CMS Issues Blanket Waiver for Nursing Home Food and Nutrition Services Director

Posted on December 2, 2021 by Jonathan Lips

CMS has updated its COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers list to address requirements for a nursing home's Director of Food and Nutrition Services.

As of Nov. 26, CMS is issuing an 1135 waiver for 42 CFR 483.60(a)(1) and 483.60(a)(2) that requires dietitians hired or contracted with before Nov. 28, 2016, to meet the specified requirements no later than five years after Nov. 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 before Nov. 28, 2016, meets the specified requirements no later than five years after Nov. 28, 2016, or no later than one year after Nov. 28, 2016, for designations after Nov. 28, 2016.

CMS states: "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. These requirements have been unusually challenging to meet 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 due to circumstances related to the COVID-19 PHE."

Like all blanket waivers, this will be in effect for the duration of the Public Health Emergency unless CMS withdraws or terminates the waiver sooner.