CMS Releases Memo on Hospital Nutrition Obligations

In a March 30 memo, the Centers for Medicare & Medicaid Services (CMS) reminded hospitals of their obligations to meet federal nutrition standards for patients. The guidance reiterates that hospitals participating in Medicare must comply with the conditions of participation for food and dietary services under 42 CFR §482.28. These requirements include ensuring patient menus meet individual nutritional needs and are consistent with recognized dietary practices.

CMS encouraged hospitals to review and update food and nutrition service policies, standard menus, therapeutic diet protocols, and food procurement practices to align with the 2025-2030 Dietary Guidelines for Americans that the Department of Health and Human Services and U.S. Department of Agriculture released Jan. 7. CMS also highlighted research linking consumption of ultra-processed foods to chronic conditions and rising health care costs.

The memo urges hospitals to prioritize nutritious, minimally processed foods as clinically appropriate, including by limiting sugar-sweetened beverages and refined carbohydrates while emphasizing fiber-rich whole grains and other whole foods. CMS also noted that hospitalization can serve as an opportunity for dietary education, recommending that hospitals incorporate nutrition counseling into discharge planning.

The memo does not change existing federal requirements.

Contact Director of Policy Rob Nelb, MPH, at [email protected] or 202.585.0127 with questions.