CTD Advisor/State agency training session

1. CTD Advisor/State agency training session Hilton located in the Walt Disney World Resort Room: International Ballroom South 1751 Hotel Plaza Boulevard Lake Buena Vista, FL

2. Welcome and Overview Discussion of new Changes to Chapter 427, F.S. Review of TDSP Rates Review of the Alternative Provider Procedure Public Comments Lisa Bacot Lisa Bacot Karen Somerset Karen Somerset Public Discussion of New Legislative Budget Requirement Bobby Jernigan Agenda CTD Advisor/State Agency Training Agenda

3. Discussion of New Changes to chapter 427, F.S. Lisa M. Bacot, Executive Director 850.410.5711 Lisa.bacot@dot.state.fl.us

4. 2008 Legislative Changes Discussion of New Changes to chapter 427, F.S. House Bill 1175 Representative Julio Robaina (R.- Miami) and cosponsored in the Senate by Senator Michael Fasano (R.- New Port Richey) Passed Senate on 4/28/08 Passed House on 5/01/08 Signed by Governor on 6/17/08 The bill streamlines Part I of Chapter 427, F.S., which outlines how the Commission for the Transportation Disadvantaged (Commission) and the Transportation Disadvantaged Program in Florida operates.

5. 2008 Legislative Changes Discussion of New Changes to chapter 427, F.S. • New Provisions/Updates: • Ensures the Medicaid law is consistent with Chapter 427. (s. 409.908[18]- page 4-5, s. 427.0135[3]- page 9 of the bill) • Revises “Purchasing Agency” definition to be inclusive of all agencies that purchase transportation disadvantaged services. (s. 427.011[8]- page 5) • Deletes the Annual Budget Estimate requirement. (s. 427.011[12]- page 5, s. 427.013[14]- page 8, s. 427.015[3]- page 11, s. 427.016[2]- page 15) • Changes the quorum of the Commission to a simple majority/four members. (s. 427.012[4]- page 6) • Clarifies purchasing agency procedures/guidelines/directives to be conducive to the coordination of transportation services. (427.013[7]- page 6, s. 427.0135[7]- page 10)

6. 2008 Legislative Changes Discussion of New Changes to chapter 427, F.S. • New Provisions/Updates: • Clarifies a purchasing agency can use a local alternative provider if the provider meets comparable quality and standards of the coordinated system at a lower cost. (s. 427.013[8a][8b]- pages 6-7, s. 427.0135[1][2][3]- page 9, s. 427.016[1b]- page 15) • Clarifies the statewide negotiation process with the Commission. (s. 427.013[8b][9]- pages 7, s. 427.0135[1][2][3]- pages 8-9, s. 427.016[1b]- page 15) • Allows the Commission to incur expenses for the purchasing of marketing and promotional items. (s. 427.013[29]- page 8) • Requires purchasing agencies to pay the rates established in the TDSP. (s. 427.0135[2]- page 9)

7. 2008 Legislative Changes Discussion of New Changes to chapter 427, F.S. • New Provisions/Updates: • Requires purchasing agencies to annually provide in the legislative budget request to the Governor how much money they will allocate to transportation disadvantaged services. (s. 427.0135[4]- page 10 , s. 427.016[2]- page 15) • Adds that the local coordinating board assist the community transportation coordinator with the establishment of eligibility guidelines. (s. 427.0155[7]- page 12, s. 427.0157[4]- page 12) • Deletes the School Board and Public Transit reports, only upon request of the CTC. (s. 427.0158[2][3]- pages 13-14) • Allows purchasing agencies to deposit funds into the trust fund for the Commission to implement their non-emergency transportation programs. (s. 427.0159[4]- page 14)

8. Discussion of New Legislative Budget Request Requirement Bobby Jernigan, Assistant Director, Finance and Administration 850.410.5706 Bobby.jernigan@dot.state.fl.us

