Reminder: Compliance Deadline Approaching for Food and Nutrition Director Requirements

In August 2022, as part of the Fiscal Year 2023 Skilled Nursing Facility (SNF) Prospective Payment System Final Rule (CMS 1765-F), 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). AHCA/NCAL previously communicated to members about these regulatory changes and wanted to remind providers of the requirements as the October deadline approaches.     

CMS created an additional pathway for the Director of Food and Nutrition to qualify for the position. This pathway includes:     

• Having two or more years of experience in the position of Director of Food and Nutrition Services in a nursing facility setting  
• Completing a course of study in food safety and management, by no later than October 1, 2023. Course topics integral to managing dietary operations include, but are not limited to, foodborne illness, sanitation procedures, and food purchasing/receiving. 

In addition, AHCA/NCAL wants to clarify 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 and Nutrition Services or other related titles/roles can qualify as having “two 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 October 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 if the experience supports the individual’s ability to serve in the position in the long-term care setting. 

CMS has noted that the course requirements would be the equivalent of a ServSafe Food Manager certification. Providers need to enroll in and complete the required training before October 1, 2023, in order to qualify for the role if using this new pathway to meet qualifications.  

Source: AHCA/NCAL News and Communications