(a) As used in this section, (1) “legally responsible relative” means a spouse, parent or legal guardian of a person enrolled in a Medicaid waiver program, and (2) “Medicaid waiver program” means any of the three programs established under Section 1915(c) of the Social Security Act to provide home and community-based services to clients of the Department of Developmental Services.
(b) Not later than November 1, 2023, the Commissioner of Social Services, in consultation with the Commissioner of Developmental Services, shall amend the current Medicaid waiver programs to authorize compensation for family caregivers providing personal care assistance services to participants in the Medicaid waiver programs, including, but not limited to, family caregivers who are legally responsible relatives. Such amendment shall be implemented upon approval from the Centers for Medicare and Medicaid Services. For purposes of this section, “family caregiver” means a caregiver related by blood or marriage or a legal guardian of a participant in a Medicaid waiver program.