Nondiscrimination Policy

John Knox Village Website Terms of Use

(Date of Last Revision: July 14, 2017)

Please read the following sections carefully, as they contain the Terms of Use that will govern the use of the www.jkv.org website (the “Site”). Additionally, you should review John Knox Village Website Privacy Policy. Inquiries or concerns regarding this Agreement may be sent via e-mail to the Director of Compliance, compliance@jkv.org.

It is your responsibility to carefully read these Terms of Use before using the Site. Your use of the Site is contingent upon your acceptance of the John Knox Village Website Privacy Policy and the following Terms of Use (collectively the “John Knox Village Policies”). Use of the Site will be considered acceptance of the John Knox Village Policies. If you do not agree to the Terms of Use contained in the following pages, then you may not use the Site. Please note that John Knox Village has the right to modify John Knox Village Policies at any time without notice and, thus, you should review them periodically.

1. TERMS OF AGREEMENT. This Agreement is between you and John Knox Village (“John Knox Village”). The Terms of Use constitute a legally binding agreement (the “Agreement”) between you and John Knox Village. John Knox Village has the right to modify this Agreement or these Terms of Use at any time. Every time you use the Site, you are agreeing to the Terms of Use as they exist at that time. Changes in these Terms of Use may be posted on this page, without other written, verbal, or electronic communication. Use of the Site will be considered acceptance of the John Knox Village Policies.

2. USER REQUEST TO BE CONTACTED. You may request that John Knox Village contact you through this Site. You may choose to provide your name and contact information so that we may respond to your request.

3. REGISTRATION. Registration may be required to access certain features and functionalities on the Site. By registering you assert that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, and or telephone number when registering on the Site. By registering with the Site, you consent to receive periodic communication from John Knox Village by email regarding the status of your account or other information associated with your account. For more information in how John Knox Village may use the information you provide during registration, please see John Knox Village Website Privacy Policy. During registration, you may choose or be assigned a username and password to access your account. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your username and password provided on this Site. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. John Knox Village cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

4. INTELLECTUAL PROPERTY RIGHTS. John Knox Village Limited License to You. The Site and all materials available on it are the property of John Knox Village or its licensors and are protected by copyright, trademark and other intellectual property laws. John Knox Village provides the Site solely for your personal and non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of John Knox Village or our licensor’s intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.

Your License to John Knox Village. By posting or submitting any material (including, without limitation, text, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material you post or submit in whole or in part.

5. FEDERAL AND STATE LAWS. When using the Site, on the Site, or in any other media selected by John Knox Village, you shall comply with all applicable federal, state and local laws. The Site was created and will be operated from the United States. Any use of this Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.

6. PROHIBITED ACTIVITIES. The following activities include, but are not limited to, the activities that are prohibited from the Site:

  1. transmit spam, bulk or unsolicited communications;
  2. forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Site;
  3. misrepresent your affiliation with a person or entity;
  4. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Site;
  5. post any information intended to convey physical or medical information, questions, or concerns related to the care or diagnosis of a John Knox Village resident or patient;
  6. engage in activities that would violate any fiduciary or contractual relationship; any applicable local, state, national, or international law; or any regulations having the force of law, including but not limited to, stalking or making threats of harm;
  7. engage in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing;
  8. engage in any activity designed to impede the use of the Site by other users, including overloading and flooding;
  9. framing or deep linking into the Site;
  10. accessing the Site by means of automated process, spiders, bots or similar device; or
  11. collect or store personal data about other users of the Site unless specifically authorized by such users.

7. USER SUSPENSION AND/OR TERMINATION. John Knox Village may cancel or terminate your right to access or use any part of the Site at any time without notice. You agree that breach of any of the terms in this Agreement may result in the immediate termination of your account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site.

8. THIRD PARTY LISTINGS. The listing of any third party professional or other goods or services provider on the Site is provided solely as a convenience for the User. John Knox Village’s listing of any third party does not create a partnership or affiliation with the third party. John Knox Village listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. You shall make a competent consumer decision before employing the services of any listed third party professional or service provider. You bear all risk associated with the employing of any third party and obtaining their goods or services.

