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Intellectual & Developmental Disabilities

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The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published a proposed rule concerning the process and criteria used to determine a worker’s classification as an employee or an independent contractor under the Fair Labor Standards Act and related federal laws.

This proposed rule would rescind DOL’s 2024 Final Rule addressing the classification of independent contractors and replace it with an analysis for employee classification similar to the one adopted by DOL in 2021. The classification analysis in the proposed rule would:

  • Apply an “economic reality” test to determine whether a worker is in business for himself or herself as an independent contractor or is an employee economically dependent on an employer for work;
  • Identify and explain two “core factors” to help determine if a worker is economically dependent on an employer for work or in business for him- or herself:
    • The nature and degree of control over the work; and
    • The worker’s opportunity for profit or loss based on initiative and/or investment;
  • Identify other factors to help determine a worker’s status as an employee or independent contractor, including the amount of skill required for the work, degree of permanence of the working relationship, and whether the work is part of an integrated unit of production;
  • Advise that the actual practice of the worker and the potential employer is more relevant than what may be contractually or theoretically possible; and
  • Provide eight fact-specific examples applying the factors to real-life circumstances.

Last year, DOL published guidance advising WHD field staff on the analysis to apply when determining employee or independent contractor status. That guidance instructed agency investigators to stop applying the analysis from DOL’s 2024 rule in current enforcement matters but, instead, rely on the principles outlined in Field Assistance Bulletin No. 2025-1 and Fact Sheet #13.

The 2024 final rule prompted a number of federal lawsuits challenging its legality. As a result, DOL said last year that it would be “…reconsidering the 2024 Rule, including whether to rescind the regulation.”

DOL will be accepting comments on this proposed rule through 11:59 pm (ET) April 28, 2026.

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The Office of Developmental Programs (ODP) has shared communication ODPANN 26-029. The purpose of this communication is to announce that new live case study sessions for the AR Course are now available, featuring a new case study that allows participants to actively engage and apply their learning. The AR course page can be accessed by using the AR Training link and logging into MyODP.

Registration for the case study sessions is currently scheduled for:

  • Tuesday, April 28, 2026 (1:00 pm – 4:00 pm)
  • Wednesday, June 10, 2026 (9:00 am – 12:00 pm)

Please review the announcement for more details.

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The Office of Developmental Programs (ODP) is happy to announce a new resource: “Communicating with Individuals who are Blind or have a Vision Impairment.” This resource provides some basic information on vision, the most common eye disorders, and how they impact a person’s vision, as well as strategies for effective communication when supporting these individuals.

The key to achieving effective communication with a person with vision impairment is to consciously accept the responsibility for it. How an individual is impacted will vary and communication access depends on individual needs, looking different for each person. ODP hopes this resource will provide valuable information on communicating and supporting individuals with a visual impairment. Please contact the ODP Special Populations Unit with any questions.

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The Office of Developmental Programs (ODP) has shared ODPANN 26-028. The purpose of this communication is to distribute the updated Prioritization of Urgency of Need for Services (PUNS) Manual and the revised DP1055 – PUNS Form, effective February 2026, and to announce the implementation of related updates to the Emergency PUNS process.

These updates are part of the Office of Developmental Programs’ continued implementation of the Multi-Year Program Growth Strategy and are intended to strengthen the accuracy, consistency, and documentation of Emergency Need determinations statewide.

Please review the announcement for more details.

Attachments:

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Message from the PA Department of Human Services (DHS):

Under the current federal administration, the U.S. Department of Homeland Security (U.S. DHS) has lifted restrictions that previously prohibited Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers from carrying out immigration enforcement actions, including arrests, in protected areas such as medical and behavioral health care facilities and social services establishments. It is now possible that U.S. DHS may attempt to conduct immigration enforcement activities in these settings.

The Pennsylvania Department of Human Services, along with the departments of Aging, Drug and Alcohol Programs, and Health, has prepared a non-regulatory advisory to provide general information about federal law applicable to immigration enforcement activities at health care and social services facilities. We also advise facility leadership and counsel to develop a written policy and standard operating procedures for what to do if immigration enforcement agents arrive on facility property or seek information about individuals you serve for immigration enforcement reasons.

In developing these policies and procedures, the Pennsylvania Department of Human Services advises that you consider:

  • Designating legal and administrative point person(s) by name and phone number who will interact with immigration agents and review legal documents;
  • Planning for how your facility will respond to requests for information, requests to enter non-public spaces to conduct an arrest, and immigration enforcement activity in public spaces;
  • Engaging in advance with stakeholders and necessary resources; and
  • Minimizing disruption to individuals served.

This advisory does not provide legal advice. Consult a licensed attorney or accredited representative for legal questions about a specific situation.

Thank you for your service to Pennsylvania.

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The Office of Long-Term Living (OLTL) has released the agenda and call information for the March 11, 2026, Long-Term Services and Supports (LTSS) Subcommittee meeting. This meeting will be held via webinar/remote streaming only from 10:00 am – 1:00 pm.

Some of the agenda topics include an update from OLTL, presentations from the Community HealthChoices Managed Care Organizations (CHC-MCO) on assisted living in lieu of services option, and personal assistance services (PAS) reductions and time allocated to public comments.

Comments and questions for this meeting should be sent via email.

The conference line for the meeting is:
Bridge Number: 1 (562) 247-8321 PIN: 132-269-143#

For additional information about this meeting, visit the LTSS Subcommittee website.

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