9. LBR Requirement Discussion of New LBR Requirement New Florida Law: Requires purchasing agencies to annually provide in the legislative budget request to the Governor how much money they will allocate to transportation disadvantaged services. (s. 427.0135[4]- page 10 , s. 427.016[2]- page 15) New law was signed at the beginning of the 2008/2009 fiscal year. It requires all state agencies to “identify in the legislative budget request provided to the Governor each year for the General Appropriations Act the specific amount of money the purchasing agency will allocate to provide transportation disadvantaged services.” (s.427.0135(4)) Transportation disadvantaged is defined in statute 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 s. 411.202.” (s. 427.011(1))

10. LBR Requirement Discussion of New LBR Requirement Estimating your Budget: The Commission has incorporated the use of Rate Calculation tool for providers to use in determining the fully allocated cost of transportation services. We recommend using this cost information in your budgeting process. Your level of budget could be determined by reviewing the anticipated volume of transportation services needs and multiply that number by the average fully allocated cost. Another major factor that can not be overlooked will be the Revenue Estimating Conference results. The current trend does not look very promising, however, it will help your agency in allocating funds appropriately. The cost information can be made available to you from the Commission for the Transportation Disadvantaged.

11. LBR Requirement Discussion of New LBR Requirement Due date for submitting LBR to the Governor / Legislature: All agencies are required to submit their LBR to the Office of Governor by mid October. Your budget request for fiscal year 2009/2010 is required to have this itemization of your budget. There is still time to work with your budget office to ensure your agency is compliant with Florida Statute. You may need to draft or complete specific budget issue request forms and language. Again, your budget office will be key to helping you.

12. LBR Requirement Discussion of New LBR Requirement Actual Expenditure Report: All agencies are required to submit a report to the Commission on the actual expenses incurred relating to transportation disadvantaged services. This report is due September 15, 2008. As you work on you budget request it may benefit your agency to review this report as a guide in estimating future needs.

13. Discussion of TDSP Rates Karen Somerset, Assistant Director of Program Administration 850.410.5701 Karen.somerset@dot.state.fl.us

14. TDSP Rates Discussion of TDSP Rates New Florida Law: Requires purchasing agencies to pay the rates established in the TDSP. (s. 427.0135[2]- page 9) The Commission enters into a Memorandum of Agreement with the CTC . The agreement is required and is a binding state contract for transportation disadvantaged services purchased with federal, state or local government transportation disadvantaged funds. It shall be utilized as the contract recognizing the CTC as a state contract vendor that is responsible for the arrangement of the provision of transportation services for a designated service area. As part of the MOA, the CTC, planning agency and LCB must also submit a Transportation Disadvantaged Service Plan. This plan includes a section that describe the rate structure the coordinated system will use.

15. TDSP Rates Discussion of TDSP Rates The Commission has established the Rate Calculation Model, a standard process for the development of rates for transportation services that are arranged or provided by the CTC. The rates the CTC will begin negotiations are based upon the Fully Allocated Cost to provide services. It is the intent that the model be used to develop a rate for all purchasing agencies, except fixed route bus passes. When completing the Rate Model Worksheets, the CTC includes all revenues, expenses and associated level of service that will be provided.  The Rate Calculation Model Worksheets and Rates for Services should be reviewed and updated annually. The Rate Calculation Model allows for annual changes to occur based on changes to the level of service, expenditures and revenues.

16. Review of the Alternative Provider Procedure Karen Somerset, Assistant Director of Program Administration 850.410.5701 Karen.somerset@dot.state.fl.us

17. Alternative Provider Procedure Review of the Alternative Provider Procedure • Updated Florida Law: Clarifies a purchasing agency can use a local alternative provider if the provider meets comparable quality and standards of the coordinated system at a lower cost. (s. 427.013[8a][8b]- pages 6-7, s. 427.0135[1][2][3]- page 9, s. 427.016[1b]- page 15). • Procedure for Member Department/Purchasing Agency Utilization of Alternative Providers was approved by Commission March 2004 • Step by Step Procedure • Forms • Flowchart

