MDHHS Proposes Updated Non-Available Bed Plan

With the current non-available bed plan (NABP) flexibilities under MSA 21-43 scheduled to end September 30, 2025, HCAM has been working with the Michigan Department of Health and Human Services (MDHHS) and the Michigan Legislature on a solution. At a June MDHHS Nursing Facility Partnership meeting, the department proposed a one-year, stopgap non-available bed plan option effective October 1, 2025, through September 30, 2026. MDDHS suggested that this policy would be a bridge to a more permanent non-available bed plan solution that would start October 1, 2026.

MDHHS will formally issue the proposed stopgap policy in mid-July. It is expected to include the following elements:

• All bed plan extension under MSA 21-43 and MMP 24-13 will expire September 30, 2025.
• Beginning October 1, 2025, there will be one NABP allowed, with no changes or alterations. This plan can be up to 12 months and can begin on or after October 1, 2025.
• Providers can designate individual beds within a room that are not being used for resident care as non-available. There are no discrete area or contiguous physical arrangement requirements for the designation of a non-available bed.
• The common physical space within a room containing both non-available beds and available beds will not be designated as a non-available bed area.

HCAM will continue to work with MDHHS on the updated policy and long-term solution. Questions? Email HCAM’s Mike Batts.