9. MEDICAL DISCLAIMER. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS.

10. DISCLAIMER OF WARRANTY. THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICES PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICES PROVIDER IS SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. JOHN KNOX VILLAGE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO AN IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

JOHN KNOX VILLAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. JOHN KNOX VILLAGE DISCLAIMS ALL RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR AS A DIRECT OR INDIRECT RESULT OF YOU POSTING ANY INFORMATION ON THE SITE INTENDED TO CONVEY PHYSICAL OR MEDICAL INFORMATION, QUESTIONS, OR CONCERNS RELATED TO THE CARE OR DIAGNOSIS OF A JOHN KNOX VILLAGE RESIDENT OR PATIENT. SUCH POSTINGS ARE PROHIBITED PER SECTION 5(e) OF THIS AGREEMENT.

11. LIMITATION OF LIABILITY. THE LIABILITY OF JOHN KNOX VILLAGE, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE THOUSAND U.S. DOLLARS ($1000). IN NO EVENT WILL JOHN KNOX VILLAGE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF JOHN KNOX VILLAGE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. USER INDEMNIFICATION. You agree to indemnify John Knox Village and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this Agreement.

13. COPYRIGHT COMPLAINTS. John Knox Village respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide John Knox Village copyright agent at compliance@jkv.org with the following information.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Description of the copyrighted work that you claim has been infringed;
  3. The location of the material that you claim is infringing is located on the Site;
  4. Your address, telephone number and e-mail address;
  5. A statement that your claim of infringement is based on a good faith belief; and
  6. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

14. MISCELLANEOUS.

Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.

Website Availability. Because public networks, such as the internet, occasionally experience disruptions, John Knox Village cannot guarantee the Site will be available 100% of the time. Although John Knox Village strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and John Knox Village disclaims any liability for damages resulting from such problems.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but John Knox Village does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and John Knox Village as a result of this Agreement or use of the Site.

Compliance with Laws and Legal Process. John Knox Village’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of John Knox Village’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by John Knox Village with respect to such use.

Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and John Knox Village with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and John Knox Village with respect to the Site.

15. CONTROLLING LAW AND VENUE. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Sixteenth Circuit Court of Jackson County, Missouri or the United States District Court for the Western District of Missouri.

POLICY and PROCEDURES: SECTION 1557 of the AFFORDABLE CARE ACT NON-DISCRIMINATION, GRIEVANCE and COMMUNICATIONS WITH PERSONS with LIMITED ENGLISH PROFICIENCY

 

  • Section 1557 Non Discrimination and Accessibility Requirements Policy

POLICY: JKV complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex. JKV does not exclude people or treat them differently because of race, color, national origin, age, disability or sex.

PROCEDURES:

  1. John Knox Village provides free aids and services to people with disabilities to communicate effectively with us, such as:
    • Qualified sign language interpreters
    • Written information in other formats (accessible electronic format, large print, flash cards)
    • Qualified interpreters
    • Information written in other languages
  2. If these services are needed, or a grievance based on JKV’s failure to provide these services or discrimination on the basis of race, color, national origin, age, disability, or sex occurs residents, families or others can contact the administrator or director who serves as the Civil Rights and Section 1557 coordinator at:

Village Care Center

Administrator

600 NW Pryor Rd

Lee’s Summit, MO 64081

816.347.2426

Village Hospice

Administrator

1001 NW Chipman Rd

Lee’s Summit, MO

816.347.2082

Village Assisted Living

Administrator

1704 NW O’Brien Rd

Lee’s Summit, MO 64081

816.347.2701

Village Home Health

Administrator

1001 NW Chipman Rd

Lee’s Summit, MO 64081

816.347.4592

John Knox Village Independent Living

Vice President-Senior Living

400 NW Murray Rd

Lee’s Summit, MO 64081

816.347.2110

John Knox Village Public Safety

Director of Public Safety

400 NW Murray Rd

Lee’s Summit, MO 64081

816. 347.2501 (dispatch)

 

  • Section 1557 Grievance Policy

POLICY:

JKV complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex. JKV does not exclude people or treat them differently because of race, color, national origin, age, disability or sex. JKV has established an internal grievance procedure providing for prompt and equitable resolution of complaints alleging actions prohibited by Section 1557 of the Affordable Care Act.