18. Alternative Provider Procedure Review of the Alternative Provider Procedure • Commission Duties as Required by Statute: • Develop policies and procedures for coordination of, federal, state and, local government funding for the transportation disadvantaged. (427.013(3), FS) • Assure all member departments/purchasing agencies procedures, guidelines, and directives are conducive to coordination of transportation services, unless otherwise provided by state or federal law. (427.013(7), FS) • Ensure that purchasing agencies purchase all trips within the coordinated system, unless they have fulfilled the requirements of s. 427.0135(3) and use a more cost-effective alternative provider that meets comparable quality and standards. (427.013(8)(a), FS)

19. Alternative Provider Procedure Review of the Alternative Provider Procedure • Commission Duties as Required by Statute (continued): • Unless the purchasing agency has negotiated with the commission pursuant to the requirements of s. 427.0135(3), provide, by rule, criteria and procedures for purchasing agencies to use if they wish to use an alternative provider. Agencies must demonstrate that the proposed alternative provider can provide a trip of comparable quality and standards for the clients at a lower cost than that provided within the coordinated system, or that the coordinated system cannot accommodate the agency's clients. (427.013(8)(b), FS)

20. Alternative Provider Procedure Review of the Alternative Provider Procedure • Purchasing Agencies Duties as Required by Statute: • Use the coordinated transportation system for provision of services to its clients, unless each department or purchasing agency meets the criteria outlined in rule or statute to use an alternative provider. (427.0135(1), FS) • Pay the rates established in the service plan or negotiated statewide contract, unless the purchasing agency has completed the procedure for using an alternative provider and demonstrated that a proposed alternative provider can provide a more cost-effective transportation service of comparable quality and standards or unless the agency has satisfied the requirements of subsection (3). (427.0135(2), FS) • Not procure transportation disadvantaged services without initially negotiating with the commission, as provided in s. 287.057(5)(f)13., or unless otherwise authorized by statute. If the purchasing agency, after consultation with the commission, determines that it cannot reach mutually acceptable contract terms with the commission, the purchasing agency may contract for the same transportation services provided in a more cost-effective manner and of comparable or higher quality and standards. The Medicaid agency shall implement this subsection in a manner consistent with s. 409.908(18) and as otherwise limited or directed by the General Appropriations Act. (427.0135(3), FS)

21. Alternative Provider Procedure Review of the Alternative Provider Procedure All transportation disadvantaged funds expended within the state shall be expended to purchase transportation services from community transportation coordinators or public, private, or private nonprofit transportation operators within the coordinated transportation system, except when the rates charged by proposed alternate operators are proven, pursuant to rules generated by the Commission for the Transportation Disadvantaged, to be more cost-effective and are not a risk to the public health, safety, or welfare. However, in areas where transportation suited to the unique needs of a transportation disadvantaged person cannot be purchased through the coordinated system, or where the agency has met the rule criteria for using an alternative provider, the service may be contracted for directly by the appropriate agency. (427.016, FS)

22. Alternative Provider Procedure Review of the Alternative Provider Procedure • All transportation disadvantaged funds expended within the state shall be expended to purchase transportation services from community transportation coordinators or transportation operators within the coordinated transportation system, except: • Exceptions Based On The Unique And Diverse Needs Of A Transportation Disadvantaged Person • Exceptions Based On The Community Transportation Coordinator’s Service Unavailability • Exceptions Based On Utilization Of A Proposed Alternative Provider At A Lower Cost

23. Alternative Provider Procedure Review of the Alternative Provider Procedure • Exceptions Based On The Unique And Diverse Needs Of A Transportation Disadvantaged Person: • Privately owned vehicle of an agency volunteer or employee. • State owned vehicles. • Privately owned vehicle of a family member or custodian. • Common carriers, such as commercial airlines or bus. • Emergency medical vehicles. • Purchasing Agency does not need CTC approval when utilizing exceptions based on the unique and diverse needs of an individual. No forms need to be completed.

