Pennsylvania OBRA Waiver and Act 150: Can Family Be Paid? (2026)
A parent, sibling or other relative caring for an adult in Pennsylvania whose developmental disability began before age 22 can often be paid to provide personal care at home.
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Brevy Care Team
8 min read · Published October 15, 2026 · Last verified October 19, 2026
A parent, sibling or other relative caring for an adult in Pennsylvania whose developmental disability began before age 22 can often be paid to provide personal care at home.State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdf,State of Pennsylvania. (2026). OBRA §1915(c) HCBS Waiver renewal PA.0235.R07.00, approved effective July 1, 2026 — Brief Waiver Description, Appendix B-1 target group, level of care, Appendix C (Personal Assistance), Appendix E (participant direction) — PA DHS (linked as 'View the Current OBRA Waiver' from pa.gov's OBRA page). pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/documents/2026-obra-waiver-renewal-0235-r07-00.pdf The OBRA Waiver, a Medicaid program that enrolls these adults from 18 through 59, pays family members to provide respite and, for participants 21 and over, personal assistance.State of Pennsylvania. (2026). OBRA §1915(c) HCBS Waiver renewal PA.0235.R07.00, approved effective July 1, 2026 — Brief Waiver Description, Appendix B-1 target group, level of care, Appendix C (Personal Assistance), Appendix E (participant direction) — PA DHS (linked as 'View the Current OBRA Waiver' from pa.gov's OBRA page). pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/documents/2026-obra-waiver-renewal-0235-r07-00.pdf,State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdfAct 150 funds attendant care for adults 18 to 59 with a physical disability who don't qualify financially for Medicaid.State of Pennsylvania. (n.d.). Act 150 — Pennsylvania Department of Human Services (pa.gov), eligibility, co-payment and enrollment. pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/agencies/dhs/resources/medicaid/waivers/act-150-attendant-care-waiver
Which Program Fits: Pennsylvania's OBRA Waiver or Act 150
Pennsylvania's OBRA Waiver and Act 150 split on two tests: the type of disability, and Medicaid's money test. OBRA needs a developmental disability that began before age 22 plus Medicaid eligibility; Act 150 needs a physical impairment plus a Medicaid finding of financial ineligibility.State of Pennsylvania. (2026). OBRA §1915(c) HCBS Waiver renewal PA.0235.R07.00, approved effective July 1, 2026 — Brief Waiver Description, Appendix B-1 target group, level of care, Appendix C (Personal Assistance), Appendix E (participant direction) — PA DHS (linked as 'View the Current OBRA Waiver' from pa.gov's OBRA page). pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/documents/2026-obra-waiver-renewal-0235-r07-00.pdf,State of Pennsylvania. (n.d.). Act 150 — Pennsylvania Department of Human Services (pa.gov), eligibility, co-payment and enrollment. pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/agencies/dhs/resources/medicaid/waivers/act-150-attendant-care-waiver
OBRA Waiver
Act 150
Who it's for
A developmental disability that began before 22 and needs an Intermediate Care Facility for Other Related Conditions (ICF/ORC) level of care
A physical impairment expected to last at least 12 months (or, per the Department of Human Services (DHS), that may result in death)
Age
Enroll through 59; can stay after turning 60
18 through 59
Other conditions
Three or more substantial functional limitations
Mentally alert; able to hire, supervise and fire a worker and manage own money and legal affairs
Money test
Medicaid's, set by the County Assistance Office
Must go through Medicaid and be found financially ineligible
Paid by
Medicaid
State funds, plus a sliding fee from some families
The OBRA Waiver's own examples of qualifying conditions include "cerebral palsy; spina bifida; epilepsy; severe physical disabilities, and autism."State of Pennsylvania. (2026). OBRA §1915(c) HCBS Waiver renewal PA.0235.R07.00, approved effective July 1, 2026 — Brief Waiver Description, Appendix B-1 target group, level of care, Appendix C (Personal Assistance), Appendix E (participant direction) — PA DHS (linked as 'View the Current OBRA Waiver' from pa.gov's OBRA page). pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/documents/2026-obra-waiver-renewal-0235-r07-00.pdf A disability that began at 22 or later doesn't fit OBRA's definition.State of Pennsylvania. (2026). OBRA §1915(c) HCBS Waiver renewal PA.0235.R07.00, approved effective July 1, 2026 — Brief Waiver Description, Appendix B-1 target group, level of care, Appendix C (Personal Assistance), Appendix E (participant direction) — PA DHS (linked as 'View the Current OBRA Waiver' from pa.gov's OBRA page). pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/documents/2026-obra-waiver-renewal-0235-r07-00.pdf If it's a physical impairment and Medicaid finds your family member financially ineligible, Act 150 may fit; Act 150 also requires a nursing facility level of care.State of Pennsylvania. (n.d.). Act 150 — Pennsylvania Department of Human Services (pa.gov), eligibility, co-payment and enrollment. pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/agencies/dhs/resources/medicaid/waivers/act-150-attendant-care-waiver If your family member is 21 or older and qualifies for Medicaid long-term care both financially and medically, ask about Pennsylvania Community HealthChoices instead.U.S. Government Publishing Office. (n.d.). 38 CFR § 71.40(c)(4)(i) — Primary Family Caregiver monthly stipend: the four multipliers, the current-program and legacy-cohort paragraphs, and the eight-year legacy window — eCFR. ecfr.gov. Retrieved Aug 13, 2026, from https://www.ecfr.gov/current/title-38/chapter-I/part-71/subpart-A/section-71.40
