The Office of Developmental Programs (ODP) held a webinar on July 2, 2026, to provide official
operational guidance following the Dunkelberger v. Department of Human Services Commonwealth Court decision. This update outlines immediate compliance mandates for individuals utilizing self-directed service models. A recording of the webinar will be posted on the MyODP website in the future.
Mandatory Agreement Deadlines and Compliance
All Common Law Employer (CLE) Consent Forms and Managing Employer (ME) Agreements signed prior to May 8, 2026, are officially invalid, effective August 6, 2026.
Individuals who want to continue participating in participant-directed services must review, sign, and submit updated agreements by August 6, 2026.
If a CLE fails to return the updated form by the deadline, ODP will issue a Notice of Noncompliance, requiring the completed document within seven (7) calendar days. If still unreturned, a Second Notice of Noncompliance will be issued, warning that failure to submit the form within an additional 30 calendar days will result in the administrative vendor (PPL) being unable to process the functions necessary to support participant-directed services.
Clarified Work Scheduling Rules
The updated CLE and ME agreements clarify structural scheduling limitations necessary for fiscal and program integrity. CLEs and MEs are strictly responsible for managing Support Service Professionals' (SSP) schedules so that no single SSP is scheduled to work more than 40 hours per week.
Authorized work schedules may not include more than 60 hours per week of combined relative service provision.
Travel Safeguards and Out-of-State Restrictions
While ODP is limiting service provision during travel to Pennsylvania and contiguous states due to monitoring constraints, the guidance outlines specific protocol for Individual Support Plan (ISP) teams.
When waiver services are to be provided during travel that could impact an individual's health, safety, supervision, or delivery of care, the ISP team must explicitly discuss travel plans. This includes travel for extended periods of time or travel to areas representing a significant distance from the individual's primary community/residence.
The guidance notes that the anticipated use of a relative as an SSP should not, by itself, result in a denial or reduction of waiver service authorizations.
Waiver and Long-Term Care Alternatives
For individuals requiring extensive, continuous family support beyond the standard caps, the Life Sharing model remains a viable option. Because it is paid on a per diem basis, it has no cap on the number of hours of service that can be provided by relatives or legal guardians.
Regulatory Timeline
ODP is moving forward with formal amendments to the Consolidated, P/FDS, Community Living, and Adult Autism Waivers to permanently solidify these program integrity measures, with a public comment window scheduled for January 2027.
