Kaiser Foundation Health Plan of Washington Settlement Website

This matter was initiated by the United States Attorney's Office for the Western District of Washington ("U.S. Attorney's Office"), a component of the Department of Justice, which received complaints between May 2017 and February 2018 from individuals who are either deaf or deaf-blind, alleging that KFHPW (or its predecessor Group Health Cooperative [“GHC”]) violated the Americans with Disabilities Act ("ADA") by failing to provide sign language or tactile interpreters for them during medical appointments and/or surgical consultations at multiple locations. KFHPW fully cooperated with the United States’ investigation in this matter.

In the course of the investigation, the United States determined that between May 15, 2014, and March 31, 2018, KFHPW or GHC failed to fill certain requests for sign language interpreters where the use of an interpreter was necessary for effective communication, causing patients to reschedule appointments, delay receiving medical care, or proceed without the assistance of an interpreter, often relying upon less effective means of communication. On the basis of these determinations, the United States concluded that KFHPW violated the ADA, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303. To resolve this matter, the Parties voluntarily agreed to enter into a Settlement Agreement to identify and compensate aggrieved Eligible Persons.

Epiq is the third-party organization retained to serve as claims administrator for the purpose of compensating the Potential Eligible Persons harmed in this Settlement.

Potential Eligible Persons will be mailed and emailed (if an email address is available) a Notice of Agreement and Claim Form. Only those who are sent a Notice of Agreement and Claim Form may be part of this settlement. You may download a new Notice of Agreement and Claim Form if you lost or misplaced the one that was sent to you.

"Potential Eligible Persons" are individuals who either requested a Qualified Interpreter or for whom a Qualified Interpreter was requested at any KFHPW Location between May 15, 2014 and March 31, 2018 ("Claims Period") and who were identified in certain documents produced by KFHPW during the DOJ's investigation.

KFHPW has agreed to create a fund to compensate individuals aggrieved by the practices alleged by the Department of Justice. Eligible Persons may receive a share of the Compensation Fund by filling out and submitting a Claim Form. A Release of Claims will be mailed at a later date. KFHPW has also agreed to various forms of equitable relief, including, but not limited to, a discrimination prohibition, providing appropriate auxiliary aids and services, and designating Assistive Device Point Persons to assist KFHPW staff, Patients, and Companions during operation hours.

If you are a Potential Eligible Person and would like to receive monetary compensation, you must fill out and submit the Claim Form mailed or emailed to you along with the Notice of Agreement. Additionally, at a later time, you will be mailed or emailed a Release of Claims that you must also fill out, sign, and submit to receive monetary compensation.

If you are a Potential Eligible Person and submit a completed Claim Form and a signed Release of Claims, you will receive a share of the $1,000,000 Compensation Fund. Your share will be determined by the information you provide and records related to the provision of auxiliary aids. If you submit a completed Claim Form, you will be contacted by the Settlement Claims Administrator who will conduct a Harm Assessment (as defined in FAQ 15 "What is a Harm Assessment?"). The information gathered by the Settlement Claims Administrator will be viewed against the Harm Criteria (as defined in FAQ 16 "What is the Harm Criteria?") in determining your share of the Compensation Fund.

Potential Eligible Persons will be mailed and emailed (if an email is available) a Notice of Agreement and a Claim Form. If you receive a Notice of Agreement and a Claim Form, please completely fill out the Claim Form and either submit via email to info@KFHPWClaims.com or via mail to the following address:

KFHPW Settlement Claims Administrator
P.O. Box 5654
Portland, OR 97228-5654

You may also submit your claim or ask any questions by calling the Settlement Phone Line at 1-855-604-1670 (TTY: 503-597-7662).

If you lost or misplaced your Claim Form, you may download a new Notice of Agreement and Claim Form from this website.

If you are a Potential Eligible Person, you are able to opt out from the Settlement by not submitting a Claim Form or a Release of Claims. Potential Eligible Persons will be sent a Release of Claims document after submitting a completed Claim Form.

If you are a Potential Eligible Person and opt out by not filling out and submitting either a Claim Form or a Release of Claims document, you will not receive monetary compensation under the Settlement.

If you do not fill out and submit a Claim Form or do not fill out and submit a Release of Claims document, you will not receive monetary compensation under the Settlement. To receive monetary compensation under the Settlement, you must submit a complete Claim Form and a complete Release of Claims document.

The Settlement Claims Administrator will be contacting those Potential Eligible Persons who have not submitted a Claim Form.

If you are a Potential Eligible Person’s guardian, please submit to the Settlement Claims Administrator a copy of your guardianship letter or other document identifying your legal authority to act on behalf of the Potential Eligible Person.

