Authority: IC 16-28-1-7

Affected: IC 16-28-5-1

Sec. 21. (a) Each resident receives and the facility provides the following:

1. (1) Food prepared by methods that conserve nutritive value, flavor, and appearance.
2. (2) Food that is palatable, attractive, and at the proper temperature.
3. (3) Food prepared in a form designed to meet individual needs.
4. (4) Substitutes offered of similar nutritive value to residents who refuse food served.

(b) Therapeutic diets must be prescribed by the attending physician.

(c) Each resident receives and the facility provides at least three (3) meals daily, at regular times comparable to normal mealtimes in the community.

(d) There must be no more than fourteen (14) hours between a substantial evening meal and breakfast the following day, except as provided in subsection (f).

(e) The facility must offer snacks at bedtime daily.

(f) When a nourishing snack is provided at bedtime, up to sixteen (16) hours may elapse between a substantial evening meal and breakfast the following day if a resident group agrees to this meal span and a nourishing snack is served. A nourishing snack is an offering of a minimum of a food item and a beverage.

(g) If a clear liquid diet is prescribed, the order shall be confirmed with the physician every forty-eight (48) hours, if it is the only source of nutrition unless a different time is specified in the physician's order.

(h) The facility must provide special eating equipment and utensils for residents who need them.

(i) The facility must do the following:

1. (1) Procure food from sources approved or considered satisfactory by federal, state, or local authorities.
2. (2) Comply with 410 IAC 7-24.
3. (3) Store, prepare, distribute, and serve food under sanitary conditions.
4. (4) Provide available storage space in a room adjacent to or convenient to the kitchen for at least a three (3) day supply of staple food both for normal and emergency needs in keeping dietary standards.
5. (5) Dispose of garbage and refuse properly.

(j) Any contracted food service to a facility must comply with all rules pertaining to dietary services.

(k) For purposes of IC 16-28-5-1, a breach of:

1. (1) subsection (b), (g), (h), (i)(2), or (i)(3) is a deficiency; and
2. (2) subsection (a), (c), (d), (e), (f), (i)(1), (i)(4), (i)(5), or (j) is a noncompliance.

(Indiana Department of Health; 410 IAC 16.2-3.1-21; filed Jan 10, 1997, 4:00 p.m.: 20 IR 1547, eff Apr 1, 1997; errata filed Apr 10, 1997, 12:15 p.m.: 20 IR 2414; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; errata filed Mar 28, 2002, 4:35 p.m.: 25 IR 2522; errata filed Jan 21, 2005, 10:32 a.m.: 28 IR 1695; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)