§483.60(a) Staffing The facility must employ sufficient staff with the appropriate competencies and skills sets to carry out the functions of the food and nutrition service, taking into consideration resident assessments, individual plans of care and the number, acuity and diagnoses of the facility's resident population in accordance with the facility assessment required at §483.70(e)
This includes: §483.60(a)(1) A qualified dietitian or other clinically qualified nutrition professional either full-time, part-time, or on a consultant basis. A qualified dietitian or other clinically qualified nutrition professional is one who- (i) Holds a bachelor's or higher degree granted by a regionally accredited college or university in the United States (or an equivalent foreign degree) with completion of the academic requirements of a program in nutrition or dietetics accredited by an appropriate national accreditation organization recognized for this purpose. (ii) Has completed at least 900 hours of supervised dietetics practice under the supervision of a registered dietitian or nutrition professional. (iii) Is licensed or certified as a dietitian or nutrition professional by the State in which the services are performed. In a State that does not provide for licensure or certification, the individual will be deemed to have met this requirement if he or she is recognized as a "registered dietitian" by the Commission on Dietetic Registration or its successor organization, or meets the requirements of paragraphs (a)(1)(i) and (ii) of this section. (iv) For dietitians hired or contracted with prior to November 28, 2016, meets these requirements no later than 5 years after November 28, 2016 or as required by state law.
§483.60(a)(2) If a qualified dietitian or other clinically qualified nutrition professional is not employed full-time, the facility must designate a person to serve as the director of food and nutrition services. (i) The director of food and nutrition services must at a minimum meet one of the following qualifications- (A) A certified dietary manager; or (B) A certified food service manager; or (C) Has similar national certification for food service management and safety from a national certifying body; or D) Has an associate's or higher degree in food service management or in hospitality, if the course study includes food service or restaurant management, from an accredited institution of higher learning; or (E) Has 2 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, that includes topics integral to managing dietary operations including, but not limited to, foodborne illness, sanitation procedures, and food purchasing/receiving; and (ii) In States that have established standards for food service managers or dietary managers, meets State requirements for food service managers or dietary managers, and (iii) Receives frequently scheduled consultations from a qualified dietitian or other clinically qualified nutrition professional.
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Observations: Based on observation, staff interviews and a review of employee credentials and current staffing of the facility's food and nutrition services department it was determined that the facility failed to consistently provide qualified staff to provide oversight of the food and nutrition services department.
Findings include:
During a tour of the food and nutrition services department on March 13, 2024, at approximately 10:00 a.m., the facility's designated Dietary Manager stated that she started working at the facility three days prior to this survey and her responsibilities included oversight of food preparation, service and storage of food. The Dietary Manager, stated that presently she did not possess the regulatory required qualifications for this position, which was confirmed during review of the employee's personnel file.
During an interview on March 13, 2024 at 1 PM, the Nursing Home Administrator (NHA) confirmed that there was no qualified dietary manager in the facility from January 30, 2024 through March 4, 2024, when the current Dietary Manager came to the facility from a sister facility and was designated as the facility's Dietary Manager. The NHA confirmed that the employee was not currently qualified for the position and would not begin the process of becoming a certified dietary manager until 60 days after employment.
During that time from January 30, 2024, through March 4, 2024, the facility contracted with a Registered Dietitian to provide full time services but only remotely. She stated that the RD performed clinical nutriton duties only and provided no oversight of the dietary department, kitchen and dietary staff. The food ordering was completed by dietary staff at a sister facility and the menu was completed by the cook on duty.
The NHA stated during interview on March 13, 2024, that the facility's dietary Manager, was working at this facility, for 3 days prior to the current survey ending March 13, 2024, and the the facility's dietitian does not come onsite at the facility to oversee the dietary department. The NHA confirmed that she herself, although not a qualified nutrition professional, provided oversight of the facility's dietary department from January 30, 2024 through March 4, 2024, and confirmed that she is not a qualified nutrition professional.
The NHA stated that the Registered Dietitian works remotely and never comes into the facility to provide oversight of the dietary department, education to staff, diet consultation with residents, does not observe or interview residents as part of their nutritional assessments, including observing the residents' physical indicators of nutritional status and appearance/skin, etc, and works solely offsite.
At the time of the survey ending March 13, 2024, the facility failed to employ qualified nutrition professionals to provide oversight of the food and nutrition services department, including oversight of kitchen, dietary staff and daily operations of the department.
Refer F803
28 Pa Code 201.18 (e)(1)(6) Management.
| | Plan of Correction - To be completed: 04/08/2024
1. The facility is unable to retroactively correct cited issue. 2. The facility will have met the needs of the residents by verifying there is qualified dietary staff or full-time coverage of dietitian. 3. Vice President of Clinical Operations will educate the Administrator on the qualified dietary staff regulation. A registered dietitian will provide full-time hours of oversight of the food and nutrition services department weekly, and these hours will not solely be remote hours.
4. NHA/designee will audit 4 times a week for 2 months and then weekly for 2 months to ensure full-time dietitian regulation being met. Results will be reviewed by QA committee for 2 months and then reevaluated if needed.
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