person centered policies implementing current and potential requirements of the ada presented at...
TRANSCRIPT
Person Centered Person Centered PoliciesPolicies
Implementing current and potential Implementing current and potential requirements of the ADArequirements of the ADA
Presented at Ohio Public Transportation AssociationPresented at Ohio Public Transportation AssociationMay 22, 2009May 22, 2009Dayton, OHDayton, OH
Karen HoeschKaren HoeschACCESS Transportation SystemsACCESS Transportation SystemsPittsburgh, PAPittsburgh, PA
ACCESS Transportation SystemsACCESS Transportation Systems
The ADA 19 years The ADA 19 years later….later…. Fixed route system accessibilityFixed route system accessibility Quality paratransit systemsQuality paratransit systems Judicial review and rulingsJudicial review and rulings FTA compliance reviewsFTA compliance reviews Learning to blend civil rights law Learning to blend civil rights law
with transportation policywith transportation policy
ACCESS Transportation SystemsACCESS Transportation Systems
We don’t do that….We don’t do that….
Framework for considering Framework for considering exceptionsexceptions– Current practicesCurrent practices– Written policiesWritten policies
ACCESS Transportation SystemsACCESS Transportation Systems
Decision TreeDecision Tree Is there a written policy?Is there a written policy? Reason for policyReason for policy
– Federal law (ADA)Federal law (ADA)– State law (car seats)State law (car seats)– Funding requirement (Medicaid)Funding requirement (Medicaid)– Risk managementRisk management– System efficiencySystem efficiency
Which can be adapted and under what Which can be adapted and under what circumstancescircumstances
Past PracticesPast Practices
ACCESS Transportation SystemsACCESS Transportation Systems
3 step test3 step test
1.1. Is the request due to a disability?Is the request due to a disability?
2.2. Does it fundamentally alter the Does it fundamentally alter the nature of the service?nature of the service?
3.3. Does it create a direct threat?Does it create a direct threat?
Must document decisions Must document decisions
Local policy clarificationLocal policy clarification
Possible FTA reviewPossible FTA review
ACCESS Transportation SystemsACCESS Transportation Systems
Basic service definedBasic service defined
Essential elements of paratransitEssential elements of paratransit– Shared rideShared ride– Advance reservationAdvance reservation– Service area, days and hours of serviceService area, days and hours of service– Transportation – not personal Transportation – not personal
assistanceassistance– Fares paidFares paid– Accessible vehiclesAccessible vehicles
ACCESS Transportation SystemsACCESS Transportation Systems
Fundamental Fundamental AlterationAlterationUndue BurdenUndue Burden Not required - examplesNot required - examples
– No provision of personal serviceNo provision of personal service– Exceed door-to-door (into a building)Exceed door-to-door (into a building)– Leave vehicles unattended for Leave vehicles unattended for
lengthy periodlengthy period
ACCESS Transportation SystemsACCESS Transportation Systems
Direct Threat DefinedDirect Threat Defined
Determine that direct threat exists to Determine that direct threat exists to health or safety of health or safety of othersothers
Not intended to permit restrictions Not intended to permit restrictions aimed at protecting people with aimed at protecting people with disabilities themselvesdisabilities themselves
Must be based on evidence – not Must be based on evidence – not speculation or apprehensionspeculation or apprehension– ScootersScooters– Bus stop accessibilityBus stop accessibility
ACCESS Transportation SystemsACCESS Transportation Systems
Origin to Origin to Destination ServiceDestination Service
ACCESS Transportation SystemsACCESS Transportation Systems
ClarificationClarificationCurrent LanguageCurrent Language
ADA complimentary paratransit is “origin to ADA complimentary paratransit is “origin to destination” servicedestination” service– 49CFR 37.129(a)49CFR 37.129(a)
Not a change – but a clarificationNot a change – but a clarification Exceptions in regulationsExceptions in regulations
– On-call bus serviceOn-call bus service– Feeder serviceFeeder service
Obligation to ensure that passengers are Obligation to ensure that passengers are actually able to use the service to get form the actually able to use the service to get form the door to the destinationdoor to the destination
Door to door vs. curb to curb still a local Door to door vs. curb to curb still a local decisiondecision
ACCESS Transportation SystemsACCESS Transportation Systems
Origin to DestinationOrigin to Destination
Does not prescribe door to door for Does not prescribe door to door for everyoneeveryone– Still a local decisionStill a local decision– Basic mode determined locallyBasic mode determined locally
Emphasis on obligation of transit to Emphasis on obligation of transit to ensure that eligible passengers are able ensure that eligible passengers are able to use the service to get from point of to use the service to get from point of origin to destinationorigin to destination– Not all require additional assistNot all require additional assist– Individual needs and situations consideredIndividual needs and situations considered
ACCESS Transportation SystemsACCESS Transportation Systems
ExamplesExamples
Physical barriersPhysical barriers– Sidewalk Sidewalk
constructionconstruction Limitations of Limitations of
individualindividual– Reasonable level Reasonable level
of effortof effort– Cognitive abilityCognitive ability
ACCESS Transportation SystemsACCESS Transportation Systems
Local PoliciesLocal Policies
No requirement to change local basic No requirement to change local basic mode (curb to curb vs. door to door)mode (curb to curb vs. door to door)
Exceptions considered case by case Exceptions considered case by case System may request advance notificationSystem may request advance notification No requirement to:No requirement to:
– Provide personal servicesProvide personal services– Through the door into the interior of a buildingThrough the door into the interior of a building– Leave vehicle unattended for lengthy periodLeave vehicle unattended for lengthy period
ACCESS Transportation SystemsACCESS Transportation Systems
How to handle?How to handle?