PROCEDURES:

Any person who believes someone has been subjected to discrimination on the basis of race, color, national origin, sex, age or disability may file a grievance under this procedure. It is against the law for JKV to retaliate against anyone who opposes discrimination, files a grievance or participates in the investigation of a grievance.

  • Grievances must be submitted to JKV or the department Civil Rights Section 1557 Coordinator within sixty (60) days of the date the person filing the grievance becomes aware of the allegedly discriminatory action.
  • A complaint must be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.
  • The Civil Rights Section 1557 Coordinator (or his/her designee) must conduct an investigation of the complaint. The investigation may be informal, but it will be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. The Civil Rights Section 1557 Coordinator will maintain the files and records of JKV relating to such grievances. The confidentiality of these files and records will be maintained and shared only with those who have a need to know.
  • The Coordinator will issue a written decision on the grievance, based on a preponderance of the evidence, no later than 30 days after its filing, including a notice to the complainant of their right to pursue other administrative or legal remedies.
  • The person filing the grievance may appeal the decision of the Coordinator by writing to the JKV Director of Compliance within 15 days of receiving the Coordinator’s decision. The Director of Compliance will issue a written decision in response to the appeal no later than 30 days after its filing.

The JKV Corporate Compliance Officer

400 NW Murray Rd

Lee’s Summit, MO  64081

816.347.2109

  • The availability and use of the internal grievance procedure does not prevent a person from pursuing other legal or administrative remedies, including filing a complaint of discrimination on the basis of race, color, national origin, sex, age or disability in court or with the U.S. Department of Health and Human Services, Office for Civil Rights.

A person can file a complaint of discrimination electronically through the Office for Civil Rights Complaint Portal, available at:

https://ocrportal.hhs.gov/ocr/portal/lobby.jsf

Or, by mail or phone at:

U.S. Department of Health and Human Services

200 Independence Ave SW, Room 509F, HHH Building

Washington, DC  20201

Complaint forms are available at:

http://www.hhs.gov/ocr/office/file/index.html

Such complaints must be filed within 180 days of the date of the alleged discrimination.

JKV will make reasonable and appropriate arrangements to ensure individuals with disabilities and individuals with limited English proficiency are provided aid and services or language assistance services if needed to participate in this grievance process. Such arrangements may include, but are not limited to providing qualified interpreters, providing audio recordings of material for individuals with low vision, or assuring barrier free location for the proceedings. The Civil Rights Section 1557 Coordinator or his/her designee will be responsible for such arrangements. (See section 1, above)

 

  • POLICY and PROCEDURES FOR COMMUNICATION WITH PERSONS WITH LIMITED ENGLISH PROFICIENCY

POLICY:

JKV will take reasonable and appropriate steps to ensure persons with Limited English Proficiency (LEP) have meaningful access and an equal opportunity to participate in our services, activities, programs and other benefits. The policy of John Knox Village is to ensure meaningful communication with LEP residents/patients/clients and their authorized representatives involving their conditions and treatment. The policy also provides for communication or information contained in vital documents, including but not limited to, waivers of rights, consent to treatment forms, financial and insurance benefit forms, etc. All interpreters, translators and other reasonable aids needed to comply with this policy shall be provided without cost to the person being served, residents/patients/clients and their families w9ll be informed of the availability of such assistance free of charge. Language assistance will be provided through use of competent bilingual staff, contracts or formal arrangements with local organizations providing interpretation or translation services, or technology. Affected staff will be provided information about this policy and procedures, and staff that may have direct contact with LEP individuals will be trained in effective communication techniques, including use of an interpreter. John Knox Village will conduct a regular review of the language access needs of our resident/patient and client population as well as update and monitor the implementation of this policy and procedures, as necessary.

