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Paratransit Eligibility Certification Program Modifications
Member Morrow distributed a Community Plan with information provided by various community groups in Santa Clara County regarding the modifications to the Paratransit Eligibility Certification Program. Member Morrow requested a response from staff regarding the information provided in the Community Plan.
Edna Pampy, Acting Accessible Services Manager, provided a brief overview on the
Paratransit Eligibility Certification Program Modifications. Ms. Pampy noted that all of the comments obtained from the community meetings are itemized and included in the packet. Ms. Pampy continued that staff meet with the following five service agencies: Services for the Brain Injured (SBI), Alexian Satellite Dialysis, Hope Services, Live Oak Adult Day Services, and San Jose Veterans Senior Day Program. Ms. Pampy commented on the suggestion to meet with Community Options; however, noted schedule conflicts; therefore, staff is scheduled to meet with Community Options in April regarding the proposed modifications to the Paratransit Eligibility Certification Program Process.
Ms. Pampy noted that comments provided have lead to the modifications. Ms. Pampy continued that the new proposed brochure will be available in other languages and the program will be compliant with the privacy rules of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which sets a national standard regarding protection of privacy of personal health information as sharing as part of the eligibility and appeals process.
Ms. Pampy noted staff’s initial proposal to eliminate the physician’s verification; however, feedback suggests that it might be good to have the physician’s verification available for the interview. Therefore, staff is working with Marketing Graphics to have the physician’s verification placed on the back of the datasheet, which is a substitute for the lengthy application. Ms. Pampy noted staff’s recommendation to provide free transportation to the interview upon request for the new and recertifying applicant as well as transportation provided to an appeal hearing if the new or recertifying applicant is denied eligibility.
Ms. Pampy commented on the final staff recommended process regarding Paratransit Eligibility Certification and noted the applicant obtains an application brochure from VTA, OUTREACH or community resource, which is available in other languages, the applicant completes a one-page Personal Data form and all applicants are allowed to participate in the interview assessment process regardless of whether the Personal Data form is completed before scheduling the interview. The Personal Data form will include an authorization to release medical information if a physician or third-party professional verification is necessary to determine eligibility after the in-person interview, applicant calls to schedule an interview with Disability Services (DS), applicant may request transportation to the interview appointment at no cost to the applicant, applicant attends an in-person interview, once the interview is complete and all the assessment information is obtained the applicant will be notified of the outcome within 11 days. If the applicant is denied eligibility the applicant may request transportation to the appeals hearing at no cost to the applicant. Ms. Pampy added that the modifications were implemented to make the process more customer friendly; however, remaining a sound process to determine eligibility.
Ms. Pampy requested volunteers to work with Accessibility and Marketing staff to develop a project plan to implement the critical communication piece regarding the modifications to the Paratransit Eligibility Certification Program Process to the public.
Vice Chairperson Stahl queried about the April timeframe schedule to implement the modifications to the Paratransit Eligibility Certification Program. Mr. Tucker responded and noted that the modifications to the Paratransit Eligibility Certification Program will be forwarded to the Board of Directors for consideration at the March 3, 2005 VTA Board of Directors Regular Meeting.
Member Slack queried on the process explaining the ADA three categories regarding Paratransit eligibility to the applicant. Ms. Pampy responded that the ADA three categories are defined by the ADA and are the following: category one - an individual cannot get to the transportation system, category two – the transportation system is inaccessible due to lifts and ramps being operational, or category three – functional limitations for an individual to board and ride the transportation system. Ms. Pampy continued that within the award letter the ADA three categories are outlined and defined. Ms. Pampy noted that the eligibility interviewer examines Conditional Eligibility, which is not implemented or enforced; however, noted that some transit agencies review all the criteria and determine conditional and trip-by-trip. Ms. Pampy continued that Conditional Eligibility refers to an applicant who has ability based upon the trip, time of day, and health condition at that time to take the route. Ms. Pampy noted that Conditional Eligibility is being implemented with the use of the Paratransit Identification card as a free pass for fixed route system; therefore, the individual determines when they are able to utilize fixed route system.
