ADA Paratransit Spanish Speaking Appeals Hearing Officer

THIS IS A CONTRACT POSITION, ANY PERSON/FIRM SELECTED WILL NOT BE AN EMPLOYEE OF THE RTC.   CANDIDATES CANNOT HAVE ANY CONFLICTS OF INTEREST WITH RTC CONTRACTORS OR ANY CITY/COUNTY MEMBER ENTITY.

DEFINITION

Be familiar with the eligibility criteria for ADA Paratransit services as defined by the Federal Transit Administration 49CFR37 Subpart F. Provide availability to conduct appeals monthly based on the number of approved hearing officers and demand. Individually review each appellant’s eligibility determination and reason for appealing. Please refer to the specific scope of work below.

NOTE: Hearing officer schedule will be based on the number of approved hearing officers and requested appeals.

Duties and Responsibilities 
     

1. Review eligibility determinations requested by applicants.
2. Be available to hear appeals from applicants based on agreed schedule.
3. Review and hear appeals in order to render a decision according to the guidelines of the FTA 49CFR37 Subpart F.
4. Provide digital and written documentation for each appeal evaluation, regular billing statement, and monthly and annually activity summary reports as outlined in the agreement.
5. Stay current on all regulations and laws related to ADA Paratransit eligibility.
6. Provide services in Spanish.

Minimum Requirements: 3 years’ experience working as an Occupational and/or Physical Therapist preferably working with the disabled community. Written and verbal Spanish speaking fluency required.

Required Licenses & Certifications: Must possess and maintain a valid Class C driver’s license at time of application.  Must possess and maintain Nevada license as Occupational and/or Physical Therapist. These certifications must be provided at time of application.

 Background Investigation:   All contractors of the RTC are required to pay for and obtain a comprehensive education/experience background investigation and a criminal history record check.

Required Knowledge and Skills: 
Knowledge of:

• The Federal Regulations for ADA complementary paratransit guidelines as defined by the FTA 49CFR37 Subpart F.
• Different types of disabilities, functional characteristics of persons with various disabilities, interaction of environmental conditions with disabilities and sensitivity issues.
• Local fixed-route transportation services and the skills needed to successfully use local services.
• RTC and the written policies and procedures related to the service, particularly those included in the RTC Paratransit Eligibility Process
• Effective strategies for conducting and documenting formal appeal hearings
• Pertinent Federal, State, and local laws, codes, and regulations and their past applications related to Paratransit eligibility
• State and federal law governing or affecting the RTC ADA Transit services;
• All pertinent privacy requirements not limited to HIPAA
• Interpret and make decisions in accordance with laws, regulations, and policies that govern Paratransit Eligibility.
• Prepare clear and concise determinations based on facts and data provided at the hearing
• Conduct research on different diagnosis and their impact on functional ability
• Present well in an appear hearing setting; respectfully interact with staff and appellant and maintain effective working relationships with those contacted in the course of work.
• Communicate effectively both verbally and in writing with individuals from various socioeconomic, ethnic, and culturally diverse backgrounds.

    
Working Conditions and Physical Effort
Mobility to work in a typical office setting and vision to read printed materials, and hearing and speech to communicate in person or over the telephone. Speak in a clear and comprehensible manner. Hear and respond to questions posed. Accommodation may be made for some of these physical demands for otherwise qualified individuals who require and request such accommodation. 

This job description is intended to describe the general nature and level of work expected of this position.  This description is not intended to be construed as an exhaustive listing or description of all responsibilities, duties and skills required of incumbents in the job.

I. OVERVIEW
The Regional Transportation Commission of Southern Nevada (RTC) to comply with requirements of the Americans with Disabilities Act of 1990 (ADA) developed its ADA Paratransit service.  The ADA requires public transit agencies that provide fixed route services (e.g., agencies responsible for providing bus service to the public) also provide paratransit service to individuals who, due to disability-related limitations, are unable to access fixed route services. 