Use eligibility process to decide in Use eligibility process to decide in advanceadvance
Driver training and incident reportingDriver training and incident reporting Documenting requests from customersDocumenting requests from customers
– Regular policy reviewRegular policy review TeamsTeams Supervisory reviewSupervisory review Documentation of decisionsDocumentation of decisions CommunicationCommunication
– To customersTo customers– To service providerTo service provider
ACCESS Transportation SystemsACCESS Transportation Systems
Anticipating SituationsAnticipating SituationsNo one home to accept – hand to No one home to accept – hand to handhand
Identify which ridersIdentify which riders Safety net – no one Safety net – no one
homehome Driver trainingDriver training Announcement of Announcement of
arrivalarrival Responsibilities Responsibilities
clearly clearly communicatedcommunicated– Driver and systemDriver and system– Family and programFamily and program– Consequences Consequences
ACCESS Transportation SystemsACCESS Transportation Systems
Flexibility RequiredFlexibility Required
Inflexible policy not appropriateInflexible policy not appropriate May not refuse to provide service May not refuse to provide service
past the curb in all situationspast the curb in all situations Obligation to provide an Obligation to provide an
enhancement “when needed and enhancement “when needed and appropriate to meet the origin to appropriate to meet the origin to destination requirement”destination requirement”
Consider individual situationsConsider individual situations
ACCESS Transportation SystemsACCESS Transportation Systems
Reasonable Reasonable Modification of Modification of Policies and PracticesPolicies and Practices
ACCESS Transportation SystemsACCESS Transportation Systems
Proposed change in Proposed change in RegulationsRegulations Proposed change to Title II, US DOT Proposed change to Title II, US DOT
requirements of the ADArequirements of the ADA Applies to all transportation entitiesApplies to all transportation entities Reasonable modification to ensure Reasonable modification to ensure
program accessprogram access ““Fundamental tenant of disability non-Fundamental tenant of disability non-
discrimination law”discrimination law” Consistent with other sections, Consistent with other sections,
enforcement agencies of the ADAenforcement agencies of the ADA
ACCESS Transportation SystemsACCESS Transportation Systems
Proposed RulesProposed Rules
Intended to clarify reasonable Intended to clarify reasonable modification requirement when modification requirement when necessary:necessary:– To ensure program accessTo ensure program access– To avoid discrimination on basis of disabilityTo avoid discrimination on basis of disability
Modification not required ifModification not required if– Creates undue burdenCreates undue burden– Fundamentally alters the nature of the Fundamentally alters the nature of the
serviceservice– Creates a “direct threat”Creates a “direct threat”
ACCESS Transportation SystemsACCESS Transportation Systems
Common SituationsCommon Situations
Driveway – pull in Driveway – pull in and conditionand condition
Standard entrancesStandard entrances Car / sedan onlyCar / sedan only Packages and Packages and
equipmentequipment Wait 5 minutesWait 5 minutes Eating and drinking Eating and drinking
on boardon board PetsPets
ACCESS Transportation SystemsACCESS Transportation Systems
Opportunities:Opportunities:
Conditional EligibilityConditional EligibilityAgency TripsAgency Trips
ACCESS Transportation SystemsACCESS Transportation Systems
ADA EligibilityADA Eligibility
Demand management toolDemand management tool Conditional eligibility best measure of Conditional eligibility best measure of
an effective processan effective process 30-45% national average30-45% national average Usually part of an in-person processUsually part of an in-person process
– Not necessarily costlyNot necessarily costly– Not necessarily 100%Not necessarily 100%
Conditions must be accurate and Conditions must be accurate and thoroughthorough
ACCESS Transportation SystemsACCESS Transportation Systems
Accurate, thorough Accurate, thorough conditions conditions Process to identify all conditions that Process to identify all conditions that
may preventmay prevent Most limiting conditionMost limiting condition
– Of the personOf the person– Of the environmentOf the environment– Of the transit systemOf the transit system