 PROCEDURES:

  1. Identifying LEP Persons and Their Language
    JKV will timely identify the language and communication needs of the LEP person. If necessary, staff will use a language identification card or (or “I Speak Cards”) available on line at www.lep.gov or in the JKV network at: P/:RiskManagement Toolkit/Compliance/LEP. Posters, and notices are also available at MyJKV and are accessible to assist in determining language needs of a person. When records are kept of past interactions with residents/patients, clients or family members, the language used to communicate with the LEP person will be included as part of the record.
  2. Obtaining A Qualified Interpreter The following Civil Rights Section 1557 Coordinators are responsible for obtaining language assistance services:

Village Care Center

Administrator

600 NW Pryor Rd

Lee’s Summit, MO 64081

816.347.2426

Village Hospice

Administrator

1001 NW Chipman Rd

Lee’s Summit, MO

816.347.2082

Village Assisted Living

Administrator

1704 NW O’Brien Rd

Lee’s Summit, MO 64081

816.347.2701

Village Home Health

Administrator

1001 NW Chipman Rd

Lee’s Summit, MO 64081

816.347.4592

John Knox Village Independent Living

Vice President-Senior Living

400 NW Murray Rd

Lee’s Summit, MO 64081

816.347.2110

John Knox Village Public Safety

Director of Public Safety

400 NW Murray Rd

Lee’s Summit, MO 64081

816. 347.2501 (dispatch)

These responsibilities include, but are not limited to:

(a) Contact appropriate bilingual staff member to interpret, in the event an interpreter is needed, if an associate who speaks the needed language is available and is qualified to interpret.

(b) Contact the contracted/approved interpreter service:

TranslationPerfect

913.491.1444

www.translationperfect.com

24 hrs/day

Some LEP persons may prefer or request to use a family member or friend as an interpreter. However, family members and friends of the LEP person will NOT be used as interpreters unless specifically requested BY THAT INDIVIDUAL and AFTER the LEP person has voiced understanding that an offer of an interpreter at no charge to the person has been made by JKV. Such an offer and the response must be documented in the record. If the LEP person chooses to use a family member or friend as an interpreter, issues of competency of interpretation, confidentiality, privacy and conflict of interest must be considered. If the family member or friend is not competent or appropriate for any of these reasons, the contracted interpreter services will be provided to the LEP person. Children and other residents/patients/clients will NOT be used to interpret, in order to ensure confidentiality of information and accurate communication.

3. Providing Written Translations

(a) When translation of written documents is needed, each Section 1557 Coordinator will submit documents for translation into frequently encountered languages. Original documents must be routed to the Director of Compliance for final approval.

(b) JKV will provide translation of other written materials, if needed, as well as written notice of the availability of translation, free of charge, for LEP individuals.

(c) JKV will establish reasonable timelines or translation of vital documents into additional languages over time.

4. Providing Notice to LEP Persons

JKV will inform LEP persons of the availability of language assistance, free of charge, by providing written notice in languages the LEP persons will understand. Where requested or required at a minimum, statements and tag lines will be provided in intake areas and other points of entry approved by JKV MAR-COM policy. Notification will also be provided via the JKV website and appropriate communications (i.e. brochures, handbooks). Department-specific significant communications (i.e. resident handbooks, patient orientation booklets, etc) will contain the Nondiscrimination Notice and the 15 LEP taglines

Department-specific publications that are small in size such as applicable brochures, fliers, small posters and those communicated thru social media platforms will require the Nondiscrimination Statement and the top 4 LEP taglines. Website links for Section 1557 notices, statements and taglines, as required, will identify the Director of Compliance as the primary contact for assistance, grievances and general questions. Otherwise, department specific Civil Rights Section 1557 Coordinators will address LEP matters specific to their areas of responsibility.

5. Monitoring Language Needs and Implementation

On an ongoing basis, JKV will assess changes in demographics, types of services or other needs that may require reevaluation of this policy and procedures. In addition, JKV will assessment the effectiveness of the procedures, including but not limited to mechanisms for securing interpreter services, aids used for the delivery of language assistance, complaints file by LEP persons, feedback from residents/patients/clients and others.

Language assistance service

Click here to see the languages in which we can provide assistance.