24. Alternative Provider Procedure Review of the Alternative Provider Procedure • Exceptions Based On The Community Transportation Coordinator’s Service Unavailability. • CTC unable to provide the needed services because: •  system does not go to the destination requested, • system may not operate during the time service is needed, • system does not have the resources to provide the needed service, etc. • Purchasing Agency: • may use other mode of transportation • shall ensure that the other mode of transportation is not a possible risk to the public health, safety or welfare of the transportation disadvantaged person •  develop their own methods for identifying an entity that would qualify as an alternative provider. • The other mode of transportation will be referred to as an alternative provider.

25. Alternative Provider Procedure Review of the Alternative Provider Procedure • Purchasing agency shall complete the: • Commission for the Transportation Disadvantaged Member Department/Purchasing Agency Record of Community Transportation Coordinator Service UnavailabilityForm. • Copies must be sent within 10 days to: •  CTC • LCB Staff • Agency representative serving on the Commission for the Transportation Disadvantaged. • Commission for the Transportation Disadvantaged Staff • Member department/purchasing agency may proceed with arrangement of transportation services with alternative provider that is not a risk to the public health, safety, and welfare of the transportation disadvantaged person.

26. Alternative Provider Procedure Review of the Alternative Provider Procedure • Exceptions Based On Utilization Of A Proposed Alternative Provider At A Lower Cost • Purchasing agencies must demonstrate that the proposed alternate provider can provide a trip of acceptable quality for the clients at a lower cost than that provided within the coordinated system. • The local office of the member department/purchasing agency shall work with the CTC and Alternate Provider to complete the: • Safety/Quality of Service Comparison Form • Member Department/Purchasing Agency Alternative Provider Cost Comparison Form. Section I • Forms must be sent within 10 working days to: • CTC • LCB staff

27. Alternative Provider Procedure Review of the Alternative Provider Procedure • CTC shall request a meeting with the purchasing agency within 10 working days. • At the meeting, it should be determined if:   • An agreement between the purchasing agency and the community transportation coordinator can be made and the trips can be provided or arranged through the community transportation coordinator. • The proposed alternative provider can be incorporated into the coordinated system and a transportation operator/coordination contract can be signed between the community transportation coordinator and the proposed alternate provider. • The proposed alternative provider can provide transportation services at a lower cost and meet the same standards as the coordinated system and cannot be incorporated into the coordinated system.

28. Alternative Provider Procedure Review of the Alternative Provider Procedure If Trips can be provided in the Coordinated System or if the Proposed alternative provider can be incorporated into the coordinated system then, CTC will provide the trips, or the alternative provider will sign a transportation operator/coordination contract with the CTC. The CTC will be charged with monitoring the provider and submit quarterly operating reports to the LCB. If trips cannot be provided within the coordinated system then, Purchasing agency must complete Section II of the Cost Comparison Form and submit completed forms within 10 days to the CTC, LCB Staff, Purchasing Agency Rep. on CTD, and CTD. The purchasing agency will monitor the alternative provider and submit quarterly operating reports to LCB.

29. Alternative Provider Procedure Review of the Alternative Provider Procedure • ANNUAL CERTIFICATION PROCESS • Annually, the purchasing agency must contact the CTC to request that transportation services be incorporated into the coordinated system. Should the CTC be unable to provide services within the coordinated system, the member department/purchasing agency shall complete the Member Department/Purchasing Agency Annual Certification Process of the use of an Alternative Provider. • The member department/purchasing agency shall submit a copy of all sections of the Member Department /Purchasing Agency Annual Certification Process of the use of an Alternative Provider Form and a copy of the most recent monitoring report to: •  CTC • LCB staff • Representative serving on the Commission for the Transportation Disadvantaged • Commission for the Transportation Disadvantaged Staff

30. Alternative Provider Procedure Review of the Alternative Provider Procedure • UNRESOLVED LOCAL INSTANCES: • In situations where instances are not resolved, any party may request intervention by the Commission for the Transportation Disadvantaged. The request must be submitted in writing to the Commission for the Transportation Disadvantaged at 605 Suwannee Street, MS 49, Tallahassee, FL 32399-0450

31. Alternative Provider Procedure Review of the Alternative Provider Procedure

32. Public Comments