Lack of Qualified Dietitian and Food Service Director
Summary
The facility failed to ensure that a qualified dietitian or another clinically qualified nutrition professional, including a director of food and nutrition services, was employed part-time, full-time, or as a consultant. The report states that the facility had employed a non-registered dietician as the full-time dietician and food service director without oversight from a registered dietitian or certified food service director since September 2025. The undated Food Service Management policy required the department head to meet New York State Department of Health requirements for food service manager and to plan, organize, supervise, and direct all administrative and operational activities of the Food and Nutrition Services Department. Record review showed the Facility Survey Report, New York State Department of Health Form 1550, was signed by the facility operator and principal partner and dated 12/01/2025, and it listed the previous registered dietician as the Registered Dietician and Food Service Director without naming any other staff in that role. During interviews, Facility Dietician #2 stated they were not a registered dietitian, had been working per diem since 2022, and were now hired part to full time because there had not been a full-time registered dietitian or food service director since September 2025. They stated they completed resident-focused tasks such as dietary assessments, allergy checks, diet recommendations, and weight monitoring, but did not perform administrative duties such as meetings, staff supervision, or policy review. The Medical Director stated they had been told the registered dietitian was terminated in October 2025 and that they were expecting an immediate replacement, while the Administrator stated the facility currently did not have a registered dietitian employed and had not had one since the previous food service director resigned at the end of September 2025.
Penalty
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