WALTON COUNTY TRANSPORTATION DISADVANTAGED COORDINATING BOARD

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1 WALTON COUNTY TRANSPORTATION DISADVANTAGED COORDINATING BOARD P.O. BOX 11399, Pensacola, Florida (850) Sara Comander 4081 E. Olive Road, Pensacola FL Toll Free Chairman Web Site: Staff to the Board: Carolyn Clear Okaloosa Walton TPO Vice-Chairman Date: October 5, 2012 MEMORANDUM TO: FROM: SUBJECT: Transportation Disadvantaged Coordinating Board Members and Interested Parties Walton County Commissioner Sara Comander, Chairperson October 16, 2012 Transportation Disadvantaged Quarterly Coordinating Board Meeting The Walton County Transportation Disadvantaged Coordinating Board will meet Tuesday, October 16, 2012 at 1:30 p.m. at Walton County Extension Office, 732 N. 9 th Street, DeFuniak Springs. If you have any questions, please contact Julia Pearsall at , Ext. 231 or by at Julia.Pearsall@wfrpc.org. Board members will introduce themselves and the agency or position they represent. Visitors are asked to introduce themselves to be welcomed by the Board. AGENDA I. Call to Order and Approval of the September 18, 2012 Board Meeting minutes. A. For Action Presentation: Chairperson (Agenda Item I-A) II. Old Business: III. New Business A. Bylaws and Grievance Procedures For Action Presentation: TPO Staff (Agenda Item III-A) B. CTC Evaluation/TDSP Committee For Action Presentation: CTC Staff (Agenda Item III-B)

2 C. Community Transportation Coordinator Report For Information Presentation: CTC Staff (Agenda Item III-D) D. Transportation Planning Organization Quarterly Report For Information Presentation: Julia Pearsall (Agenda Item III-E) E. Commission for the Transportation Disadvantage Correspondence For Information Presentation: Julia Pearsall (Agenda Item III-F) G. Grant Review For Information Presentation: TPO or CTC Staff (Agenda Item III-G) IV. Other Business V. Adjourn NEXT MEETING: The next quarterly board meeting date is scheduled for Tuesday, February 19, The West Florida Regional Planning Council adheres to the Americans with Disabilities Act and will make reasonable modifications for access and language for this meeting upon request. Please call Ms. Dorothy McKenzie (850) Requests must be made at least 48 hours in advance of the meeting in order to allow the TPO time to provide the requested services. PUBLIC COMMENTS: Please complete a Public Comment Card and present the card to staff, to be recognized by the chair.

3 AGENDA ITEM I-A SUBJECT: Approval of the September 18, 2012 Quarterly Board meeting minutes. BACKGROUND: The minutes from the September 18, 2012 Quarterly Board Meeting are submitted for approval by the local coordinating board, as required by the TD Commission and Florida Administrative Code (5)(a). REQUESTED ACTION: A motion and vote to approve the minutes of the September 18, 2012 Quarterly Board meeting.

4 DRAFT 9/18/2012 BE WALTON COUNTY TRANSPORTATION DISADVANTAGED COORDINATING BOARD MEETING 9/18/12 MINUTES Okaloosa Walton Transportation Planning Organization (Designated Staff) Extension Services Building -732 N. 9th Street DeFuniak Springs, Florida Date of Meeting 10/26/11 2/29/12 6/6/12 9/18/12 Agency for Health Care Admin. John Vinski/Alt John Maraldo A P P P Children at Risk Ardelle Bush/Alt Vacant A A A P Citizen Carolyn Clear/Alt Clinton Weathers P P P P Citizen User of Transportation Annie Campbell/Alt Vacant A A A A Department of Education Diane Jackson/Alt Art Dreaden A P P A Department of Elder Affairs Linda Torres/Alt Gwendolyn Rhodes P A P A Disabled Lynette McLendon/Alt Vacant A A A A Economically Disadvantaged Vacant/Alt Vacant Vacant Vacant Vacant Vacant Elderly Thomas Mathis/Alt Vacant A P A P Elected Official-Chair Sara Comander/Alt Carolyn Clear P P Alt P Alt P FL Dept. of Children & Families Randy Fleming/Alt Malva Weaver Alt P Alt P Alt P A FL Dept of Transportation Kathy Rudd/Alt Vanessa Strickland A A A P Local Medical Community Dawne Dries/Alt Gina Johnson A A Alt P A Private Transportation Industry Bobby Martin/Alt Bill May A A A A Public Education Jim Hicks/Alt Vacant Vacant Vacant P A Veterans Mark Kelley/Alt Jenifer Pate P P P P Workforce Development Board Rebecca Pazik/Alt Regina Clark P P Alt P P OTHERS PRESENT: INTRODUCTIONS: Floyd Webb, Joel Paul, Heather Craft, Debbie Davis, Tabitha Adams, Julia Pearsall, Brittany Ellers Vice Chair Clear called the meeting to order. Introductions were made and visitors were welcomed. I. A. Approval of the Minutes Walton County Minutes Page 1

