1. Short title This Act may be cited as the HCBS Relief Act of 2023 . 2. Additional support for Medicaid home and community-based services (a) Increased FMAP (1) In general Notwithstanding section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ), in the case of an HCBS program State, the Federal medical assistance percentage determined for the State under section 1905(b) of such Act and, if applicable, increased under subsection (y), (z), or (aa) of section 1905 of such Act ( 42 U.S.C. 1396d ), or section 1915(k) of such Act ( 42 U.S.C. 1396n(k) ), shall be increased by 10 percentage points with respect to expenditures of the State under the State Medicaid program for home and community-based services that are provided during fiscal years 2024 and 2025. In no case may the application of the previous sentence result in the Federal medical assistance percentage determined for a State being more than 95 percent. (2) Definitions In this section: (A) HCBS program State The term HCBS program State means a State that meets the condition described in subsection (b) by submitting an application described in such subsection, which is approved by the Secretary pursuant to subsection (c). (B) Home and community-based services The term home and community-based services means home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ), behavioral health services authorized under paragraph (13) of such section, personal care services authorized under paragraph (24) of such section, PACE services authorized under paragraph (26) of such section, services authorized under subsections (b), (c), (i), (j), and (k) of section 1915 of such Act ( 42 U.S.C. 1396n ), such services authorized under a waiver under section 1115 of such Act ( 42 U.S.C. 1315 ), and such other services specified by the Secretary. (b) Condition The condition described in this subsection, with respect to a State, is that the State submits an application to the Secretary, at such time and