The U.S. Department of Transportation promulgated regulations to implement the eligibility requirements for ADA Paratransit services and those regulations are set out in Title 49 of the Code of Federal Regulations (CFR), Part 37, Subpart F.  Pursuant to those regulations, ADA Paratransit eligibility is intended to be limited to individuals who, due to disability-related conditions, are essentially prevented from traveling to or from a bus stop, getting on or off an accessible fixed route bus, or navigating a public transit system (e.g., lacking the cognitive ability to understand where to get on or off a public transit bus or the ability to transfer between two bus routes).  Merely having a disability does not render an applicant eligible for ADA Paratransit, an eligible applicant must be functionally unable to access fixed route transit. 

II. BACKGROUND
In enacting the ADA, Congress acknowledged access to public transit as a civil right to be shared by individuals with disabilities comparable to the access afforded to the public.  Transportation is vital to everyone’s life. Without it, a person may not be able to get to work, a shopping center, or social activities.  The ADA significantly broadened access to public transit.    For many in the community of people with disabilities, the traditional public transportation system is unusable for a variety of reasons. The needs of those individuals, however, are not diminished.   Consistent with the ADA and the implementing regulations, RTC ADA Paratransit service helps bridge the gaps when an individual’s functional ability prevents him or her from using public fixed route transit. 

RTC’s ADA obligations include ensuring that its fixed route vehicles are accessible, including to passengers who use wheelchairs and other types of mobility devices.  For those individuals who are prevented from accessing fixed route buses, RTC operates an ADA Paratransit system within a defined service area (measured from the footprint of the fixed route bus routes), during hours comparable to the fixed route service, with controlled fares, and with a prescribed reservation system.  Because the U.S. Department of Transportation’s regulations expressly prohibit public transit agencies from denying ADA Paratransit rides to eligible passengers so long as those passengers are requesting rides within the regulatory parameters, the regulations strictly limit ADA Paratransit eligibility to individuals who are functionally unable to take the requested rides on fixed route transit.   

III. ELIGIBILITY PROCESS
The U.S. Department of Transportation’s regulations set out a process for determining ADA Paratransit eligibility.  That process includes a determination by the public transit agency and a right of the applicant to appeal that determination if the determination denies or restricts eligibility.

RTC makes ADA Paratransit eligibility determinations through its Certification Department. ADA Paratransit eligibility, when granted, falls in three general categories: 
    • Unrestricted - the individual is eligible to use RTC ADA Paratransit service for any trip that corresponds to a similar trip on a fixed route bus
    • Restricted - the individual is eligible to use RTC ADA Paratransit service only for those trips that are determined eligible
    • Temporary - the individual  is eligible for any trip  for a specified time period not to exceed 12 months

To assist RTC in this undertaking, RTC utilizes RTC Paratransit Mobility Analyst trained to evaluate functional ability.  As outlined more extensively below, these analysts assist by conducting physical or cognitive evaluations of applicants when eligibility is not obvious through the RTC Eligibility Department’s ADA Paratransit Application or intake interviews.  Applicants found eligible for RTC ADA Paratransit service are provided written notice of eligibility and (if a photo is available) a photo ADA identification card along with instructions on how to use the RTC services.  That written notice identifies any restrictions on eligibility and indicates the period of eligibility, which is usually three years for eligibility determinations that are not temporary. Applicants found not eligible are provided written documentation explaining the specific reasons they were ineligible for ADA Paratransit service and information on other transit options.   RTC provides information on how to appeal decisions for both applicants who have been denied eligibility and those who have been given restricted (conditional or temporary) eligibility. 

RTC’s eligibility process requires that all applicants, at least for initial determinations, supply an ADA Paratransit Application.  The application consist of a series of questions about the applicant’s mobility, travel skills, current health condition, and daily living activities.  A qualified and trained Eligibility Technician reviews the application to determine whether an immediate eligibility decision will be made or if the applicant needs to have an interview or functional assessment to make an accurate decision.   