5 DRAFT 9/18/2012 BE Action: Ms. Kathy Rudd moved to approve the May 29, 2012 Public Hearing and Meeting Minutes; Mr. Kelley seconded, and the motion was unanimously approved. II. New Business A. Election of Vice Chair Ms. Pearsall advised that every year the Board elects a Vice Chair to serve in the absence of the Chair. There were no new nominations for Vice Chair. Action: Ms. Rudd made a motion for Ms. Caroline Clear to continue as Vice Chair; Mr. Mark Kelley seconded; and the motion was unanimously approved. B. Annual Operating Report Ms. Heather Craft, from Tri-County Community Council, presented the Walton County Annual Operating Report to the board. Page by page the board was given information to review and discuss. In the General Information (third page of the AOR) section Ms. Craft went over a list of the profit and non-profit providers. Ms. Pearsall pointed out that Caring Hearts is a for profit provider, when Ms. Craft listed them as a non-profit. As the board continued through the AOR, Ms. Rudd questioned the total number of the unduplicated head count, in the Passenger Trip Information section of the AOR. Ms. Craft said that this copy was printed before some corrections were made so it may be changed. Mr. Webb added it seemed that the error is due to a system issue, and that he would look into fixing it. Ms. Pearsall informed the action needed would be the board makes a motion to approve the Chair to sign the AOR, indicating that it has been reviewed. Action: Ms. Rudd moved to approve the Chair to sign the AOR indicating it has been reviewed by the board. Ms. Pazik seconded the motion, and the motion passed unanimously. C. Community Transportation Coordinator Report Ms. Tabitha Adams presented the Community Transportation Coordinator Report to the board and asked for any questions. The report was not included in the agenda, but passed out to the board at the meeting for review. There were no questions about the Community Transportation Coordinator Report. Ms. Pearsall asked Ms. Adams to go over the staff changes at Tri-County Community Council. Ms. Adams explained to the board Inez Cassiday is the new Project Manager of Transportation for all 3 counties (Walton, Washington, and Holmes). Ms. Heather Craft will be taking over the financial aspect, but Ms. Cassiday will still be the contact person for Walton County. Ms. Rudd brought up that the Tri-County Community Council also had a new maintenance facility in Ponce de Leon. Ms. Craft explained that Walton County has not used it yet, though Holmes and Washington County are using the maintenance facility. Ms. Clear asked what Walton County was using at the moment and Ms. Craft replied that they are using Rockman Enterprises. Ms. Clear then asked how long it will be until Walton County Walton County Minutes Page 2

6 DRAFT 9/18/2012 BE will be using the Ponce de Leon facility. Mr. Joel Paul replied that it has not yet been determined but it could be a matter of weeks or a matter of months. Mr. Paul gave the board a summarization of how and why the Ponce de Leon facility came about. Mr. Paul explained the facility in Ponce de Leon is expected to service 75 to 80 vehicles from Holmes, Washington, and Walton counties. The CTC has a staff of one mechanic; this brought a question from Mr. Mathis as to whether one mechanic would be enough to service all three counties. Mr. Paul told the board the CTC was trying to make the Ponce de Leon facility as cost efficient as possible, due to slightly higher cost than private vendors. Ms. Rudd reminded Mr. Paul that there were people from FSU that could come and advise the CTC. Ms. Pearsall asked if some of the operator vehicles were serviced in that facility. Mr. Paul replied they do not service vehicles that they do not have the title to. Action: Information Only D. Transportation Planning Organization Quarterly Report Ms. Julia Pearsall reviewed the Transportation Planning Organization Report. There were no questions. Action: Information Only E. Commission for the Transportation Disadvantaged Correspondence Ms. Pearsall reviewed the Commission for the Transportation Disadvantaged Correspondence. There were no questions. Action: Information Only G. Grant Review There were none. H. Other Business In other business, Ms. Rudd brought up a comment Mr. Thomas Mathis made earlier, about the Alabama doctors no longer taking Florida Medicaid. Mr. Floyd asked if anyone knew why, Mr. Mathis responded stating that he had just found out about it. Ms. Rudd asked if other states had taken out of state Medicaid at all, Ms. Pearsall said that Medicaid can be considered in state up to a sixty mile from the state line. Mr. Vinski told the board that there were still a lot of physicians taking Florida Medicaid in Atmore and Mobile. There was general discussion of reasons for Alabama physicians might be no longer taking Florida Medicaid. Mr. Vinski brought up that Medicaid was starting a Federal Qualifying Health Clinic (FQHC). FQHC s would allow Medicaid users to have up to 3 visits per day. Ms. Clear brought up a Mr. Hill, with PanCare of Florida, Inc, who is working to get a FQHC open in Walton County Minutes Page 3

7 DRAFT 9/18/2012 BE Freeport. Ms. Clear told the board that the Freeport FQHC should open on October 1, 2012, but there were no providers yet so there will just be a back up start. Ms. Clear stated that there would now be a FQHC in Freeport, Bruce, and in the Health Clinic in Defuniak Springs. There being no further business the meeting was adjourned. Walton County Minutes Page 4

8 AGENDA ITEM III-A SUBJECT: Bylaws and Grievance Process Update BACKGROUND: The planning agency contract with the Commission for Transportation Disadvantaged requires an annual review of the bylaws and grievance procedure for any necessary changes. The draft updated Bylaws and Grievance Procedures are enclosed for Board review and approval. The Board is asked to consider clarifying the definition of Complaints and the preferred method of reporting complaints. REQUESTED ACTION: A motion and vote to approve the updated Bylaws and Grievance Process.

