(a) The ratio of service providers of off-site individualized skills and socialization to persons receiving services off-site must be:
  (1) no higher than one service provider of off-site individualized skills and socialization to eight individuals with an LON 1 or an LON 5 without an enhanced staffing rate and other persons receiving off-site individualized skills and socialization or a similar service (1:8);
  (2) no higher than one service provider of off-site individualized skills and socialization to two individuals with an LON 8 or an LON 6 and other persons receiving off-site individualized skills and socialization or a similar service (1:2);
  (3) no higher than one service provider of off-site individualized skills and socialization to two individuals with an LON 1 or an LON 5 with the level one enhanced staffing rate and other persons receiving off-site individualized skills and socialization or a similar service (1:2);
  (4) no higher than one service provider of off-site individualized skills and socialization to one individual with an LON 1, LON 5, LON 8, or LON 6 with the level two enhanced staffing rate and other persons receiving off-site individualized skills and socialization or a similar service (1:1); and
  (5) no higher than one service provider of off-site individualized skills and socialization to one individual with an LON 9 and other persons receiving off-site individualized skills and socialization or a similar service (1:1).
(b) A ratio described in subsection (a) of this section may include individuals with different LONs and other persons receiving off-site individualized skills and socialization or a similar service. If the ratio includes individuals with different LONs or other persons receiving off-site individualized skills and socialization or a similar service, the ratio must be one of the following, whichever is the lowest staffing ratio:
  (1) the staffing ratio for the individual with highest level of need;
  (2) the staffing ratio required by §263.2017(a) of this title (relating to Staffing Ratios for Off-Site Individualized Skills and Socialization), if a person in the HCS Program is one of the persons represented in the ratio; or
  (3) the staffing ratio required by §260.507(a) of this title (relating to Staffing Ratios), if a person in the DBMD Program is one of the persons represented in the ratio.
(c) A service provider of off-site individualized skills and socialization assigned to the individuals represented in the staffing ratio required by subsection (a) of this section must provide services only to the individuals and other persons represented in the ratio.

Source Note: The provisions of this §262.917 adopted to be effective January 1, 2023, 47 TexReg 8688