CMS Issues 1135 Waiver for Director of Food and Nutrition Services

Regulations; Workforce
​​CMS is issuing an 1135 waiver for directors of food and nutrition services, granting an extension on certain requirements that previously would have hit a deadline of this Sunday, November 28. The 1135 waiver is for 42 CFR 483.60(a)(1) and 483.60(a)(2), which require: 
  • ​Dietitians hired or contracted with prior to November 28, 2016, to meet the specified requirements no later than 5 years after November 28, 2016, or as required by state law; and  
  • To designate a person to serve as the director of food and nutrition services who, for designations prior to November 28, 2016, meets the specified requirements no later than 5 years after November 28, 2016, or no later than 1 year after November 28, 2016, for designations after November 28, 2016.  
    • ​The specified requirements involve specialized education or training in food service management and safety resulting in an associate’s or higher degree in hospitality or food service management, a bachelor’s or higher degree granted by a regionally accredited college or university in the United States, a certified dietary manager, or a certified food service manager.  
    • These educational and training requirements range in length, at a minimum, of 18 months to four years.  
​It has been unusually challenging for these requirements to be met due to the COVID-19 Public Health Emergency (PHE). Therefore, CMS is waiving this requirement due to the inability for individuals to enroll in, attend, or complete a certification program during the pandemic. AHCA anticipates this waiver will be in place through the PHE, which is currently set to last through January 16, 2022. Members should continue to pursue training for individuals serving in this role to be in compliance when the waiver ends.