9 Bylaws of the Walton County Transportation Disadvantaged Coordinating Board August 2011 October 2012 Agency Description. The Walton County Transportation Disadvantaged Coordinating Board is a public body appointed by the Designated Official Planning Agency (DOPA) as authorized by Section Florida Statutes. The membership of the Coordinating Board represents the appropriate parties pursuant to Rule (3), Florida Administration Code. Purpose. According to Chapter , Florida Statutes, the purpose of the Coordinating Board is to: 1. Develop local service needs; and 2. Provide information, advice, and direction to the Community Transportation Coordinator on the coordination of service to be provided to the transportation disadvantaged. 3. In general, the Local Coordinating Board is considered advisory. I. DEFINITIONS. As used in these Bylaws: (A) Coordinating Board According to Chapter (7), Florida Statutes, the Coordinating Board is defined as "an entity in each designated service area composed of representatives appointed by the Metropolitan Planning Organization, or Designated Official Planning Agency, to provide assistance to the Community Transportation Coordinator relative to the coordination of transportation services." (B) Designated Official Planning Agency According to Rule (10), the Designated Official Planning Agency is defined as "the official body or agency designated by the Commission to fulfill the functions of transportation disadvantaged planning in areas not covered by a Metropolitan Planning Organization. The Metropolitan Planning Organization shall serve as the Designated Official Planning Agency in areas covered by such organizations." (C) Designated Service Area According to Rule 41-2.(002(11), the Designated Service Area is defined as "a geographical area recommended by a Designated Official Planning Agency, subject to approval by the Commission, which defines the community where coordinated transportation services will be provided to the transportation disadvantaged." The Commission for the Transportation Disadvantaged has DRAFT WALTON Bylaws OCTOBER 2012 August

10 (D) designated each County as a Designated Service Area. When agreed upon in writing, by all Boards of County Commissioners in each county to be covered in the service area, multi-county Coordinating Boards may be appointed. Transportation Disadvantaged According to Rule (29), the ATransportation Disadvantaged (TD) is defined as those persons who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase transportation and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life-sustaining activities, or children who are handicapped or high-risk or at-risk as defined in Section , Florida Statutes. (E) Transportation disadvantaged Service Plan (TDSP) The Transportation Disadvantaged Service Plan is a three-year implementation plan with annual updates developed by the Community transportation Coordinator (CTC) and the Designated Official Planning Agency (DOPA) and contains the provisions of service delivery in the coordinated transportation system. (F) Memorandum of Agreement According to Rule (18), the Memorandum of Agreement (MOA) is defined as The Aagreement between the Commission and the Community Transportation Coordinator and recognizes the Community Transportation Coordinator as being responsible for the arrangement of the provision of transportation disadvantaged services for the designated service area. II. MEMBERSHIP In accordance with Section , Florida Statutes, all members of the County Coordinating Board shall be appointed by the Designated Official Planning Agency (DOPA). In making these appointments, the DOPA shall appoint individuals in positions of responsibility within the agency at a level high enough to allow them to adequately represent their agency during Board discussions and when votes are being taken. A. Voting Members 1. An elected official from the service area, serving as the chairperson; 2. A representative of the Florida Department of Transportation; 3. A representative of the Florida Department of Children and Families; 4. A representative of the Public Education Community which could include, but not be limited to, a representative of the District School Board, School Board Transportation Office, or Head Start Program in areas where the School DRAFT WALTON Bylaws OCTOBER 2012 August

11 District is responsible; 5. In areas where they exist, a local representative of the Florida Division of Vocation Rehabilitation or the Division of Blind Services, representing the Department of Education; 6. A person who is recognized by the Florida Department of Veterans' Affairs as a representative of the veterans in the service area; 7. A person who represents the economically disadvantaged and is recognized by the Commission's Community Action Representative; 8. A person over sixty years of age representing the elderly in the service area; 9. A person with a disability representing the disabled in the county; 10. Two citizen advocates representatives, one who must be a person who uses the transportation services of the system as their primary means of transportation. 11. A local representative for children at risk; 12. The Chairperson or designee of the local Mass Transit or Public Transit System's Board, except in cases where they are also the Community Transportation Coordinator; 13. A local representative of the Florida Department of Elder Affairs; 14. An experienced representative of the local private for profit transportation industry. In areas where such representative is not available, a local private nonprofit representative will be appointed, except where said representative is also the Community Transportation Coordinator; 15. A local representative of the Florida Agency for Health Care Administration, Medicaid Program; and 16. A representative of the Regional Workforce Development Board established in Chapter 455, Florida Statutes. B. Technical Advisors Upon a majority vote of a quorum of the Coordinating Board, technical advisors may be approved for the purpose of providing the Coordinating Board with technical advice as necessary. C. Alternates DRAFT WALTON Bylaws OCTOBER 2012 August

12 1. Alternates are to be appointed by an agency representative. Non-agency alternates may be appointed by the DOPA. 2. Each alternate may vote only in the absence of that member on a one-vote-permember basis. 3. Alternates for a Board Member who cannot attend a meeting must represent the same interest as the member. D. Conflict of Interest In accordance with Chapter 112 (Part III), Florida Statutes, "No county, municipal, or other public office shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss, or which the officer know would inure to the special private gain or loss of a principal by whom he or she is retained, of the parent organization or subsidiary of a corporate principal which he or she is retained, of a relative, or of a business associate. The officer must publicly announce the nature of his or her interest before the vote and must file a memorandum of voting conflict on Ethics Commission Form 8B with the meeting's recording officer within 15 days after the vote occurs disclosing the nature of his or her interest in the matter." (Pages "Guide to the Sunshine Amendment and Code of Ethics", 2003). E Proxy Voting Proxy voting is not permitted. III. OFFICERS A. Chairperson B. Vice-Chairperson The DOPA shall appoint an elected official from the county which the Coordinating Board serves, to serve as the official Chairperson to preside at all Coordinating Board meetings. The Chairperson shall be appointed to serve for a two-year term or less if the individual is no longer in office; the Planning Agency shall replace or reappoint the Chairperson at the end of his or her term. The board shall hold an organizational meeting each year for the purpose of electing a Vice- Chairperson. The Vice-Chairperson shall be elected by a majority vote of a quorum of the members of the Board present and voting at the organizational meeting. The Vice- Chairperson shall serve a term of one year starting with the first meeting after the election. The annual election shall not preclude an individual member from serving in this capacity for more than one term. DRAFT WALTON Bylaws OCTOBER 2012 August

