Food and Nutrition Services Regulatory Update

Regulations
 
The Centers for Medicare and Medicaid Services (CMS) added new regulatory language related to food and nutrition services at 483.60(a)(2)(i)(E) as part of the Fiscal Year 2023 Skilled Nursing Facility (SNF) Prospective Payment System Final Rule (CMS 1765-F). AHCA/NCAL previously communicated to members about these regulatory changes, which are summarized below.  

CMS finalized changes to the requirements for the Director of food and nutrition services.   
  • §483.60(a)(2)(i) Food and nutrition services: CMS is adding allowance for experience in the position as one of the ways to qualify for the position of the director of food and nutrition services. Specifically, an individual who, on the effective date of the final rule (October 1, 2022), has two or more years of experience in the position of director of food and nutrition services in a nursing facility setting and has completed a course of study in food safety and management by no later than October 1, 2023, along with the other requirements set out at § 483.60(a)(2), is qualified to be the director of food and nutrition services.  

AHCA wants provide clarifications on several key points in relation to the Director of food and nutrition services to assist providers with meeting this requirement. 

  • ​An assistant director, supervisor, or manager of food & nutrition services or other related titles/roles can qualify as having “2 or more years of experience in the position of director” if the individual’s defined role and the duties they performed in that role comply with the requirements. Titles, such as director, supervisor, or manager, are often used interchangeably and can vary. 
  •  The requirement to have two or more years of experience in the position noted can have occurred at any point before the final rule effective date of 10/1/2022 to meet the qualification requirements. 
  • ​ Facilities that would qualify as a “nursing facility setting” for the purposes of this federal requirement can vary as long as the experience supports the individual’s ability to serve in the position in the long-term care setting.