Draft Presentation to: California Department of Transportation (Caltrans) Mobility Action Plan (MAP) Phase I Implementation Study MAP PAC Committee Meeting - PowerPoint PPT Presentation

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Draft Presentation to: California Department of Transportation (Caltrans) Mobility Action Plan (MAP) Phase I Implementation Study MAP PAC Committee Meeting

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... that include wheelchair vans, taxis, stretcher cars, bus passes and tickets. ... Can ultimately be used for information-sharing and coordinated planning purposes ... – PowerPoint PPT presentation

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Title: Draft Presentation to: California Department of Transportation (Caltrans) Mobility Action Plan (MAP) Phase I Implementation Study MAP PAC Committee Meeting


1
Draft Presentation to California Department of
Transportation (Caltrans)Mobility Action Plan
(MAP) Phase IImplementation StudyMAP PAC
Committee Meeting
  • Presented by
  • Judith Norman - Transportation Consultant (JNTC)
  • In Association with
  • The National Conference of State Legislatures
  • January 21, 2009

2
MEETING PURPOSE AND OUTCOMES
  • Present study updates, discuss and receive
    feedback on the
  • following MAP Study work tasks and activities
  • Legislative Update/Action Item Follow-up Federal
    and California Human Service Transportation-Relate
    d Acts and Statutes
  • Technical Update Coordinated Plan Review and Gap
    Analysis Methodology Draft Study Geographic
    Regions and Information Analysis Process

3
LEGISLATIVE UPDATE
  • Revised and updated California Coordinated Human
    Service Transportation Matrix to include
    historical Federal and California Acts and
    Statutes
  • Conducted further research to address MAP PAC
    last meeting action items to update information
    on Federal and California statutes related to
    public transit- human service coordination

4
LEGISLATIVE UPDATE
  • New Research and Updates by NCSL on key Statutes
  • Americans with Disabilities Act (ADA)
  • Transportation Development Act (TDA)
  • Social Service Transportation Improvement Act
    (SSTIA)
  • Technical Assistance to Paratransit Providers
  • Deficit Reduction Act
  • Medi-Cal

5
ADA
  • The Americans with Disabilities Act (ADA) of
    1990
  • Gives civil rights protections to individuals
    with disabilities
  • Guarantees equal opportunities for individuals
    with disabilities

6
ADA
  • Title I of the Act prohibits discrimination
    against people with disabilities in employment
    practices
  • Includes job applicants.
  • Employers with 15 or more employees are required
    to comply with the ADA.

7
ADA
  • Title II of the act prohibits discrimination
    against individuals with disabilities in all
    programs, activities, and services of public
    entities.
  • Applies to all state and local governments, and
    other instrumentalities of state or local
    governments.
  • This includes public and private entities that
    provide public transportation

8
ADA
  • Title II requires public entities
  • To have vehicles for regular transit services be
    readily accessible and usable by persons with
    disabilities, including those who use
    wheelchairs.
  • Fixed route service also provide paratransit and
    other special transportation services to persons
    with disabilities, including those who use
    wheelchairs.
  • Service has to be comparable to regular transit
    services.
  • To provide the paratransit and special
    transportation services within their service
    area.
  • New vehicles for public demand responsive transit
    service be accessible and usable by persons with
    disabilities, including those who use
    wheelchairs.

9
ADA
  • Title II requires private entities
  • That purchase or lease vans with a seating
    capacity in excess of 16 passengers (including
    driver) to be accessible and usable by persons
    with disabilities, including those who use
    wheelchairs.
  • That provide a fixed route service with a vehicle
    with a seating capacity of 16 passengers
    (including driver), that is similar in service to
    regular transit services to persons without
    disabilities.
  • That provide a demand responsive system with a
    vehicle with a seating capacity of 16 passengers
    (including driver), that is comparable in service
    to regular transit services.

10
ADA
  • FTA published a rule explaining the
    transit-related requirements of the ADA. They
    provide that
  • A public entity operating a fixed route system
    has to provide a complementary paratransit or
    other special service to persons with
    disabilities. To qualify as complementary, the
    service has to
  • Provide service within a width of three-fourths
    of mile of each fixed route.
  • Provide paratransit service to any ADA eligible
    person at a specified time in response to that
    person's request made the previous day.
  • Charge a fare that does not exceed twice the fare
    charged to a person paying a full fare at the
    similar time of day on the entity's fixed route.
  • Provide service during the same hours as the
    fixed route service.