13 In the event of the Chairperson's absence, the Vice-Chairperson shall assume the duties of the Chairperson and conduct the meeting. In the event both the Chair and Vice Chair are absent, a Board member shall be nominated and approved by a majority of a quorum as Chairperson Pro Tem. IV. TERMS OF APPOINTMENT Except for the Chairperson and the state agency representatives, the members of the Board shall serve three-year terms. There are no limits to the number of terms served by any member of the Board. V. ATTENDANCE The Metropolitan Planning Organization or designated official planning agency shall review, and consider rescinding, the appointment of any member of the Board who fails to attend three consecutive meetings. The Coordinating Board shall notify the CTD if any state agency voting member or their alternate fails to attend three consecutive meetings. VI. BY-LAWS AND PARLIAMENTARY PROCEDURES The Board will conduct business using parliamentary procedures according to Robert's Rules of Order. The Board shall adopt a set of bylaws by a majority vote of a quorum of its members. A quorum is defined as 40% of the voting members of the Board. Bylaws can be amended by a simple majority of the Board. A. Bylaws Amendment Bylaws can be amended by a simple majority of the Board. VII. ADMINISTRATION A. Staff Support The DOPA shall provide the Board with staff support and resources enabling the Board to fulfill its responsibilities as set forth in Chapter , Florida Statutes. This responsibility includes providing sufficient: a. Staff to manage and oversee the operations of the Board; and b. Staff to assist in the scheduling of meetings, preparing meetings agendas and agenda packets, and other necessary administrative duties. c. Staff to provide technical assistance and training for the local coordinating board, and shall assist in monitoring the community transportation coordinator. d. Staff to provide support to at least one public hearing annually. DRAFT WALTON Bylaws OCTOBER 2012 August

14 VIII. DUTIES B. Meetings The Board shall meet at least quarterly, with a quorum of its membership, as required by Chapter , F.S., or as often as necessary in order to meet its responsibilities. All meetings, including committee meetings, will function under the "Government in the Sunshine Law." All meetings will provide an opportunity for public comments on their agenda. C. Special (or called) Meetings Special meetings may be called by the Chair to deal with important matters that may arise between regular meetings and that urgently require action by the board before the next regular meeting. Reasonable advance notice shall be at least one week prior to the meeting date. No business shall be transacted except that mentioned in the call (the notice) of the special meeting. D. Meeting Notices Staff shall give all Board members, other interested parties, and the news media reasonable advance notice of the date, time, place, general nature of the meeting, and contact person for additional information and to request accessible format for all Board meetings. Reasonable advance notice shall be at least two weeks previous to the meeting date. E. Minutes Planning Agency staff is responsible for maintaining an official set of minutes for each Board meeting. The minutes shall include an attendance roster and reflect official actions taken by the Board. Copies of all Board minutes shall be sent to the Commission, the Chairperson of the DOPA and the Board members and the CTC. A. Chapter , Florida Statutes 1. Review and approve the coordinated community transportation disadvantaged service plan, including the Memorandum of Agreement, prior to submittal to the Commission. In order to perform this duty, the Board shall review and develop recommendations concerning the MOA and coordinated community transportation disadvantaged service plan. The Board shall insure that all appropriate parties have been involved in the development of the MOA and service plan. The Board shall forward the recommended MOA and service plan to the CTD for approval. 2. Evaluate services provided in meeting the approved plan. DRAFT WALTON Bylaws OCTOBER 2012 August

15 a. The Board shall conduct an annual performance evaluation of the Community Transportation Coordinator. This evaluation shall be conducted using evaluation criteria developed by the Commission, as well as other evaluation criteria approved by the Board. The evaluation of the Community Transportation Coordinator's performance shall be both in general, and relative to specific criteria contained in the Transportation Disadvantaged Service Plan, and recommendations contained in the Commission's quality assurance reviews. b. The results of this evaluation shall be forwarded to the DOPA for its consideration as it develops its recommendation concerning the redesignation of the community transportation coordinator. The results of this evaluation and the Metropolitan Planning Organization or Designated Official Planning Agency's recommendation shall be forwarded to the Commission. 3. In cooperation with the Community Transportation Coordinator, review and provide recommendations to the Commission on funding applications affecting the transportation disadvantaged, the Board shall: a. Direct the members representing state, federal, or local government agencies to provide for Board review all applications or purchase of service requests for client services which contain funds for transportation disadvantaged services. Such funds may include expenditures for operating, capital or administrative needs. b. Review the applications for: (1) The need for the requested funds or services (2) Consistency with local government comprehensive plans (3) Coordination with local transit agencies, including the Community Transportation Coordinator (4) Whether such funds are adequately budgeted amounts for the services expected (5) Whether such funds will be spent in a manner consistent with the requirements of the coordinated transportation laws, regulation, and the Transportation Disadvantaged Service Plan. c. Notify the Commission any unresolved funding requests without delaying the application process. DRAFT WALTON Bylaws OCTOBER 2012 August

