Person Centered Policies Implementing current and potential requirements of the ADA Presented at...

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


We don’t do that….We don’t do that….

Framework for considering Framework for considering exceptionsexceptions– Current practicesCurrent practices– Written policiesWritten policies


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


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


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


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


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


Origin to Origin to Destination ServiceDestination Service


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


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


ExamplesExamples

Physical barriersPhysical barriers– Sidewalk Sidewalk

constructionconstruction Limitations of Limitations of

individualindividual– Reasonable level Reasonable level

of effortof effort– Cognitive abilityCognitive ability


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


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


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


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


Reasonable Reasonable Modification of Modification of Policies and PracticesPolicies and Practices


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


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”


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


Opportunities:Opportunities:

Conditional EligibilityConditional EligibilityAgency TripsAgency Trips


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


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


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


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


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


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 ADA EligibilityACCESS ADA EligibilityRegistered CustomersRegistered Customers

Transitional - 1%

Unconditional -66%Conditional -33%


ACCESS - ADA Trips by ACCESS - ADA Trips by Eligibility TypeEligibility Type

Unconditional81%

Conditional18%

Transitional1%


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


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


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


Our communitiesOur communitiesworking togetherworking together


Connecting people to Connecting people to lifelife

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