. Attorney’s Office, provide documentation confirming the acquisition and an updated Exhibit C, and the Compliance Report shall include such hospital going forward.  In the event of an acquisition of a new facility by MSHA, the parties agree that MSHA shall have at least sixty (60) days after the effective date of the acquisition to implement necessary policies, procedures, and appointment of staff to ensure compliance with the terms set forth in this Agreement.  Training of the newly acquired facility staff shall begin upon the acquisition effective date and shall be completed in accordance with the time frames set forth in Section F hereinabove.  Any new equipment necessary to ensure compliance with the terms of this Agreement shall be acquired and ready for use as soon as practicable but no later than six (6) months after the acquisition effective date for VRI equipment and three (3) months after the acquisition effective date for all other equipment. 

92. Complaints. During the term of this Agreement, MSHA will notify the U.S. Attorney’s Office if any person files a lawsuit, complaint, or formal charge with any state or federal agency, alleging that any MSHA hospital failed to provide Auxiliary Aids and Services to Patients or Companions who are deaf or hard of hearing or otherwise failed to provide effective communication with such Patients or Companions.  Such notification must be provided in writing via certified mail within 30 days of the date MSHA received notice of the allegation and will include, at a minimum, the nature of the allegation, the name of the person making the allegation, and any documentation possessed by MSHA relevant to the allegation.  MSHA will reference this provision of the Agreement in the notification to the U.S. Attorney’s Office.