16 4. Review the coordination strategies of service provision to the transportation disadvantaged in the designated service area. 5. Evaluate multi-county or regional opportunities. 6. In carrying out 4 and 5 above, the Board is responsible for reviewing the coordination strategies of service provision to the transportation disadvantaged in the designated service area and to evaluate multi-county or regional transportation opportunities. To accomplish this, the Board shall: B. Rule (6) a. Review and develop inter and intra county agreements to improve coordination as a way to reduce costs for service delivery, maintenance, insurance, or other identified strategies. b. Seek the involvement of the private and public sector, volunteers, public transit, school districts, elected officials and others in any plan for improved service delivery. Such plans should address the honoring of adjacent service area certifications of eligibility. In addition to these duties, Rule (6) provides for additional duties as follows: 1. Review coordination strategies for transportation disadvantaged services in the area to seek innovative ways to increase ridership to a broader population by improving: a. Cost effectiveness; b. Efficiency; c. Safety; and d. Types and hours of service. These strategies should also encourage multi-county and regional transportation service agreements between each Community Transportation Coordinators and consolidation of adjacent designated service areas when it is appropriate and cost effective to do so. 2. In coordination with the Community Transportation Coordinator, jointly develop applications for funds that may become available. 3. Appoint a Grievance Subcommittee to investigate complaints, from agencies, users, or potential users, Community Transportation Coordinators, subcontractors, or other interested parties, and make recommendations to the Coordinating Board for improvement of service from agencies, users, potential users of the system, and the Community Transportation Coordinator in the designated service area. In addition to the Grievance Procedures, a grievance/complaint may be submitted to the Transportation Disadvantaged DRAFT WALTON Bylaws OCTOBER 2012 August

17 Ombudsman Program/TD Hotline at when a local resolution can t be found. The LCB s Grievance Committee shall be responsible for responding to Grievances and Appeals through the Medicaid Grievance System. A Medicaid Expedited Appeal Committee must also be established to address expedited appeals. The Expedited Appeal Committee should be at a minimum of three members, should not include more than one LCB member, and no person who was involved in the original decision on the action taken. All expedited appeals must be resolved within 72 hours of receiving the appeal request. The local Coordinating Board process should complement the Community Transportation coordinator's grievance process. Members appointed to the committee shall be voting members of the local Coordinating Board. 4. Annually, review coordination contracts to determine whether the continuation of said contract arrangement is the most cost-effective and efficient utilization that is possible. 5 All coordinating board members must be trained on and comply with the requirements of Section , Florida Statutes, concerning voting conflict of interest ( (5)9d). C. Additional Requirements 1. Assist the Community Transportation Coordinator in establishing priorities, and eligibility criteria with regard to the recipients of non-sponsored transportation disadvantaged services that are purchased with TD Trust Fund moneys. 2. In order to assist the Board in review and evaluation of the Community Transportation Coordinator, the Memorandum of Agreement and any other problems that arise, the Chairperson shall appoint Committees as needed. These Committees are empowered to meet, with the approval of the Chairperson, on a regular basis and make recommendations to the Board; and is empowered to make recommendations to the TD Commission and Board approval. 3. Annually, hold a public hearing for the purpose of receiving input on unmet needs or any other areas that relate to the local transportation services. DRAFT WALTON Bylaws OCTOBER 2012 August

18 WALTON COUNTY GRIEVANCE PROCESS August 2011 DRAFT OCTOBER 2012 As described in the in the "Local Grievance Guidelines for Transportation Disadvantaged Services" dated 6/7/93, the following Grievance process is set forth. The following details the process that the Coordinator and the Coordinating Board will use to address complaints regarding service and other transportation related matters: 1. Service complaints: Any service complaints received by the Community Transportation Coordinator (CTC) will be immediately investigated and every effort made to seek an appropriate and prompt resolution. A file will be kept on all service complaints received, and monthly reports generated that will help in identifying any emerging patterns or complaints; e.g., multiple complaints about a particular driver or reservationist, excessive late pickups, unclean vehicles, smoking or eating permitted on vehicles, etc. By promptly identifying areas of deficiency, the Coordinator will be in a position to work with local staff or with the service provider to make the necessary corrections or adjustments to alleviate the situation. A summary of service complaint statistics shall be available to the LCB upon request. 2. CTC Grievance Procedure: Any person with an unresolved service complaint shall be advised of the formal grievance procedure of the CTC and have a written copy of this grievance procedure made available to them. The CTC Grievance policy and procedures shall be included in the Transportation Disadvantaged Service Plan (TDSP). In addition to the CTC Grievance Procedures, a grievance/complaint may be submitted to the Local Coordinating Board or the Transportation Disadvantaged Commission Ombudsman Program. The formal grievance shall, at a minimum, contain a written record of the grievance and include the following: a. Name and Address of the complainant and; b. A statement of the grounds for the grievance and supplemented by supporting documentation, made in a clear and concise manner and; c. An explanation by the complainant of the improvements needed to address the complaint. All formal grievances submitted shall be mailed to: Tri-County Community Council, Inc Attention: Executive Director PO Box 1210 Bonifay, FL (850) DRAFT WALTON Grievance Policy OCTOBER 2012 August 2011

