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The CMS Interpretive Guidelines and Creating Home



Sanitary Conditions

Below is the full text of the CMS Interpretive Guidelines changes for the tags related to dining.

The CMS Tag Revisions are in red italics.
 Portions of new text related to Promising Practices in Dining are booked by these symbols.

The CMS interpretive Guidelines beyond dining can be accessed at: 
June 12 2009 CMS Interpretive Guidelines.


§483.35(i) F - 371- Sanitary Conditions
The facility must –

§483.35(i)(1) - Procure food from sources approved or considered satisfactory by Federal, State or local authorities; and

§483.35(i)(2) - Store, prepare, distribute and serve food under sanitary conditions

INTENT: (Tag F - 371) 42 CFR 483.35(i) Sanitary Conditions

Note to Reader: In June, 2009 CMS revised only one sentence (highlighted in red) to F - 371. For the purpose of including it in context we have included other portions of text and a Survey and Certification Clarification letter regarding this change.

The full text links to F - 371 and related F - 325 are listed below at:
http://www.cms.hhs.gov/SurveyCertificationGenInfo/downloads/SCLett er08-28.pdf

June 2008 Revision of F 325, and F 371 (effective September 2008) related to Nutrition and Sanitary Conditions
http://www.cms.hhs.gov/SurveyCertificationGenInfo/downloads/SCLetter09_39. pdf
May 2009 clarification of F - 371 Food Procurement

The intent of this requirement is to ensure that the facility:
  • Obtains food for resident consumption from sources approved or considered satisfactory by Federal, State or local authorities; and

  • Follows proper sanitation and food handling practices to prevent the outbreak of food borne illness. Safe food handling for the prevention of food borne illnesses begins when food is received from the vendor and continues throughout the facility's food handling processes.
FACTORS IMPLICATED IN FOODBORNE ILLNESSES
  • Unsafe Food Sources - Unsafe food sources are sources not approved or considered satisfactory by Federal, State, or local authorities. Nursing homes are not permitted to use home-prepared or home-preserved (e.g., canned, pickled) foods for service to residents.
NOTE: The food procurement requirements for facilities are not intended to restrict resident choice. All residents have the right to accept food brought to the facility by any visitor(s) for any resident.

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