Act 150 also requires Pennsylvania residence and, per the Act 150 Guidelines of the Office of Long-Term Living (OLTL), which runs both programs, U.S. citizenship or lawful permanent residence.State of Pennsylvania. (n.d.). Act 150 — Pennsylvania Department of Human Services (pa.gov), eligibility, co-payment and enrollment. pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/agencies/dhs/resources/medicaid/waivers/act-150-attendant-care-waiver,State of Pennsylvania. (2026). OBRA §1915(c) HCBS Waiver renewal PA.0235.R07.00, approved effective July 1, 2026 — Brief Waiver Description, Appendix B-1 target group, level of care, Appendix C (Personal Assistance), Appendix E (participant direction) — PA DHS (linked as 'View the Current OBRA Waiver' from pa.gov's OBRA page). pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/documents/2026-obra-waiver-renewal-0235-r07-00.pdf Someone already in Act 150 before 60 may stay or ask to move to an Area Agency on Aging program, but that move depends on the agency's funds and the person's priority of need, and isn't guaranteed.State of Pennsylvania. (n.d.). Act 150 — Pennsylvania Department of Human Services (pa.gov), eligibility, co-payment and enrollment. pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/agencies/dhs/resources/medicaid/waivers/act-150-attendant-care-waiver
Who Can Be Paid Under Pennsylvania's OBRA Waiver and Act 150
Program
Parent, sibling or adult child
Spouse
Live-in relative
Guardian or POA
OBRA Waiver
Yes
No
Yes for personal assistance, not respite
No (nor a Representative Payee)
Act 150
Only if the program confirms
No
Ask the program
No (guardian or active POA)
Pennsylvania's OBRA Waiver lets family members provide personal assistance and respite.State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdf The OBRA Waiver won't pay the participant's spouse, a legal guardian, a POA or a Representative Payee, and "aside from the exceptions noted above, there are no restrictions on the types of family members who may provide Personal Assistance or Respite Services."State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdf The participant's representative can't be a paid attendant either.State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdf
Sharing a home doesn't stop you being paid under OBRA, but two limits apply.State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdf
Respite: no. A relative can provide OBRA respite only if they don't live in the home.
No overtime premium. OBRA's participant-directed overtime rate "is only paid to participant-employed direct care workers who do not live in the same residence as the participant and for hours worked over 40 hours per week."
Hours come from your family member's service plan, not a fixed number. Under OBRA, a plan giving one person more than 40 hours a week of personal assistance is reviewed and approved by OLTL.State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdf If someone plans to cut back other work for this, describe the full daily care when the plan is written and get the approved hours in writing first.
For both Pennsylvania's OBRA Waiver and Act 150, DHS pays $4.00 to $4.90 per 15 minutes, depending on region, for participant-directed personal assistance (W1792), effective January 1, 2026. That's what the program pays, not your wage.Pennsylvania Legislative Reference Bureau. (2026). Medical Assistance Fee Schedule Revisions in the OBRA Waiver and the Act 150 Program, 56 Pa.B. 1226 (Feb. 28, 2026), Pa.B. Doc. No. 26-310 - Pennsylvania Department of Human Services notice, Pennsylvania Bulletin. pacodeandbulletin.gov. Retrieved Oct 14, 2026, from https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol56/56-9/310.html
Region
Standard rate
Overtime rate
Region 1
$4.18
$6.27
Region 2
$4.00
$6.00
Region 3
$4.37
$6.56
Region 4
$4.90
$7.35
Ask your service coordinator which region your county is in and what hourly wage that supports.Pennsylvania Legislative Reference Bureau. (2026). Medical Assistance Fee Schedule Revisions in the OBRA Waiver and the Act 150 Program, 56 Pa.B. 1226 (Feb. 28, 2026), Pa.B. Doc. No. 26-310 - Pennsylvania Department of Human Services notice, Pennsylvania Bulletin. pacodeandbulletin.gov. Retrieved Oct 14, 2026, from https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol56/56-9/310.html
What Act 150 Costs Your Family
Act 150 isn't always free. OLTL's Act 150 Guidelines say a family whose monthly gross income is above 300 percent of the Federal Benefit Rate pays a weekly fee on the Department's sliding scale, based on household size, income, and medical and disability expenses.State of Pennsylvania. (n.d.). Act 150 — Pennsylvania Department of Human Services (pa.gov), eligibility, co-payment and enrollment. pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/agencies/dhs/resources/medicaid/waivers/act-150-attendant-care-waiver For 2026, 300 percent of the Federal Benefit Rate is $2,982 a month.U.S. Social Security Administration. (2026). 2026 Cost-of-Living Adjustment (COLA) Fact Sheet. ssa.gov. Retrieved Jul 10, 2026, from https://www.ssa.gov/news/en/cola/factsheets/2026.html DHS says the Act 150 co-payment "will not be more than the total costs of services."State of Pennsylvania. (n.d.). Act 150 — Pennsylvania Department of Human Services (pa.gov), eligibility, co-payment and enrollment. pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/agencies/dhs/resources/medicaid/waivers/act-150-attendant-care-waiver We didn't find a current published fee table, and not knowing the fee is hard when money is already tight, so ask OLTL for your estimated weekly fee in writing before enrollment.