Neither vague or too broadNeither vague or too broad– ““Trip by Trip”Trip by Trip”– Barriers or path of travelBarriers or path of travel– SeasonalSeasonal
ACCESS Transportation SystemsACCESS Transportation Systems
Objective, measurableObjective, measurable
Customer and system should be Customer and system should be able to review same trip and able to review same trip and come to same answercome to same answer
Fact based conditions (examples)Fact based conditions (examples)– Distance to and from the stopDistance to and from the stop– Architectural barriersArchitectural barriers– Specific weather conditionsSpecific weather conditions– Bus stop accessibilityBus stop accessibility
ACCESS Transportation SystemsACCESS Transportation Systems
Why manage trip Why manage trip eligibilityeligibility Customers have little experience on Customers have little experience on
fixed routefixed route Difficult to find trip and barrier Difficult to find trip and barrier
informationinformation System responsible for decisionSystem responsible for decision Built in biases – using same criteriaBuilt in biases – using same criteria Non-eligible trips are costly to serveNon-eligible trips are costly to serve
ACCESS Transportation SystemsACCESS Transportation Systems
Why aren’t we doing Why aren’t we doing it?it? Lack of solid conditional eligibilityLack of solid conditional eligibility Perception that it’s:Perception that it’s:
– Too complicatedToo complicated– Too costly – “not worth it”Too costly – “not worth it”– Requires sophisticated technologyRequires sophisticated technology– Impossible to implement in the real Impossible to implement in the real
environment of operationsenvironment of operations
ACCESS Transportation SystemsACCESS Transportation Systems
Trip by trip EligibilityTrip by trip Eligibility
Eligibility of a trip is based on Eligibility of a trip is based on conditions that prevent the individualconditions that prevent the individual
No obligation for applicant to identify No obligation for applicant to identify a current or potential trip with a a current or potential trip with a barrierbarrier
May be granted eligibility and never May be granted eligibility and never have an eligible paratransit triphave an eligible paratransit trip– Current routine bus riderCurrent routine bus rider– Can get to and from home stopCan get to and from home stop
ACCESS Transportation SystemsACCESS Transportation Systems
ACCESS ADA EligibilityACCESS ADA EligibilityRegistered CustomersRegistered Customers
Transitional - 1%
Unconditional -66%Conditional -33%
ACCESS Transportation SystemsACCESS Transportation Systems
ACCESS - ADA Trips by ACCESS - ADA Trips by Eligibility TypeEligibility Type
Unconditional81%
Conditional18%
Transitional1%
ACCESS Transportation SystemsACCESS Transportation Systems
ACCESS ADA RidershipACCESS ADA RidershipWhen less is more….When less is more…. Ridership shifts Ridership shifts
from ADA in fully from ADA in fully coordinated coordinated systemsystem– To fixed routeTo fixed route– To other sponsorsTo other sponsors
Port Authority uses Port Authority uses saved dollars to saved dollars to support, enhance support, enhance ACCESS servicesACCESS services
490,000
495,000
500,000
505,000
510,000
515,000
520,000
FY02 FY03 FY04 FY05 FY06
ADA ridership
ACCESS Transportation SystemsACCESS Transportation Systems
ACCESSACCESSNon-Eligible TripsNon-Eligible Trips
Average 2,000 trips month not Average 2,000 trips month not eligibleeligible
Annualized savings $450,000Annualized savings $450,000 Many more Many more CHOOSINGCHOOSING fixed route – fixed route –
no longer request ACCESS serviceno longer request ACCESS service Fixed route system accessibility and Fixed route system accessibility and
reliability improvingreliability improving
ACCESS Transportation SystemsACCESS Transportation Systems
Agency Trip Case StudyAgency Trip Case StudyTitle XIX Waiver Title XIX Waiver ProgramsPrograms Supports individual Supports individual
in the communityin the community Transportation Transportation
included serviceincluded service Individual budgetsIndividual budgets PittsburghPittsburgh
– 10% ADA eligible 10% ADA eligible populationpopulation
– 50% of the rides50% of the rides– High productivity High productivity
ridesrides– Negotiated fareNegotiated fare– Provided reporting Provided reporting
for the agencyfor the agency
ACCESS Transportation SystemsACCESS Transportation Systems
Our communitiesOur communitiesworking togetherworking together