(a) A person is eligible to participate in the program if the person:
(1) is the primary caregiver for a person who:
(A) is related to the caregiver within the second degree of consanguinity or affinity;
(B) has a chronic serious health condition or disability;
(C) requires assistance with one or more activities of daily living; and
(D) is not eligible for or not able to participate in any other existing program that provides respite services; and
(2) meets criteria specified in rules adopted by the executive commissioner.
(b) The executive commissioner may not specify criteria that limit a person's eligibility based on the type of chronic serious health condition or disability of the person receiving care.