(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 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 §262.917(a) of this title (relating to Staffing Ratios for Off-Site Individualized Skills and Socialization), if a person in the TxHmL 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 a ratio in 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 §263.2017 adopted to be effective January 1, 2023, 47 TexReg 8698