HHS is urging the public to report hospitals and nursing homes that serve sugary drinks, nutrition shakes or meals that don’t meet new dietary guidelines, and warned healthcare facilities it would withhold federal funding if violations occurred, KFF Health News reported May 4.
Here’s what to know:
1. A March 30 CMS memo reminded hospitals of their obligations related to nutrition services under Medicare’s Conditions of Participation. CMS said hospital menus, food procurement and nutrition protocols should align with the 2025-2030 Dietary Guidelines for Americans released Jan. 7 by the Trump administration. The guidelines urged hospitals to eliminate or limit ultraprocessed foods, sugar-sweetened beverages, refined grains, processed meats and deep-fried cooking methods from patient menus. Meals should contain fewer than 10 grams of added sugar unless clinically indicated. The guidelines prioritize whole grains, fruits, vegetables, legumes, nuts, seeds, healthy fats and minimally processed proteins, including plant-based options. For postsurgical patients on clear liquid diets, CMS encourages lower-sugar or no-added-sugar alternatives to traditionally sweetened options such as gelatin and clear juices.
2. A post on X from Calley Means, a top advisor to HHS Secretary Robert F. Kennedy Jr., said, “If a hospital is serving patients sugary drinks, they are out of compliance with government standards and are putting their reimbursements in jeopardy. If you see patients being served sugary drinks, please post information below or let CMS know.” A comment on the post linked to the HHS website with a toll-free number to report complaints. This number is typically used for medical bills.
3. Mr. Kennedy is facing backlash from physicians and providers over the policy, saying it failed to account for patients’ unique dietary needs.
4. It is not clear whether HHS has the regulatory authority to enforce its threat without a formal rulemaking process, lawyers told KFF Health News.
5. CMS requires that “individual patient nutritional needs must be met in accordance with recognized dietary practices.”
“CMS has never before interpreted this requirement as mandating adherence to any set of dietary guidelines,” according to an April 13 brief from law firm Akin Gump Strauss Hauer & Feld.
6. Hospitals are likely to comply with the demands to avoid enforcement actions, but if federal funding was withheld, hospitals could sue to challenge HHS’ authority, the report said.
7. Miami-based Nicklaus Children’s Hospital is the first institution to sign a pledge expanding farm-to-hospital food sourcing amid a broader push from CMS for hospitals to reform their nutrition services. The pledge formalized partnerships with Florida farmers to supply locally sourced food. The initiative also supports workforce training, medically tailored meals and expanded sourcing pathways for local producers, according to CMS.
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