11
ADA
  • The public entity cannot
  • Impose restrictions on the type of trip
  • Restrict the number of trips a person can take
  • Impose waiting lists for access to the service
  • Have a pattern or practice that significantly
    limits the availability of the service
  • Accompanying persons to the disabled individual
    are allowed to ride with them.
  • Develop a process for establishing the
    eligibility of persons who want to use the
    paratransit service.
  • Allow visitors (persons who do not reside in the
    entities jurisdiction) to access the
    complementary service.

12
ADA AND NEW FREEDOM
  • The New Freedom Program (49 USC 5317) funds are
    available to public transportation service
    providers whose services go beyond those required
    by the ADA, which are
  • New public transportation, or
  • New alternatives to public transportation

13
ADA AND NEW FREEDOM
  • Complementary paratransit services can be
    eligible under New Freedom in several ways if the
    services provided meet the definition of "new,"
    which is
  • Not operational as of August 10, 2005 or
  • Did not have an identified funding source before
    August 10, 2005.

14
ADA AND NEW FREEDOM
  • "Going beyond" the ADA means
  • Paratransit service beyond the three-quarter mile
    requirement
  • Paratransit hours beyond fixed route hours
  • Incremental cost of providing same day service
  • Incremental cost of door-to-door service to
    eligible ADA riders
  • Level of service enhancements escorts,
    door-through door service
  • Vehicles with mobility aids for persons with
    disabilities

15
ADA AND NEW FREEDOM
  • The New Freedom Program is direct consequence of
    the Supreme Court Olmstead v. L.C. decision.
  • The Court interpreted Title II to require states
    to place persons with mental disabilities in
    community settings instead of institutions.
  • Executive Order 13217 orders the Fed Govt. to
    help states implement the Olmstead decision.

16
TDA
  • The Transportation Development Act (TDA) consists
    of nine articles in the California Public
    Utilities Code, which makes it lengthy in both
    size and detail.
  • The TDA specifies in great detail how public
    transportation is to be funded by state
    resources.
  • The TDA was enacted to ensure that public
    transportation is an essential component to a
    balanced transportation system

17
TDA
  • The transportation planning agency in each area
    of the state is in charge of funding claims.
  • Transit operators and city or county governments
    transit operators can only file claims for money
    that was apportioned to their area.
  • CTSAs are funded under TDA articles 4.5 and 6.5.

18
TDA
  • If a CTSA or other transit operator receives
    funding under the TDA it will be held accountable
    by the state by
  • Filing claims with the transportation planning
    agency,
  • Submitting annual certified fiscal audits, and
  • Maintaining required fare revenue ratios for
    transit services
  • The CTSA must participate in and audit that the
    funds were spent within laws and regulations.
  • Since the CTSA is a claimant, it alone has these
    responsibilities, even when the CTSAs primary
    function is to channel funds to other
    organizations which are actually providing the
    transit services.

19
TDA
  • Social services transportation advisory councils
  • Have to consist of the elderly, disabled, transit
    providers for seniors, the local CTSA
  • Have to
  • Annually identify unmet transit needs in their
    area
  • Review and recommend action to the Transportation
    Planning Agency, and
  • Advise the Transportation Planning Agency on
    transit issues

20
TDA
  • Citizen Participation Process
  • Transportation planning agencies have to
    establish an advisory council to get advice from
    the transit dependent, and transit disadvantaged
    persons.
  • Have to hold at least one hearing, with broad
    community participation
  • In addition to hearings, teleconferences,
    questionnaires, telecanvassing, and email can be
    used to obtain feedback.

21
SOCIAL SERVICE TRANSPORTATION IMPROVEMENT ACT
(SSTIA)
  • Created Consolidated Transportation Service
    Agencies or CTSAs
  • CTSAs are designated by
  • County Transportation Commissions (CTCs),
  • Local Transportation Commissions (LTCs),
  • Regional Transportation Planning Agencies
    (RTPAs), or
  • Metropolitan Planning Organizations (MPOs)

22
SOCIAL SERVICE TRANSPORTATION IMPROVEMENT ACT
(SSTIA)
  • The SSTIA required Regional Transportation
    Planning Agencies or County Transportation
    Commissions to adopt and submit an action plan
  • The Action Plan has to
  • Designate a CTSA within the area of the
    transportation planning agency.
  • Could designate more than one CTSA if there was
    improved coordination
  • An identification of the social service
    recipients to be served.
  • Measures to coordinate the social service
    transportation services with existing fixed-route
    services.

