limitations on relative-provided services and out-of-state travel were not properly promulgated as regulations and cannot be enforced in their prior form. The following ODP limits were declared null and void:
- 40-hour weekly cap on services by a single relative, legally responsible person, or guardian.
- 60-hour combined weekly cap for IHCS/Companion services when multiple relatives or guardians provide care.
- 90-day annual limit on out-of-state service delivery.
ODP has now updated the two required agreements for participation in participant-directed services in response to the Dunkelberger decision, specifically:
- The Common Law Employer (CLE) Consent Form, and
- The Managing Employer (ME) Agreement.
The new requirements include scheduling responsibilities, exceptions only allowed for emergencies, geographic limits, and resigning of the agreements.
All CLE Consent Forms and ME Agreements signed prior to May 8, 2026, will be considered invalid effective August 6, 2026. Individuals who wish to continue participating in participant-directed services must review, sign, and submit updated agreements by August 6, 2026.
Please see
ODPANN 26-067 and
the FAQ for additional details and future planned updates.
If you need further assistance, please reach out to
Tim Sohosky, IDD Director, or
Cathy Barrick, IDD Policy Analyst.