If you are the beneficiary of a Potential Eligible Person’s Estate, please submit to the Settlement Claims Administrator copies of the Potential Eligible Person’s death certificate and documents showing that you are the beneficiary of their Estate. Acceptable documentation includes the pertinent portion of the Will, or Court Order/Letters Testamentary naming you as Personal Representative, Administrator, Executor, or Executrix. Do not send the Settlement Claims Administrator original copies because any documents sent to the Settlement Claims Administrator will not be returned to you.

Please either email your documents to info@KFHPWClaims.com or mail your documents to:

KFHPW Settlement Claims Administrator
P.O. Box 5654
Portland, OR 97228-5654

Consistent with the American Disabilities Act, KFHPW shall provide appropriate Auxiliary Aids and Services, including Qualified Interpreters, where such aids and services are necessary to ensure effective communication with Patients and Companions who are deaf, deaf-blind, or hard of hearing, unless KFHPW can demonstrate that doing so would fundamentally alter the nature of their goods, services, facilities, privileges, advantages, or accommodations or can demonstrate that doing so would result in an undue burden. Pursuant to 42 U.S.C. § 12182(a), KFHPW shall also provide Patients and Companions who are deaf, deaf-blind, or hard of hearing with the full and equal enjoyment of the services, privileges, facilities, advantages, and accommodations of KFHPW as required by this Agreement and the ADA.

Within ninety (90) days of the entry of the Settlement Agreement, KFHPW shall post and maintain conspicuous signs at all KFHPW admitting stations and wherever a Patient's Bill of Rights is required by law to be posted, notifying the public of the availability of Auxiliary Aids and Services and their related rights. These signs will include the international symbol for "interpreter."

KFHPW will include on its website (currently located at https://wa.kaiserpermanente.org/html/public/language-resources) the same or substantially similar policy statement and information regarding how to request Auxiliary Aids or Services and information regarding how to file a complaint with KFHPW and through www.ada.gov. This information will be posted through a conspicuous link on the Washington-related home page.

The Settlement Claims Administrator shall contact each Eligible Person who responds to the Notice of Agreement and Claim Form (or who is on the Potential Eligible Persons list and otherwise contacts the Settlement Claims Administrator), using "Good Faith Efforts", within thirty (30) days of receiving their records. They shall attempt to ascertain further information about the Eligible Person's experience with KFHPW using either email, relay calls, or in-person interpreter meetings according to the preference of the Eligible Person at no expense to the Eligible Person. The Settlement Claims Administrator shall also review all documents and information provided by KFHPW, as well as any additional information provided by the U.S. Attorney's Office and shall compare the information regarding each Eligible Person against the Harm Criteria, (as defined in FAQ 16 "What is the Harm Criteria") in order to make a recommendation regarding the amount of compensation to be paid to each Eligible Person. If the Settlement Claims Administrator is unable to interview the Eligible Person, the Settlement Claims Administrator shall make the assessment purely on the basis of the information that is otherwise available.

The Settlement Claims Administrator will contact each Eligible Person, as provided by the U.S. Attorney’s Office, and compare the information provided by all Eligible Persons to determine the amount of compensation to be paid to each Eligible Person. Below is the Harm Criteria to be used in this process:

• The number of appointments in which the Eligible Person requested a sign language interpreter or had one requested for them but did not receive them ("Unfilled Appointment");
• The degree of medical exigency, seriousness, complexity, or sensitivity involved in the Unfilled Appointment; and
• The consequences of the Unfilled Appointment, including whether the Eligible Person was forced to rely upon family members, friends, or unqualified interpreters during the Unfilled Appointment; whether the Eligible Person was forced to reschedule or cancel the appointment and any consequences of that rescheduling (including inconvenience, missed work or pay, travel and parking expenses, medical consequence, etc.); and misunderstandings, misdiagnosis, or miscommunications associated with the Eligible Person's healthcare needs.

Potentially Eligible Persons can schedule a meeting with the Settlement Claims Administrator where an appropriate interpreter will be present. The meeting may be scheduled for in-person or via video conferencing, in accordance with applicable COVID-19 public safety standards. An appropriate interpreter will be provided at no cost to the Potentially Eligible Person. Please call 1-855-604-1670, email at info@KFHPWClaims.com, or write to KFHPW Settlement Claims Administrator at P.O. Box 5654, Portland, Oregon, 97228-5654 and 1) advise that you would like to schedule a meeting, 2) whether you would like the meeting to be in person or via video conferencing, 3) type of interpreter you need, and 4) how best to communicate with you to schedule the meeting.