Member Slack queried about how an applicant find out what the ADA three categories are ahead of time. Ms. Pampy responded that staff will review the application brochure and determine if a section can be implemented to describe the ADA three categories.
Member Rhodes queried about implementation of Conditional Eligibility. Ms. Pampy responded that VTA is not implementing Conditional Eligibility and noted that other transit agencies do utilize Conditional Eligibility. Ms. Pampy continued that the information regarding temporary, permanent, or Conditional Eligibility is being entered into the database as part of the Paratransit Eligibility Certification Program Process; however, operationally VTA is not enforcing any of the criteria. Staff is approaching Conditional Eligibility by providing a free pass on bus and light rail system through the Paratransit Identification card; therefore, the individual determines if they are able to utilize the fixed route system. Mr. Tucker added that the organization has not established the ultimate position regarding Conditional Eligibility and trip-by-trip basis. Mr. Tucker noted that Conditional Eligibility and trip-by-trip basis is an issue not decided or addressed nor is it an issue that staff is putting forth any time in the near future and noted that this would be Board level policy decision that has not been made.
Member Rhodes queried about what type of information is being entered into the database through the Paratransit Eligibility Program Process and how an individual would obtain the information to know what is being entered into the database. Ms. Pampy responded that the determination of an individual’s condition is outlined and defined in the award letter. Member Rhodes queried about how an individual would obtain a copy of the information entered into the database.
Member Grant referenced Step 5, Final Staff Recommendation for Attachment A – Comparison of Current and Staff Recommended Paratransit Eligibility Certification Process, and queried if the language could be expanded to include e-mail and fax contact as well to schedule an interview with Disability Services (DS).
Member Grant referenced Step 6, Final Staff Recommendation for Attachment A – Comparison of Current and Staff Recommended Paratransit Eligibility Certification Process, and noted that many individuals in the disabled community do not have photo identification or it may be expired. Member Grant added that the photo identification is expensive to obtain and may cause a delay; therefore, suggested the identification should not have to be photo identification.
Member Grant referenced Step 7, Final Staff Recommendation for Attachment A – Comparison of Current and Staff Recommended Paratransit Eligibility Certification Process, and noted that individuals will not be aware of the free transportation arrangements; therefore, suggested that the free transportation arrangements to interview be advertised. Mr. Tucker responded that the brochure application states that free transportation arrangements are available upon request for new and recertifying applicants.
Mr. Tucker added that the goal is to implement and administer a program that is reasonable and manageable.
Mr. Tucker noted that the new brochure application language is contained in the CTA Committee Agenda Packet, Attachment E - Paratransit Eligibility Certification Program Application Packet. Mr. Tucker added that the goal was to have the CTA Committee receive the language before the final brochure was produced.
Member Grant referenced Step 6, Final Staff Recommendation for Attachment A – Comparison of Current and Staff Recommended Paratransit Eligibility Certification Process, regarding the positive photo identification concerns. Mr. Tucker responded that the issue of photo identification was not one of the concerns raised at the community meetings.
Member Bruntz noted the importance of the applicant being able to apply and schedule an interview on line and noted that benefit to the disabled community.
Member Rhodes queried if staff has considered producing the brochure application on less expensive non-glossy paper. Mr. Tucker responded yes. Ms. Pampy added that the new brochure will be produced on non-glossy paper as a two-color process and will look quite different.
Member Eljas queried about Conditional Eligibility, trip-by-trip, and how will it impact Paratransit individuals. Mr. Tucker responded that Conditional Eligibility and trip-by-trip eligibility deals with individuals whose disability may be able to utilize fixed route system some days and other days they use Paratransit Services. Mr. Tucker continued that most transit services have not implemented trip-by-trip Conditional Eligibility because some of the issues that arise can be related to temperature and medical condition; therefore, it can be difficult to administer on a day to day basis without having a system that captures all of the information. Mr. Tucker added that this is an issue the organization has not made a policy decision to implement at this time or in the future. Member Slack requested if and when the Conditional Eligibility
trip-by-trip policy decision is addressed that the information is brought to CTA to be involved in the discussion.