19 A summary of all formal grievances will be given by the Coordinator at the next regularly scheduled LCB meeting. A written copy of the CTC's, transportation subcontractors, and coordination contractors rider policies and grievance procedures shall be made available to anyone on request and should be included in the TDSP. The contact person and telephone number for accessing information for making a service complaint or formal grievance must be posted in plain view in every vehicle. All documents pertaining to the grievance process will be made available, upon request, in a format accessible to persons with disabilities. All formal grievances pertaining to the operation of services under the CTC shall be responded to by the CTC and a summary shall be provided to the LCB. 3. In the event a service complaint becomes a formal grievance, the Tri-County Community Council Grievance Committee shall send a copy of the grievance to the Chair of the LCB. 4. In the event that either grievance committee decision is appealed, it will be presented to the Tri- County Community Council board of directors within 10 working days of written notification that agreement by all parties has not been reached. The Tri-County Community Council Board of directors will render a response in writing to the aggrieved providing an explanation or recommendations regarding the grievance. 5. All final determination of appeals will be made by the Tri-County Community Council Board of Directors. Local Coordinating Board involvement will be for hearing purposes only and determinative powers will be left to the Tri-County Community Council Board of Directors. 6. At any time in the grievance process, a grievant may submit the grievance to the Commission for Transportation Disadvantaged Ombudsman. 7. Aggrieved parties with proper standing may also have recourse through Chapter 120, Florida Statutes, the administrative hearing process or through the judicial court system. 2 DRAFT WALTON Grievance Policy OCTOBER 2012 August 2011

20 LOCAL COORDINATING BOARD GRIEVANCE PROCESS 1. The local coordinating board grievance process is open to addressing concerns by any person or agency including, but not limited to purchasing agencies, users, potential users, private-for profit operators, private non-profit operators, CTCs, designated planning agencies, elected officials and drivers. 2. Grievances must be written and contain the following: a. The name and address of the complaintant b. A statement of the grounds for the grievance, supplemented by supporting documentation, and made in clear and concise manner c. An explanation by the complaintant of the improvements needed to address the grievance. 3. A written copy of this grievance procedure will be made available to anyone, upon request. 4. All formal grievance shall be sent to: Chair Washington County Transportation Disadvantaged Coordinating Board Attention: Transportation Disadvantaged Planning P.O. Box Pensacola, FL The Transportation Coordinating Board Grievance Committee will be called to hear the grievance and respond to the grievant in writing within 60 calendar days. The response will provide explanation or recommendations regarding the grievance. The local coordinating board has powers to hear a grievance and advise, but not to make a determination or adjudicate. 6. The grievance committee must review all grievances and report accordingly to the full local coordinating board. 7. All documents pertaining to the grievance process will be made available, upon request, in a format accessible to persons with disabilities. 8. If the local coordinating board receives a grievance pertaining to operation of services under the CTC, that grievance should be passed to the CTC for their response to be included in the local coordinating board response. 3 DRAFT WALTON Grievance Policy OCTOBER 2012 August 2011

21 MEDICAID GRIEVANCE SYSTEM Medicaid defines the process for addressing Complaints, Appeals, Grievances, and Fair Hearings as Medicaid Grievance System. The Planning Agencies and Local coordinating boards are the extension of the Commission in each locale, tasked with implementing the Transportation Disadvantaged program, including the Medicaid transportation Contract, at the local level. 1. Grievance Process Resolve each Grievance within ninety (90) Calendar Days; the planning agency/local coordinating board shall notify the customer, in writing, within thirty (30) Calendar Days of the resolution of the Grievance. 2. Notice of resolution shall include the results and date of the resolution. In addition it must include: Notice of the right and information on how to request a Medicaid Fair Hearing; Provide the Commission with a copy of the written notice of resolution upon request; 3. No punitive action will be taken against a beneficiary, physician or other Health Care Provider. The CTC/STP must provide the Commission with a report detailing the total number of Grievances received. The PA/LCB may extend the Grievance resolution time frame by up to fourteen (14) Calendar Days. 4. If the LCB/CTC/STP requests the extension, the beneficiary must be given written notice of the reason for the delay. 5. Filing Requirement The beneficiary or provider must file a Grievance, verbally or in writing, within one (1) year after the date of occurrence that initiated the Grievance. 6. Appeal Process Confirm in writing all inquiries seeking an Appeal, unless the beneficiary or provider requests an expedited resolution. If the resolution is in favor of the beneficiary, provide the services as quickly as the customer s health condition requires. A reasonable opportunity must be provided to present evidence in person or in writing. Allow the beneficiary an opportunity to examine the beneficiary s case file. The beneficiary (or rep) shall be considered parties to the Appeal. Continue the beneficiary s Transportation Services if: The beneficiary files the Appeal in a timely manner, meaning on or before the later of the following: Within ten (10) Business Days of the date on the notice of Action (add five [5] Business Days if the notice is sent via Surface Mail); or The intended effective date of the CTC/STP proposed Action The Appeal involves the termination, suspension, or reduction of a previously 4 DRAFT WALTON Grievance Policy OCTOBER 2012 August 2011

