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Authors Posts by Tim Sohosky

Tim Sohosky

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Image by succo from Pixabay

On May 4, 2026, the Pennsylvania Commonwealth Court granted an application to publish its previously unpublished opinion in Dunkelberger v. Department of Human Services (DHS).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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The Office of Developmental Programs (ODP) issued Announcement 26-047 to announce optional ad hoc user testing sessions for upcoming Supports Coordination Organization (SCO) billing updates and system enhancements.

General ODP Updates

  • Purpose of Testing: These sessions allow SCOs to explore enhancements to the Home and Community Services Information System (HCSIS) and become familiar with system changes before full implementation.
  • Target Audience: Registration is prioritized for SCO staff, though Administrative Entities (AEs) may attend if space permits. Organizations are asked to limit participation to 1–2 staff members.
  • Testing Schedule:
    • Session 1: Tuesday, May 26, 2026 | 10:00 am – 3:00 pm
    • Session 2: Thursday, May 28, 2026 | 10:00 am – 3:00 pm
  • Location: PCG, 2040 Linglestown Rd, Suite 201, Harrisburg, PA 17110

Testing Format & Functionality

The sessions will follow an informal, ad hoc structure without a predefined agenda or test cases, encouraging participants to test functionality based on their typical workflows. Key areas for testing include:

  • Service Notes: Creating and entering service notes within the training environment;
  • Billing Reports: Running and reviewing billing extract reports and accessing the new SCO Billable Activity Report; and
  • System Enhancements: Exploring general updates and HCSIS system improvements related to SCO billing requirements.

Logistics and Registration

  • Accessibility: On-site parking and an elevator are available at the Harrisburg location.
  • Meals: Lunch will not be provided; participants should plan accordingly.
  • Registration: Interested parties must register in advance using the link provided in the announcement.

Please contact the ODP Outreach mailbox for any inquiries regarding these testing sessions.

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The Office of Developmental Programs (ODP) issued Announcement 26-045 on April 23, 2026, to provide a reminder and detailed information regarding the Family Medical Support Assistance (FMSA) waiver service and upcoming educational webinars.

Family Medical Support Assistance (FMSA) Overview

  • Service Intent: Created in 2022 and approved by CMS, FMSA is designed to relieve families of some of the administrative and coordination responsibilities associated with caring for loved ones with complex medical needs.
  • Eligibility Criteria: To qualify for FMSA, individuals must:
    • Be in Needs Group 3 or higher;
    • Use medically necessary technology;
    • Require nursing care; and
    • Live in a private home (the service is not available to those in Life Sharing, Supported Living, or Residential Habilitation, as these models already include such support).

Core Service Components

The FMSA service is divided into two primary categories of activity:

  1. Administrative and Support Coordination: Performed by qualified staff to assist with:
    • Scheduling and coordinating medical appointments and transportation;
    • Assisting with the acquisition and maintenance of medications, supplies, and equipment;
    • Collaborating with Individual Support Plan (ISP) team members; and
    • Training staff and unpaid supports on non-medical aspects of the ISP.
  2. Nursing Oversight: Performed by a licensed nurse, focusing on:
    • Clinical assessments of the individual’s medical condition;
    • Identifying and providing training related to medically complex conditions for both paid and unpaid caregivers; and
    • Consulting directly with doctors and other healthcare professionals.

CANCELLED: Upcoming Webinars

ODP has cancelled these webinars:

  • For Professionals: Thursday, May 21, 2026, from 11:00 am – 12:30 pm
  • For Individuals and Families: Friday, May 29, 2026, from 10:00 am – 11:30 am

Questions regarding this communication or the FMSA service should be directed to the appropriate ODP Regional Office.

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Temple University is conducting a survey to better understand and improve employment services for people with disabilities in Pennsylvania, including those who use languages other than English.

This information will be included in the Comprehensive Statewide Needs Assessment (CSNA), conducted in collaboration with the Office of Vocational Rehabilitation (OVR) and the Pennsylvania Rehabilitation Council (PaRC), and will inform the State Plan.

You are eligible if you:

  • Are 18 years or older;
  • Work for an organization in Pennsylvania; and
  • Work for an organization that provides services to people with disabilities who speak languages other than English.

The survey takes approximately 15–20 minutes to complete. It asks about your experiences providing employment services, including challenges, supports, and training needs. Participants will receive a $25 gift card.

Participate in the survey, or learn more

Thank you for considering this opportunity to share your experiences and improve services for people with disabilities who speak languages other than English.

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The Office of Developmental Programs (ODP) has released Announcement 26-039 and its accompanying attachment, detailing the Pay-for-Performance (P4P) initiatives under Performance-Based Contracting (PBC) for the 2026/27 fiscal year. These initiatives provide supplemental payments to eligible residential providers who meet or exceed specific performance benchmarks.

Providers of Residential Habilitation, Life Sharing, and Supported Living services provided through the Consolidated and Community Living Waivers that are assigned to the Primary, Select, or Clinically Enhanced tiers are eligible to participate.

P4P Initiative Areas:

  • Staff Credentialing: Focuses on stabilizing the workforce by incentivizing DSP and FLS credentialing.
    • Criteria: Providers must have 25–30% of DSPs and 45–50% of FLSs credentialed by December 31, 2026.
    • Payment: 0.3% of the prior calendar year’s residential revenue, paid in May 2027.
  • Rural Capacity Expansion: Supports increasing service capacity in designated rural counties.
    • Criteria: Development and approval of a Rural Capacity Expansion Plan with Administrative Entities (AE).
    • Payment: Tiered milestone payments (Planning: $10,000; Implementation: $15,000; Stability: $25,000).
  • Transition to Independent Living: Incentivizes moving individuals from licensed Residential Habilitation (4 or fewer people) to Life Sharing or Supported Living.
    • Payment: Two payments of $15,000 (totaling $30,000 per individual) based on successful transition and six-month retention.
  • Remote Supports: Allows providers to retain savings when utilizing remote supports while billing the daily fee schedule rate.

Important Deadlines:

  • Credentialing Data Submission: February 15, 2027 – March 15, 2027.
  • Rural Capacity Milestones: Submission deadlines vary by milestone (October 2026, January 2027, and April 2027).

Providers should review the detailed criteria in the ODP announcement attachment to ensure internal tracking systems are aligned with the required reporting metrics for 2026/27.

Questions can be directed via email.

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The Office of Developmental Programs (ODP) has issued Announcement 26-034 reminding providers and Supports Coordination Organizations (SCO) of the annual training requirements under Chapter 6100. Key highlights include:

  • 24 hours annually required for Direct Support Professionals (DSP), Support Coordinators, life sharers, and their supervisors.
  • 12 hours annually required for administrative, management, and ancillary staff, as well as certain contractors, volunteers, and interns working independently with individuals.
  • Training must cover core topics, including person-centered practices, abuse prevention and reporting, individual rights, incident recognition, behavior supports (if applicable), and implementation of individual plans.
  • ODP offers free trainings via MyODP, many of which are NADSP-accredited and count toward credentialing.
  • Providers and SCOs must maintain detailed training records, and staff are responsible for retaining their own training transcripts.

Members are encouraged to review their current training practices to ensure full compliance with Chapter 6100 requirements.

Please direct any questions or feedback to Tim Sohosky.

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