23
SOCIAL SERVICE TRANSPORTATION IMPROVEMENT ACT
(SSTIA)
  • Each CTSA is an entity separate of the
    transportation planning agency.
  • A CTSA can be
  • A public agency including a city, county,
    operator, any state department or agency, public
    corporation, or public district, or a joint
    powers
  • A common carrier of persons
  • A private entity operating under a franchise or
    license.
  • A nonprofit corporation
  • A private entity (nonprofit) or a private company
    may be a CTSA if it is a legal entity eligible to
    file TDA claims and provide transit services.
  • A CTSA designation can be rescinded by the
    transportation planning agency.

24
TECHNICAL ASSISTANCE UNDER SSTIA
  • Technical Assistance to Paratransit Providers
    (Cal. Government Code 15984 (West 2009))
  • Requires Caltrans to provide technical assistance
    to paratransit providers who want to explore
    coordination strategies but lack implementation
    capability.

25
MEDICAID
  • Medicaid is a federal-state partnership that was
    created by Congress in 1965.
  • Is an optional state program, but every state and
    territory participates
  • Today Medicaid provides funding for
  • Low income parents
  • People with significant disabilities
  • Long term care for the elderly

26
MEDICAID
  • States that Medicaid transportation related costs
    are either administrative costs, or medical
    assistance.
  • Administrative costs are reimbursed at a flat
    rate of 50
  • Medical assistance is reimbursed at the state's
    federal rate, which is anywhere from 50 to 77 -
    California's rate is 50

27
MEDICAID
  • Providers can be reimbursed for travel and other
    travel related expenses (42 CFR 440.170(a)).
    They are
  • The cost of transportation
  • The costs of meals and lodging to and from the
    medical facility
  • The cost of an attendant, if necessary

28
MEDICAID
  • A state Medicaid plan must "specify that the
    Medicaid agency will ensure necessary
    transportation for recipients to and from
    providers" (emphasis added) (42 CFR 431.53)
  • States have a lot of flexibility in meeting the
    mandate of assuring medical transportation.

29
MEDICAID
  • How a state will provide non-emergency
    transportation all depends on its definition of
    "necessary".
  • Many states look to this criteria to define
    "necessary"
  • Transportation to and from Medicaid covered
    services
  • Use of the least expensive mode of transportation
    available that is appropriate for the client
  • Restrictions to the nearest qualified provider
  • No other transportation services available free
    of charge and,
  • Exclusions for clients receiving services that
    include transportation.

30
MEDI-CAL
  • Californias Medicaid plan includes a simple
    Assurance of Transportation, guaranteeing
    necessary transportation to and from covered
    medical services.
  • Reimbursement of travel to medical appointments
    is restricted to persons who are physically
    unable to use conventional modes of
    transportation (22 CCR 51151).
  • Costs are only covered if transportation by
    ordinary means is medically inadvisable (22 CCR
    51323).

31
MEDI-CAL
  • Bingham v. Obledo (1983)
  • Recipients sued the state because the state plan
    violated the assurance of transportation
    requirement since it did not assure necessary
    transportation to all recipients.
  • Argument was that Medi-Cal transportation was
    only offered to the severely disabled.

32
MEDI-CAL
  • Bingham v. Obledo (1983)
  • Court ordered the state to amend its plan that
    takes into account all qualifying recipients.
  • Court then mentions that that the state is not
    required to furnish transportation or pay for it.
  • To comply with the court order, Department of
    Health Care Services expanded upon the
    information about transportation options that
    Medi-Cal offices provide to county welfare and
    local Social Security Offices.

33
MEDI-CAL
  • To provide transportation to Medi-Cal
    beneficiaries, transit providers have to be
    certified by the Dept. of Health Care Services
  • Application process

34
MEDI-CAL
  • California's emergency and nonemergency
    transportation programs are decentralized.
  • Usually administered by the local Medi-Cal
    offices
  • Ambulances, wheelchair vans and litter vans are
    the only acceptable modes.
  • Local public transit agencies are not eligible
    for reimbursement under current Medi-Cal rules
    (22 CCR 51151)

35
NEW CMS RULEDEFICIT REDUCTION ACT
  • Deficit Reduction Act of 2005 rule (42 CFR Part
    440)
  • Before the rule, a state couldn't contract with a
    broker or provide different services in different
    areas of the state without obtaining a waiver.
  • The new rule does away with the waiver
    requirement.
  • Gives states the option of using a non-emergency
    medical transportation broker when providing
    transportation as medical assistance under the
    state plan.

