Dietary regulations. The food procurement regulatory language at 42 C.F.R. §483.35 should not be used to monitor any food(s) provided by visitors, friends, family members, or resident guests which the resident has chosen to accept, because the resident has a right to choose to accept food from nonresidents. The facility does, however, have a responsibility to understand safe food handling practices. When it has been determined that a facility has not allowed a resident or residents to choose to accept food from any friends, family, visitors or other guests, an investigation must take place to determine whether the resident(s) rights have been violated.
CMS Letter to State Survey and Certification Agencies, No. SMDL-09-39, May 29, 2009.
For more information on this and related topics, consult the CCH® Medicare and Medicaid Guide.
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