22 authorized Transportation service; The Transportation was for a Medicaid compensable service ordered; The authorization period has not expired; and/or The Medicaid Beneficiary requests extension of Transportation Services. 7. Provide written notice of the resolution of the Appeal, including the results and date of the resolution within two (2) Business Days after the resolution. For decisions not wholly in the customer s favor, the notice of resolution shall include: Notice of the right to request a Medicaid Fair Hearing; Information about how to request a Medicaid Fair Hearing, including the DCF address necessary for pursuing a Medicaid Fair Hearing; Notice of the right to continue to receive Transportation Services pending a Medicaid Fair Hearing; Information about how to request the continuation of Transportation Services; and Notice that if the CTC/STP Action is upheld in a Medicaid Fair Hearing, the customer may be liable for the cost of any continued Transportation Services. Provide the Commission with a copy of the written notice of disposition upon request. No punitive action will be taken against a beneficiary, physician or other Health Care Provider. Provide the Commission with a report detailing the total number of Appeals received. If the CTC/STP continues or reinstates the beneficiary s Transportation Services while the Appeal is pending, the CTC/STP must continue providing the Transportation Services until one (1) of the following occurs: The beneficiary withdraws the Appeal; Ten (10) Business Days pass from the date of the STP s notice of resolution of the Appeal if the resolution is adverse to the customer and if the customer has not requested a Medicaid Fair Hearing with continuation of Transportation Services until a Medicaid Fair Hearing decision is reached; The Medicaid Fair Hearing panel s decision is adverse to the beneficiary; or The authorization to provide services expires, or the beneficiary meets the authorized service limits. If the final resolution of the Appeal is adverse to the beneficiary, the CTC/STP may recover the costs of the services furnished from the beneficiary while the Appeal was pending, to the extent that the CTC/STP furnished the services solely because of the requirements of this Section. If the CTC/STP did not furnish services while the Appeal was pending and the Appeal panel reverses the CTC/STP decision to deny, limit or delay services, the CTC/STP must authorize or provide the disputed services promptly and as quickly as the beneficiary s health condition requires. If the CTC/STP furnished services while the Appeal was pending and the Appeal panel reverses the CTC/STP decision to deny, limit or delay services, the CTC/STP must pay for disputed services in accordance with State policy and regulations. 8. Filing Requirements The beneficiary must file an Appeal within thirty (30) Calendar Days of receipt of the notice of the CTC/STP s Action. 5 DRAFT WALTON Grievance Policy OCTOBER 2012 August 2011

23 The beneficiary may file an Appeal either verbally or in writing. If the filing is verbal, the beneficiary must also file a written, signed Appeal within thirty (30) Calendar Days of the verbal filing. The CTC/STP shall notify the requesting party that it must file the written request within ten (10) Business Days after receipt of the verbal request. For verbal filings, time frames for resolution of the Appeal begin on the date the CTC/STP receives the verbal filing. The PA/LCB shall resolve each Appeal not to exceed forty-five (45) Calendar Days from the day the PA/LCB received the initial Appeal request. If the resolution is in favor of the beneficiary, the CTC/STP shall provide the services as quickly as the beneficiary s health condition requires. The PA/LCB may extend the resolution time frames by up to fourteen (14) Calendar Days if the beneficiary requests an extension, or the PA/LCB documents that there is a need for additional information and that the delay is in the beneficiary s best interest. If the PA/LCB requests the extension, the PA/LCB must give the beneficiary written notice of the reason for the delay. The PA/LCB must provide written notice of the extension to the beneficiary within five (5) Business Days of determining the need for an extension. 9 Expedited Appeal Process The PA/LCB shall establish and maintain an expedited review process for Appeals when the CTC/STP determines, the beneficiary requests or the provider indicates (in making the request on the beneficiary s behalf or supporting the beneficiary s request) that taking the time for a standard resolution could seriously jeopardize the beneficiary s life, health or ability to attain, maintain or regain maximum function. The beneficiary may file an expedited Appeal either verbally or in writing. CTC/STP must inform the beneficiary of the limited time available for the beneficiary to present evidence and allegations of fact or law, in person and in writing; Expedited Appeal must be resolved within seventy-two (72) hours after the CTC/STP receives the Appeal request; Provide written notice of the resolution to the beneficiary; Make reasonable efforts to provide verbal notice of disposition/ resolution to the beneficiary immediately after the Appeal panel renders a decision; and No punitive action will be taken against a beneficiary, physician or other Health Care Provider. If the CTC/STP denies a request for an expedited resolution of an Appeal, the CTC/STP must: Transfer the Appeal to the standard time frame of no longer than forty-five (45) Calendar Days from the day the CTC/STP received the request for Appeal (with a possible fourteen [14] day extension); Make reasonable efforts to provide immediate verbal notification of the CTC/STP denial for expedited resolution of the Appeal; Provide written notice of the denial of the expedited Appeal within two (2) Calendar Days; and Fulfill all requirements set forth in the Appeal Process. 6 DRAFT WALTON Grievance Policy OCTOBER 2012 August 2011

24 9. Expedited Appeal Committee Recommendations for Members One LCB Member Planning Agency Staff Representative CTC/STP Staff that was not involved in initial action. Things to Consider Committee Members cannot have been involved in the decision to take action. Committee Members need to have all background information. Committee Members must be able to meet and make a decision within 72 hours. Two LCB Members cannot be on Exp. Appeal Committee due to Sunshine Law restrictions on meeting notice timeframes. Medicaid Grievance System Definitions: Complaint process How concerns regarding quality of service are addressed locally. (i.e. late pick-ups, driver concerns, vehicle condition) Grievance process How quality of service complaints that are unresolved to the satisfaction of the customer are addressed locally. Action Some form of reduction, limit, or denial of transportation services by CTC/STP. Appeal process The local procedure for addressing customer s concerns regarding actions that have been taken. Medicaid Fair Hearing process The administrative process which allows a Medicaid Beneficiary to request the State to reconsider an adverse decision made by the CTC/STP. 7 DRAFT WALTON Grievance Policy OCTOBER 2012 August 2011

