Transcript Document 7208483

Draft Presentation to:
California Department of Transportation
(Caltrans)
Mobility Action Plan (MAP) Phase I
Implementation Study
MAP PAC Committee Meeting
Presented by:
Judith Norman - Transportation Consultant
(JNTC)
In Association with:
The National Conference of State Legislatures
January 21, 2009
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-Related Acts and
Statutes
Technical Update: Coordinated Plan Review and Gap
Analysis Methodology: Draft Study Geographic Regions and
Information Analysis Process
Judith Norman-Transportation Consultant
2
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
Judith Norman-Transportation Consultant
3
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
Judith Norman-Transportation Consultant
4
ADA

The Americans with Disabilities Act
(ADA) of 1990:


Gives civil rights protections to
individuals with disabilities
Guarantees equal opportunities for
individuals with disabilities
Judith Norman-Transportation Consultant
5
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.
Judith Norman-Transportation Consultant
6
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
Judith Norman-Transportation Consultant
7
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.
Judith Norman-Transportation Consultant
8
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.
Judith Norman-Transportation Consultant
9
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.
Judith Norman-Transportation Consultant
10
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.
Judith Norman-Transportation Consultant
11
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
Judith Norman-Transportation Consultant
12
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.
Judith Norman-Transportation Consultant
13
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, doorthrough door service
Vehicles with mobility aids for persons with
disabilities
Judith Norman-Transportation Consultant
14
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.
Judith Norman-Transportation Consultant
15
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
Judith Norman-Transportation Consultant
16
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.
Judith Norman-Transportation Consultant
17
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 CTSA’s primary
function is to channel funds to other organizations
which are actually providing the transit services.
Judith Norman-Transportation Consultant
18
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
Judith Norman-Transportation Consultant
19
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.
Judith Norman-Transportation Consultant
20
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)
Judith Norman-Transportation Consultant
21
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.
Judith Norman-Transportation Consultant
22
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.
Judith Norman-Transportation Consultant
23
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.
Judith Norman-Transportation Consultant
24
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
Judith Norman-Transportation Consultant
25
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%
Judith Norman-Transportation Consultant
26
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
Judith Norman-Transportation Consultant
27
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.
Judith Norman-Transportation Consultant
28
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.
Judith Norman-Transportation Consultant
29
MEDI-CAL

California’s 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).
Judith Norman-Transportation Consultant
30
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.
Judith Norman-Transportation Consultant
31
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.
Judith Norman-Transportation Consultant
32
MEDI-CAL


To provide transportation to MediCal beneficiaries, transit providers
have to be certified by the Dept. of
Health Care Services
Application process
Judith Norman-Transportation Consultant
33
MEDI-CAL




California's emergency and
nonemergency transportation programs
are decentralized.
Usually administered by the local MediCal 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)
Judith Norman-Transportation Consultant
34
NEW CMS RULE
DEFICIT 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 nonemergency medical transportation broker
when providing transportation as medical
assistance under the state plan.
Judith Norman-Transportation Consultant
35
DEFICIT REDUCTION ACT:
NEW 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
Judith Norman-Transportation Consultant
36
END OF TECHNICAL PART I
Judith Norman-Transportation Consultant
37
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
Judith Norman-Transportation Consultant
38
GOAL OF COORDINATED PLAN
REVIEW


Provide a Statewide View of all
Coordinated Transportation
Plans in California
Inform the development of the
Statewide Implementation Plan
Judith Norman-Transportation Consultant
39
COORDINATED PLANS:
ELEMENTS 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
Judith Norman-Transportation Consultant
40
COORDINATED PLANS:
ELEMENTS 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.
Judith Norman-Transportation Consultant
41
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
Judith Norman-Transportation Consultant
42
PROPOSED MAP STUDY
GEOGRAPHIC REGIONS
Judith Norman-Transportation Consultant
43
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
Judith Norman-Transportation Consultant
44
2008 REGIONAL
POPULATION ESTIMATES
County
Del Norte
Humboldt
Lake
Mendocino
Total
District 3
District 2
District 1
Provisional
July 1, 2007
29,401
132,690
64,069
90,051
316,211
County
Lassen
Modoc
Plumas
Shasta
Siskiyou
Tehama
Trinity
Total
Provisional
July 1, 2007
35,763
9,727
20,696
182,470
46,017
62,466
13,898
371,037
District 4
County
Alameda
Contra Costa
Marin
Napa
Santa Clara
San Mateo
San Francisco
Solano
Sonoma
Total
Provisional
July 1, 2007
1,548,492
1,056,477
257,522
137,010
1,846,757
742,251
842,625
426,026
484,547
7,341,707
District 5
County
Monterey
San Benito
San Luis Obispo
Santa Barbara
Santa Cruz
Total
County
Butte
Colusa
El Dorado
Glenn
Nevada
Placer
Sacramento
Sierra
Sutter
Yolo
Yuba
Total
Provisional
July 1, 2007
220,769
21,848
179,969
29,286
99,116
338,750
1,427,885
3,353
96,541
200,009
72,351
2,689,877
District 6
Provisional
July 1, 2007
429,083
57,629
270,046
429,109
267,541
1,453,408
Judith Norman-Transportation Consultant
County
Fresno
Kern
Kings
Madera
Tulare
Total
Provisional
July 1, 2007
936,828
823,550
155,024
151,938
438,276
2,505,616
45
2008 REGIONAL
POPULATION ESTIMATES
District 7
County
Los Angeles
Orange
Ventura
Total
District 8
Provisional
July 1, 2007
10,347,437
3,125,756
830,343
14,303,536
District 9
Provisional
July 1, 2007
County
Riverside
San Bernardino
Total
2,106,328
2,060,722
4,167,050
County
Inyo
Mono
Total
Provisional
July 1, 2007
18,011
13,726
31,737
District 10
County
Provisional
July 1, 2007
District 11
Provisional
July 1, 2007
County
Alpine
Amador
Calaveras
Mariposa
Merced
San Joaquin
Stanislaus
Tuolumne
Total
1,202
37,863
45,980
18,297
256,114
687,044
526,047
56,470
1,629,017
Imperial
San Diego
Total
177,820
3,161,477
3,339,297
Judith Norman-Transportation Consultant
46
GAP ANALYSIS:
PURPOSE



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
Judith Norman-Transportation Consultant
47
GAP ANALYSIS:
METHODOLOGY
Using Excel Matrix which was constructed in
Plan review:

Populate a relational Access analytical
database to allow thorough review of
plan elements
Judith Norman-Transportation Consultant
48
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
Judith Norman-Transportation Consultant
49
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.
Judith Norman-Transportation Consultant
50