An immediate eligibility decision at the application level occurs when the Eligibility Technician sufficiently identifies barriers the applicant faces based on their reported condition/disability and its effects on functionality as it pertains to riding the fixed route service.  The Eligibility Technician can then determine if the applicant will have unrestricted, restricted or temporary eligibility.  

If the Eligibility Technician recommends the applicant participate in a face-to-face interview, questions will focus on:  
    • Current diagnosis and treatment plan
    • Basic transit passenger skills
    • The ability to get to and from a fixed route bus stop
    • The ability to get on and off an accessible (wheelchair lift or ramp-equipped) bus
    • The ability to navigate the system (e.g., where to get on, off or transfer)

If the Eligibility Technician recommends the applicant to participate in additional physical or cognitive testing, that in-person assessment includes:  
    • Questions and answers regarding the applicant’s functional abilities
    • Noninvasive functional testing
    • Observation of the applicant’s abilities
    • Knowledge of the effect of disabilities and medications on applicant’s ability to function

Following the eligibility process, the RTC renders a final eligibility determination and commits that decision to the written letter it sends to the applicant. 

IV. ELIGIBILITY APPEALS PROCESS
As previously noted, the U.S. Department of Transportation’s regulations require that public transit agencies establish an eligibility appeals process to permit applicants to appeal any adverse decision pertaining to eligibility including restrictions, temporary eligibility, or denial of service. To appeal, an applicant merely submits a written appeal request to the RTC Certification Department. Although encouraged to provide a basis for the appeal, by regulations, the applicants are not required to give a basis for the appeal.  The RTC Certification Department then forwards copies of the appeals request, the appellant’s initial evaluation and other pertinent information to an appropriate Appeals Officer.  The RTC Certification Department schedules a hearing appointment with the appellant based on the available schedule of the Appeals Officer.  If needed or requested, RTC ADA Paratransit will provide the appellant transportation to and from the location of the appeal appointment.  

Appeals determinations must involve review of documentation provided for functional skills testing, interview of the appellant, review of written and oral evidence submitted by the appellant and review of the initial evaluation.  The appeal hearing includes review with the appellant, the results of the assessment, medical documentation on file and determination of eligibility and observations made by the appeal officer.  Upon the hearing's completion, the evaluation report, eligibility appeals determination, and all accompanying paperwork are forwarded to the RTC Certification Department.  The RTC Certification Department then informs the appellant of the appeal determination, and options to further appeal.  (Generally, further appeals, when made, are made to the Federal Transit Administration).  

The appeals process described above provides a fair and thorough method for evaluating appellants and an efficient, cost-effective process for meeting RTC’s regulatory obligations.  RTC desires to maintain its current practice of highly trained professionals individually assessing the concerns of appellants.  

Although RTC can neither control, nor guarantee the number of eligibility appeals, based on experience RTC anticipates appeals roughly in the following numbers: 

V. SPANISH SPEAKING APPEALS HEARING OFFICER REQUIREMENTS
RTC requires each Appeals Hearing Officer to be a fluent oral and written communicator in Spanish. A fluency test will verify this skill. The Appeals Hearing Officer must also have a current and valid Nevada license as an Occupational and/or Physical Therapist with a minimum of 3 years’ experience, preferably working with individuals in the disability community.  The ideal candidates will have experience and knowledge in the following:
 

• Reviewing injured, ill, or disabled patients’ medical history and records
• Evaluating patient's functional abilities and limitations. Determining if intervention is needed. Establishing a plan of care and treatment goals.

