Commonwealth Court Publishes Opinion in Dunkelberger v DHS

On May 4, 2026, the Pennsylvania Commonwealth Court granted an application to publish its previously unpublished opinion in Dunkelberger v. Department of Human Services (DHS).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.

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ODP Updates the MAAC on Paid Relative Caregiving & Travel Limitations

By Tim Sohosky • May 29, 2026

On Thursday, May 28, the Office of Developmental Programs (ODP) provided an update to the Medical Assistance Advisory Committee (MAAC) regarding current policies and upcoming regulatory changes following a recent Commonwealth Court decision. On February 17, 2026, the PA Commonwealth Court issued a decision in Dunkelberger v. Department of Human Services that determined that ODP’s limitations on provider model services (specifically the 40/60-hour caps and 90-day travel maximums) were null and void. The decision was based on process rather than policy validity; the Court found that these limitations were not properly promulgated as regulations in accordance with the Commonwealth Documents Law and Regulatory Review Act. To maintain a balanced approach between flexibility and oversight, ODP is moving forward with the following actions: Regulatory Amendments: ODP will amend regulations to establish formal authority for setting service delivery limits that support individual welfare and program integrity. Self-Directed Model Agreements: ODP has already modified agreements for self-directed models to clarify limits on overtime, combined relative service provision, and travel restrictions. Travel Restrictions: Due to the inability to monitor services effectively over long distances, service provision will now be limited to Pennsylvania and contiguous states. Waiver Changes: ODP will seek modifications through the amendment process to the Consolidated, P/FDS, Community Living, and Adult Autism Waivers to include: New requirements for agencies providing IHCS and Companion services to disclose a DSP's relationship to participants; and Strengthened programmatic oversight and integrity measures. Life Sharing Alternative: For participants requiring more than 60 hours of paid care from a relative, the Life Sharing (24/7) service model remains the recommended alternative. ODP anticipates a public comment period for these proposed waiver changes beginning in January 2027.

Two men with intellectual disabilities working happily on a tablet.

Shapiro Administration's Strategic Investments in ID/A Community Lead to Highest Number of Pennsylvanians Ever Served in HCBS

By Tim Sohosky • May 28, 2026

Press Release from DHS : Published May 27, 2026

ODP Provides Updates to PBC 2026/27 Residential Pay-for-Performance

By Cathy Barrick • May 28, 2026

The Office of Developmental Programs (ODP) has shared ODPANN 26-039 . The purpose of this communication is to provide updated details about the Residential Performance-Based Contracting (PBC) Pay-for-Performance (P4P) initiatives for Fiscal Year 2026/27. Updates are provided in red . Please review the announcement for more details. Visit here to access the Pay for Performance (P4P): Residential Rural Capacity Expansion Plan template .