25 COMMISSION FOR TRANSPORTATION DISADVANTAGED OMBUDSMAN PROCESS 1. The Commission for Transportation Disadvantaged maintains a toll free number for access to Ombudsman Staff. The toll free number is available Monday through Friday, 8:00 am to 5:00 pm, Eastern Time. 2. The Ombudsman staff will intake calls, listen to and document concerns of consumers, provide callers with information, refer callers to appropriate local area, and maintain a data base on information for callers. 3. All concerns regarding local Transportation Disadvantaged services will be referred to the appropriate staff for follow-up. 4. Ombudsman staff assist callers in resolving concerns by acting as an advocate or mediator on the callers behalf. Definitions: a. Service Complaint: Service complaints are routine incidents that occur on a daily basis, are reported to the driver or dispatcher, or to other individuals involved with the daily operations, and are resolved within the course of a reasonable time period suitable to the complainant. Local service complaints are driven by the inability of the CTC or transportation operators, not local service standards established by the CTC and LCB. If the CTC is also an operator, their statistics on service complaints should be included. Local standards should be developed regarding the reporting and parameters of service complaints. b. Formal Grievance: A formal grievance is a written complaint to document any concerns or an unresolved service complaint regarding the operation or administration of Transportation Disadvantaged services by the Transportation Operator, CTC, Planning Agency, or Local Coordinating Board. The Grievant, in their formal complaint, should demonstrate or establish their concerns as clearly as possible. c. Hearing a Grievance: Hearing a grievance shall be defined as listening to and\or investigating a grievance from a purely fact finding perspective without imposing restrictions or penalty on a third party. This first definition shall be the extent of the Local Coordinating Board Grievance Committee s and the Commission s Ombudsman s role in mediating a grievance. c. Hearing and Determining a Grievance: When an entity makes a determination of the rights, duties, privileges benefits, or legal relationships of a specified person or persons, it is exercising "adjudicative" or "determinative" powers. This second definition shall be the role of the CTC's organization ultimately ending with the Board of Directors, or whoever is legally responsible for the actions of the CTC. 8 DRAFT WALTON Grievance Policy OCTOBER 2012 August 2011

26 AGENDA ITEM III-B SUBJECT: CTC Evaluation/TDSP Committee BACKGROUND: The planning agency and the local coordinating board conducted the annual evaluation of the Community Transportation Coordinator (CTC), as required by Florida Administrative Code (5) (b). The Evaluation Committee will also review the TDSP as part of the process. The planning agency staff, a committee of board members, and the Community Transportation Coordinator (CTC) jointly develop the Transportation Disadvantaged Service Plan (TDSP) every five years and a Minor Update is completed annually, as required by Rule (4), Florida Administrative Code. Several Federal Transit Administration (FTA) grants now require Human Services Coordinated Transportation Plans. The TDSP will serve as the Human Services Coordinated Transportation Plan for Walton County. Services approved for funding must be identified in the TDSP as a need and included in the goals and objectives. Board members are asked to volunteer to serve on this committee. REQUESTED ACTION: A motion and vote to appoint the CTC Evaluation/TDSP Committee.

27 AGENDA ITEM III-C SUBJECT: Community Transportation Coordinator Report BACKGROUND: As required by Chapter 427, Florida Statutes, Rule (5)(e) Florida Administrative Code, the Local Coordinating Board shall on a continuing basis evaluate services provided by the Community Transportation Coordinator (CTC) and seek innovative ways to improve cost-effectiveness, efficiency, and safety. In order to fulfill this requirement the board has requested that the CTC provide a quarterly summary of coordination activities and a financial report of sponsored and non-sponsored trip costs in Walton County. Reports of payments to operators will also be included. Because this meeting is scheduled earlier than usual, the report is not be available for the October meeting and will be included in the February 2013 agenda. REQUESTED ACTION: For Information.

28 County: Walton Demographics Number Percentage CTC: Tri-County Community Council, Inc. Total County Population / Contact: Joel Paul Percent of State Total % 302 North Oklahoma Street, Post Office Box Potential TD Population / Bonifay, FL Percent of CountyTotal % UDPHC / Percent of TD joelpaul.tccc@mchi.com Passengers Served 1, % Trips By Type of Service % Change Vehicle Data % Change Fixed Route (FR) - - NA Vehicle Miles 754, , % Deviated FR - - NA Revenue Miles 635, , % Ambulatory 53,568 53, % Roadcalls % Non-Ambulatory 6,433 6, % Accidents % Stretcher % Vehicles % School Board - - NA Driver Hours 28,816 28, % TOTAL TRIPS 60,242 59, % Passenger Trips By Trip Purpose Financial and General Data Medical 21,687 21, % Expenses $765,313 $823, % Employment 10,241 10, % Revenues $873,971 $929, % Ed/Train/DayCare 19,879 19, % Commendations % Nutritional 3,616 3, % Complaints - - NA Life-Sustaining/Other 4,819 4, % Passenger No-Shows % TOTAL TRIPS 60,242 59, % Unmet Trip Requests % Passenger Trips By Funding Source Performance Measures CTD 20,312 22, % Accidents per 100,000 Miles % AHCA 13,348 13, % Miles between Roadcalls 377, , % APD 7,888 5, % Avg. Trips per Driver Hour % DOEA 4,272 4, % Avg. Trips per Para Pass % DOE % Cost per Trip $12.70 $ % Other 14,208 13, % Cost per Paratransit Trip $12.70 $ % TOTAL TRIPS 60,242 59, % Cost per Driver Hour $26.56 $ % Cost per Total Mile $1.01 $ %

29 AGENDA ITEM III-D SUBJECT: Transportation Planning Organization Quarterly Report BACKGROUND: The designated planning agency is to report to the Board quarterly on planning grant tasks that were completed during the past quarter. The quarterly report is enclosed for board review. REQUESTED ACTION: For Information.

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