• Principles, methods, and procedures for diagnosis, treatment, and rehabilitation of physical and mental dysfunctions.
• Different types of disabilities and mental health issues, functional characteristics of persons with various disabilities, interaction of environmental conditions with disabilities and sensitivity issues.
• Conducting research on different diagnosis and their impact on functional ability
• Excellent verbal and written communications skills is required

RTC will arrange for up to six (6) hours of training annually at a time scheduled by mutual agreement between the RTC and each Appeals Hearing Officer.
• These training programs will address:
o The ADA complementary paratransit regulations, with particular focus on Title 49, Part 37, Subpart F of the Code of Federal Regulations.
o  Different types of disabilities, functional manifestations of persons with various disabilities, interaction of environmental conditions with various disabilities, interaction of environmental conditions with disabilities and sensitivity issues regarding individuals with disabilities.
o Local fixed-route transportation services and the skills needed to successfully use local services.
o RTC and the written policies and procedures related to the service, particularly those included in the RTC Paratransit Eligibility Process.
o Effective strategies for conducting and documenting formal appeal hearings.


Each Appeals Hearing Officer shall be familiar with and expected to render decisions consistent with the RTC Paratransit Eligibility Process.  Each Appeals Hearing Officer shall understand that the RTC may amend its written policies and procedures from time to time.  Each Appeals Hearing Officer shall be responsible for the completion of the following tasks:
              Task I – Be Available for Rotational Schedule
              Task II – Review Eligibility Determinations and each assigned Appellant’s Application and Appeals Request File
              Task III – Document Appeals Hearing Determinations

      A. Task I – Be Available for Rotational Schedule
The RTC will schedule Appeals Hearings based on demand. The schedule of each Appeals Hearing Officer is based on the total number of approved Appeals Hearing Officers available. In conjunction with the selected Appeals Hearing Officer, RTC will set hearing appeals schedules 4 weeks in advance.

     B. Task II. Review Eligibility Determinations and each assigned Appellant’s Application and Appeals Request File
The RTC will supply a copy of the appellants file 2 weeks in advance of the appellants scheduled hearing. The RTC will notify the scheduled Appeals Hearing Officer to advise the files are available for pick-up at the Mobility Training Center Front Desk.

The Appeals Hearing Officer shall individually review each appellant’s eligibility determination and request for appealing in accordance with the strict interpretation of ADA-related paratransit eligibility criteria.

Determinations must involve review of functional skills testing, interview of the appellant, written and oral evidence submitted by the appellant, the initial evaluation and any medical documentation on file.

    C. Task III – Document Appeals Hearing Determinations

Appellants found eligible will get a final determination based on one of the four categories:
      

i. Unrestricted ADA Paratransit Eligibility – granted to persons who appear to be unable to independently perform transit skills necessary to board, ride, disembark and navigate public fixed route. While the appellant may be able to occasionally use regular transit, the appellants overall transit skill functioning is limited and prevents effective access to fixed bus services.

ii. Not Eligible for ADA Paratransit Eligibility – applicable to persons who appear to be able to independently perform transit skills necessary to board, ride, disembark and navigate public fixed route services.

iii. Restricted – ADA Paratransit Eligibility granted to persons who appear to be able to independently perform transit skills necessary to board, ride, disembark and

navigate public fixed route bus service, but are prevented from using public fixed route service at all times due to a specific functional barrier. Eligibility will be granted with the following restrictions:

1) Eligible for all ADA Paratransit trips between dusk and dawn.

             2) Eligible for ADA Paratransit when fixed route transit accessibility is limited due to environmental barriers e.g. absence of a bench, curb cut,
             obstacle in path of travel, etc.
             3) Eligible for ADA Paratransit when the distance to the fixed route boarding location or the distance from the disembarking location to the  

 destination is greater than a specified distance.

             4) Eligible for ADA Paratransit when an environmental barrier is identified as being present that prevents accessing fixed route transit, e.g. 

 hills, outside temperatures, air quality, rough ground present, etc. 

iv. Temporary ADA Paratransit Eligibility—granted to persons who appear to be unable to independently perform transit skills necessary to board, ride, disembark, and navigate public fixed route services, but the condition or circumstance(s) leading to eligibility are expected to change within a precisely determined period.