You can hire and manage your own workers in Act 150, but its budget option, Services My Way, isn't available.State of Pennsylvania. (n.d.). Act 150 — Pennsylvania Department of Human Services (pa.gov), eligibility, co-payment and enrollment. pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/agencies/dhs/resources/medicaid/waivers/act-150-attendant-care-waiver
, which runs payroll for both programs: 1-877-908-1750.U.S. Department of Veterans Affairs. (n.d.). VA — National Caregiver Support Line 1-855-260-3274. caregiver.va.gov. Retrieved Sep 2, 2026, from https://www.caregiver.va.gov/CAREGIVER/Caregiver_Support_Line.asp
My family member is 18 to 20. Does the OBRA Waiver pay for personal care?
The OBRA Waiver's personal assistance is only for participants 21 and over. For 18- to 20-year-olds, medically necessary personal assistance is covered through Pennsylvania Medicaid's Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit instead.State of Pennsylvania. (2026). OBRA §1915(c) HCBS Waiver renewal PA.0235.R07.00, approved effective July 1, 2026 — Brief Waiver Description, Appendix B-1 target group, level of care, Appendix C (Personal Assistance), Appendix E (participant direction) — PA DHS (linked as 'View the Current OBRA Waiver' from pa.gov's OBRA page). pa.gov. Retrieved Oct 15, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/documents/2026-obra-waiver-renewal-0235-r07-00.pdf
My family member is over 21 but doesn't fit either program. What else is there?
Adults 21 and over who qualify for Medicaid financially and need a nursing facility level of care may qualify for Community HealthChoices waiver services, which can also pay relatives other than a spouse, guardian, POA or Representative Payee.U.S. Government Publishing Office. (n.d.). 38 CFR § 71.40(c)(4)(i) — Primary Family Caregiver monthly stipend: the four multipliers, the current-program and legacy-cohort paragraphs, and the eight-year legacy window — eCFR. ecfr.gov. Retrieved Aug 13, 2026, from https://www.ecfr.gov/current/title-38/chapter-I/part-71/subpart-A/section-71.40,State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdf CHC covers personal assistance only when neither the participant nor anyone else in the household, relative or informal caregiver, is available, willing and able to help, and a relative who lives in the home can't be paid to provide respite.State of Pennsylvania. (2026). Community HealthChoices §1915(c) HCBS Waiver PA.0386.R05.01, effective July 1, 2026 — Appendix C-1/C-3 service definitions (PAS, Respite, Participant-Directed Community Supports) and C-2-e (relatives/legal guardians), Appendix B and Appendix E representative — PA DHS. pa.gov. Retrieved Oct 14, 2026, from https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/healthchoices/hc-providers/documents/2026-chc-waiver-0386-r05-01.pdf Being enrolled in CHC because someone has both Medicare and Medicaid isn't enough on its own to get a relative paid. If your family member directs their own care, the person acting as their employer or designated representative can't also be the paid worker.U.S. Government Publishing Office. (n.d.). 38 CFR § 71.40(c)(4)(i) — Primary Family Caregiver monthly stipend: the four multipliers, the current-program and legacy-cohort paragraphs, and the eight-year legacy window — eCFR. ecfr.gov. Retrieved Aug 13, 2026, from https://www.ecfr.gov/current/title-38/chapter-I/part-71/subpart-A/section-71.40
Find personalized help choosing between Pennsylvania's OBRA Waiver and Act 150 for your family member at brevy.com.
The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.
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