Member Grant noted public concern and comment regarding the photo identification and referenced Attachment D - “Day After Report” VTA Public Meetings for the Proposed Changes to the Paratransit Eligibility Certification Process for December 29, 2004, at the County Government Center, noting, “The requirement of a photo ID during an interview is an unnecessary barrier. There would not be seniors or applicants who would falsify their identity.”
Member Morrow stressed the importance of having a firm policy and accurate communication regarding the requirement of photo identification to the interview.
Mr. Tucker responded that staff’s final recommendation to the Board of Directors is that the applicant brings in photo identification to the interview. Member Morrow stressed the importance and due diligence of staff to make the community aware of the photo identification requirement since there has been differing communication regarding the photo identification requirement.
Member Rhodes queried about the information entered into the database and if the information would be utilized to implement trip-by-trip. Mr. Tucker responded that no plan exists to implement trip-by-trip; however, noted in the future if the
Board of Directors considered adoption of a policy the information entered into the database would be utilized as a basis to determine trip-by-trip.
Member Rhodes stressed the importance of the individual having the right to receive the information entered into the database and noted her request to obtain the information entered into the database. Ms. Pampy responded that the information is defined and outlined on the award letter. Member Rhodes queried about the information regarding an individual’s disability and circumstances. Ms. Pampy responded that the program will be compliant with the privacy rules of the HIPAA regarding protection of privacy of personal health information as sharing as part of the eligibility and appeals process.
Chairperson Julian queried about the existence of an informational database. Mr. Tucker responded yes and assumed that DS would have an informational database. Chairperson Julian queried if the information is obtained from the interview process and if applicants were allowed to obtain a copy of the information entered into the database. Ms. Pampy responded that an individual may request and sign a release to obtain the information and VTA will send the information to the individual.
Member Slack queried about and requested to obtain a copy of his information entered into the database from the interview process. Member Slack queried if an e-mail request for the information would be accepted. Ms. Pampy responded yes and agreed to provide the information.
Member Eljas requested to obtain a copy of her information entered into the database from the interview process.
Chairperson Julian stressed the importance to conduct the Community Meetings in locations that are accessible to the public to utilize public involvement and participation.
Member Grant motioned to remove the word “photo” in Step 6 in the Recommended Paratransit Eligibility Certification Process. Member Rhodes requested a friendly amendment to include photo identification is preferred; however, not required.
Vice Chairperson Stahl and Member Slack stressed the importance and requirement regarding photo identification to conduct business.
Member Marcillet stressed the issue regarding identity theft and noted valid reasons of having photo identification. Mr. Tucker noted the importance of having photo identification as a safety issue for identification purposes.
Member Grant clarified that the issue is the requirement of having photo identification when applying for the Paratransit Eligibility Program.
Member Bruntz expressed concern and noted that the photo identification requirement is an unnecessary barrier.
Ex-Officio Member Heatley stressed the importance of flexibility in the rules regarding the requirement of photo identification to apply for the Paratransit Eligibility Program. Ex-Officio Member Heatley noted that the photo identification requirement would be a barrier for some individuals.
M/S/C (Grant/Bruntz) to recommend removing the word “photo” in Step 6, Final Staff Recommendation for Attachment A – Comparison of Current and Staff Recommended Paratransit Eligibility Certification Process; therefore, stating, “Applicant brings Personal Data form and positive identification, such as a current or expired driver’s license or California ID card, to the interview. Further, recommend that photo identification is preferred; however, not required.”
Chairperson Julian requested volunteers to serve on a Committee to work with Accessibility and Marketing staff regarding accurate information provided to the community regarding the modifications to the Paratransit Eligibility Certification Program Process. Members Gallo, Morrow, and Jensen volunteered to serve on the Committee to work with Accessibility and Marketing staff.
The Committee reviewed and commented on the recommended modifications to the Paratransit Eligibility Certification Process.
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