The Appeals Hearing Officer shall provide digital documentation for each completed evaluation in a format developed by RTC in consultation with the Appeals Hearing Officers.  All documentation formats are subject to adaptation by the RTC. The Appeals Hearing officers shall maintain all files related to appeals according to professional standards of confidentiality protection.

The documentation of Appeals Hearings shall include, at a minimum, the following:

        i. Appellant’s name
        i. Appeal Hearing Officer’s name
        iii. Date, time, and site of the Appeals Hearing
        iv. Indication of the initial determination by RTC’s Eligibility Department
        v. Tests or procedures used in assessments of the appellant’s abilities and results
        vi. Identification of advocates and other attendees present and/or commenting on behalf of appellant at the Appeal Hearing
        vii. Appellant’s statement
        viii. Documentation presented by appellant
        ix. Documentation presented by RTC through its eligibility process
        x. Other professionals contacted and relationship with appellant, if any
        xi. Observations made during the Appeals Hearing
        xii. Determination of denial of eligibility or the level of eligibility
        xiii. Rationale for appeal eligibility determination
        xiv. Conditions or restrictions on eligibility (if applicable)
        xv. Expiration date for temporary eligibility (if applicable)
        xvi. Need for a personal care attendant (if applicable)
        xvii. Types of mobility device (if applicable)
        xviii. Need for alternate format of printed material (if applicable)

In addition to the tasks discussed above, the Appeals Hearing Officers shall provide RTC with regular billing statements.

INVOICES
Appeals Hearing Officers shall submit billing statements and required documentation on a timely basis. The Appeals Hearing Officer shall submit an invoice to the RTC with the Appeals Hearing decisions no later than ten (10) calendar days following the Appeals Hearing date. Files received more than ten (10) calendar days after the Appeals Hearing date may be subject to a $100.00 penalty. The RTC shall pay the invoiced amount within 30 calendar days after the date of receipt of a correct invoice. All invoices should identify the following items:
    •   The date of the invoice;
    •   The date of service (Appeal Hearing date);
    •   Service Provider name;
    •   Complete address (including street, city, state and zip code);
    •   Telephone number;
    •   Contact person;
    •   Itemized pricing and total amount due (excluding Sales and Use Tax);
    •  the associated RTC purchase order number;
    •  the associated RTC vendor number

VII. RTC ROLE IN THE APPEALS HEARING PROCESS
In preparation of the appeal evaluations, RTC will provide the assigned Appeals Hearing Officer:
    •   A schedule of appeal hearing dates
    •   A listing of appellants
    •   Copies of the appeal hearing notices
    •   Copies of each Appellant’s file for review
    •   An RTC room in which to conduct the hearings
    •   Mailing of Appeals Hearing Officer determinations to the Appellant

RTC will provide payment on a firm fixed fee per completed Appeals Hearing decision. The fee schedule will be as follows:
    •  The RTC will provide payment of $300 for each Appeals Hearing decision completed in English.
    •  The RTC will provide payment of $350 for each Appeals Hearing decision completed in Spanish.
   •  If an appellant withdraws a request for a hearing within two weeks of the scheduled Appeals Hearing, RTC will provide payment of $100 fee
    for  that file review. If an appellant reschedules a request for an Appeals Hearing, RTC will provide payment of a $100 fee for that file review 
   and the balance of $200 (for English) or $250 (for Spanish upon completion of the rescheduled Appeal Hearing.

A completed Appeals Hearing decision includes all of the following:
          •  Evaluation of all issues raised by the appellant
          •  Review of oral and written evidence
          •  Review of in-person evaluation
          •  Review of appropriate testing
          •  Rendering an eligibility determination
          •  Timely submission to RTC Certification Department

The Appeals Hearing Officer shall maintain all documentation relating to Appeals Hearing decisions on file for a period of three (3) years.

Salary : $300