On May 4, 2026, the Pennsylvania Commonwealth Court granted an
application to publish its previously unpublished opinion in Dunkelberger v. Department of Human Services (DHS). The underlying decision is significant, as the Court invalidated the Office of Developmental Programs’ (ODP) “40/60 rule” as applied to family caregivers.
With the Court’s decision now published, it is formally recognized as precedential authority. As such, it is binding on lower courts until it is overruled or limited by a higher court or subsequent decision.
The publication of this decision elevates its legal significance beyond the parties involved in Dunkelberger. Because the ruling now carries precedential weight, DHS and its program offices must account for the Court’s analysis when developing, enforcing, or revising policies that impact providers and caregivers. This includes heightened scrutiny of administrative rules that may not be clearly supported by statute or adopted through proper regulatory procedures. Over time, this decision may serve as a reference point in future legal challenges and could shape how DHS approaches policy development, stakeholder engagement, and compliance with administrative law requirements.
RCPA will continue to monitor developments arising from this decision and will remain engaged with DHS, its subsidiary offices, and our association partners to promote consistent, transparent, and legally sound rulemaking practices. For questions regarding this update, please contact
Tim Sohosky.
