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HB 5903

Health facilities: certificate of need; allowable use of hospital swing beds; expand to include behavioral health patients. Amends sec. 134 of 1974 PA 258 (MCL 330.1134).

2025-2026 Regular Session Introduced by Greg Alexander and 6 co-sponsors

Establishes a comprehensive licensing system for Michigan psychiatric hospitals and units, including how temporary bed use affects care without changing bed counts or CON reviews.

placed on third reading
#healthfacilities:certificateofneed #healthfacilities:hospitals
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Bill Summary · HB 5903

Summary of Michigan House Bill HB 5903 (2025-2026)

Overview

  • Bill number & session: HB 5903, introduced in the 2025-2026 legislative session.
  • Jurisdiction: Michigan
  • Introduced by: Rep. Bierlein, with several primary co-sponsors (Witwer, Kelly, McFall, Longjohn, Alexander, Greene)
  • Committee assignment: Health Policy
  • Introduced: April 28, 2026

This bill amends the Mental Health Code (1974 Public Act 258), specifically section 134 of the Act (as amended by 2015 PA 59), to address the licensing framework for psychiatric facilities and to clarify procedures related to the use of inpatient psychiatric beds, as well as coordination of state regulation.

1) Purpose and intent

  • To establish and strengthen a comprehensive licensing system for psychiatric hospitals and psychiatric units in Michigan.
  • To ensure facilities providing mental health care have the required facilities and ancillary services to maintain high-quality patient care.
  • To clarify how temporary use of psychiatric beds can occur without triggering changes to bed capacity, bed category, or certificate of need (CON) reviews.
  • To improve coordination across state agencies in regulating psychiatric facilities, avoiding duplication of inspections or requirements, and ensuring consistent standards.

2) Key provisions and changes

A. Licensing framework for psychiatric facilities

  • The director of the department (presumably the Michigan Department of Health) shall establish a comprehensive licensing system for:
    • Psychiatric hospitals
    • Psychiatric units
  • The licensing system is aimed at protecting the public by ensuring facilities have necessary infrastructure and supporting services to deliver high-quality patient care.
  • The bill specifies that separate licensing criteria must be developed for hospital beds designated for minors.

B. Temporary use of inpatient psychiatric beds

  • A psychiatric hospital or unit may temporarily use a licensed inpatient psychiatric bed for:
    • An adult or a minor, if doing so is necessary to meet patient care needs.
    • The facility must comply with applicable safety, staffing, and treatment requirements established by the department.
  • Importantly, such temporary use:
    • Does not change the licensed designation of the bed.
    • Does not constitute a change in bed capacity, service category, bed classification, number of approved beds, or the department’s inventory of beds for the purpose of a CON review or any other CON standard under the Public Health Code.

C. Coordination of state regulation

  • The director is charged with coordinating all state government functions affecting psychiatric hospitals.
  • The director shall cooperate with other state agencies that establish standards or requirements for facilities providing mental health care.
  • The goal is to ensure necessary, equitable, and consistent state regulation of these facilities without duplicating inspections or services.
  • The director may enter into interagency agreements to achieve this coordination.

3) Who is affected

  • Psychiatric hospitals and psychiatric units in Michigan, which will be subject to a formal, comprehensive licensing scheme and related regulatory standards.
  • Minors and adult patients who receive care in psychiatric facilities, as the licensing framework will include separate criteria for beds designated for minors.
  • State agencies involved in mental health facility regulation and inspection, due to new coordination requirements to avoid duplication.
  • Facility administrators and operators who manage bed usage, capacity planning, and compliance with licensing and CON rules.

4) Procedural and timeline aspects

  • Status: Introduced and referred to the House Committee on Health Policy on April 28, 2026.
  • The bill text outlines procedural elements related to licensing, temporary bed use, and interagency coordination, but it does not specify:
    • A schedule or timeline for implementing the licensing framework
    • Specific fee levels or funding for licensing
    • Detailed standards or criteria (these are to be developed by the director under the new framework)

5) Notable considerations

  • The clarification that temporary use of beds does not alter bed counts or trigger new CON reviews could affect how facilities manage surge demand and patient flows without impacting regulatory thresholds.
  • Emphasis on interagency coordination suggests potential de-duplication of inspections and more unified regulatory oversight, which could streamline compliance for facilities.

If you’d like, I can compare HB 5903 to current law (MCL 330.1134 and related CON provisions) to highlight exact cross-references and potential gaps or overlaps.

Compiled from official sources — confirm details with the bill’s official record.

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