36
DEFICIT REDUCTION ACTNEW CMS RULE
  • The rule
  • Allows brokers to provide for transportation
    services that include wheelchair vans, taxis,
    stretcher cars, bus passes and tickets.
  • Allows the Secretary to allow for the use of
    other forms of transportation.
  • Creates a competitive bidding process.
  • Creates oversight procedures
  • Requires the broker must be an independent entity
  • Provides an exception for a non-governmental
    broker
  • If a governmental agency is the broker it can
    subcontract with a government-owned or controlled
    transportation provider
  • Gives the Secretary the authority to add any
    other medical care which can be covered by the
    state

37
END OF TECHNICAL PART I
38
STUDY TECHNICAL ELEMENTS
  • Review of Public Transit Human Service
    Coordinated Transportation Plans
  • Large and Small Urban Plans
  • Rural Plans
  • Summarize and profile existing needs, strategies
    and implementation of local priorities
  • Element of Statewide Executive Summary
  • Interregional Gap Analysis
  • Derived from review of individual coordinated
    plans
  • Element of Statewide Executive Summary

39
GOAL OF COORDINATED PLAN REVIEW
  • Provide a Statewide View of all Coordinated
    Transportation Plans in California
  • Inform the development of the Statewide
    Implementation Plan

40
COORDINATED PLANSELEMENTS TO BE REVIEWED
  • Current transportation needs by target population
  • Inventory of transportation resources available
    within the region
  • Real or perceived barriers to coordination
  • Identification of current or potential funding
    sources expended on transportation for client
    populations

41
COORDINATED PLANSELEMENTS TO BE REVIEWED
  • Strategies and plans to address needs, gaps and
    deficiencies
  • Identification of duplicative or restrictive
    local regulations and/or policies which serve to
    limit coordination
  • Priorities for selection of coordinated projects,
    including regional mobility management and
  • Specific coordinated plan and project
    recommendations including timing and phasing of
    projects.

42
COORDINATED PLAN REVIEW METHODOLOGY
  • Review individual plans and analyze by geographic
    region with each MPO/RTPA
  • Code Responses and Construct a Microsoft Excel
    Matrix to summarize plan review elements in
    detail

43
PROPOSED MAP STUDY GEOGRAPHIC REGIONS
44
PROPOSED MAP STUDY GEOGRAPHIC REGIONS RATIONALE
  • Utilizes established Caltrans Districts framework
  • Condenses to 11 geographic regions (Districts 7
    Los Angeles and
  • 12- Orange County combined)
  • County groupings used for locale of Regional
    Roundtables

45
2008 REGIONAL POPULATION ESTIMATES
46
2008 REGIONAL POPULATION ESTIMATES
47
GAP ANALYSISPURPOSE
  • Evaluation and assessment of existing needs,
    strategies, and implementation
  • Identify interregional gaps, needs, and
    strategies to identify and address deficiencies
    across the regions
  • Provides solid framework for development of
    Statewide Executive Summary

48
GAP ANALYSISMETHODOLOGY
  • Using Excel Matrix which was constructed in
  • Plan review
  • Populate a relational Access analytical database
    to allow thorough review of plan elements

49
HOW WILL THE DATABASE HELP US?
  • Organize and Sort Large Amounts of Plan
    Information
  • Compile and cross tabulate information
  • Identify trends, commonalities and unique issues
    within the plans (urban, rural, regionally and
    statewide)
  • Can ultimately be used for information-sharing
    and coordinated planning purposes

50
NEXT STEPS/MEETING
  • Work with Human Services on additional statute
    research and analysis
  • Begin Large/Small Urban Coordinated plan review
  • Complete Access database structure
  • Develop stakeholder involvement draft interview
    questions and topics
  • Commence regional roundtable planning and
    scheduling efforts
  • Next Meeting March 25, 2009 Southern
    California City of Norwalk, CA.
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