South DakotaSouth Dakota would license agencies providing routine in-home care
South Dakota would require many businesses that arrange routine in-home help for adults to get a state license, with exemptions for several health and family care providers.
What it does
Agencies serving adults with routine help at home would need a state license. The measure also sets training, background-check, recordkeeping, and insurance requirements, with listed exceptions.
Agencies would check aides' criminal histories and ensure they complete job training. Owners and aides with certain serious convictions could not work for an agency.
Agencies would track the kind and frequency of help each client receives and keep those records private, with limited exceptions.
Argument forClients could receive safer, more accountable care because aides must learn key safety skills, agencies check criminal records, and the state can inspect for cause.
Argument againstAgencies might face higher costs and delays from fees, training, background checks, and insurance, which could make care harder to arrange for clients.
More detail
The Department of Health would license non-medical home care agencies and could deny, suspend, or revoke licenses for violations. The rules cover businesses that provide, or employ or contract with aides to provide, at least two listed kinds of routine non-medical help to adults in their homes. Several health and care providers, referral-only services, and family caregivers are excluded. Agencies would pay a department-set fee capped at $100 and provide owner details, training and background-check attestations, and proof of insurance. The department could inspect during business hours for reasonable cause after giving notice. The provisions are scheduled to take effect January 1, 2027.
Agencies would ensure aides complete at least eight hours of training and pass a criminal history check; owners and aides must have no listed disqualifying convictions. These requirements apply to agency owners and aides the agency employs or contracts with. Disqualifying convictions include crimes of violence, specified sex crimes, and Class A or B felonies. Training must include at least two hours on dementia care and at least six hours on specified safety, daily care, privacy, and abuse-reporting topics. A licensed, certified, or registered health professional can meet the training requirement with documentation of training on those topics. An agency may hire an aide temporarily while a check is pending, and may terminate the aide if the check finds a disqualifying record. Aides must complete the training during their first six months of employment or contract.
Agencies would keep records of each client's services and protect client information; the department could request those records. The records must show the type and frequency of services provided to each client. Client information may be disclosed only as the law allows or with permission from the client or the client's representative. The department may request client records; no further timing is stated.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Delivered veto sustained to the Secretary of State H.J. 583Latest
- Vote recorded Veto override. Result: fail.Lower
- Mar 30Veto override , Failed, YEAS 36, NAYS 27 H.J. 582Minor
- Mar 30Vetoed by the Governor Larry Rhoden H.J. 580Major
- Mar 11Delivered to the Governor on 2026-03-11 H.J. 556To Governor
- Mar 10Signed by the President S.J. 512Passed Senate
- Mar 9Signed by the Speaker H.J. 542Passed House
- Mar 5Senate Do Pass Amended , Passed, YEAS 20, NAYS 14 S.J. 482
- Vote recorded Do Pass Amended. Result: pass.Upper
- Mar 4Health and Human Services Do Pass , Passed, YEAS 5, NAYS 2 S.J. 27Minor
- Vote recorded Do Pass. Result: pass.Upper
- Mar 4Scheduled for hearing S.J. 1
- Feb 20First read in Senate and referred to Senate Health and Human Services S.J. 340Minor
- Feb 19House of Representatives Do Pass Amended , Passed, YEAS 41, NAYS 25 H.J. 370
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 19House of Representatives Motion to amend , Passed, H.J. 370 Amendment 1138CMajor
- Feb 18Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 48, NAYS 19 H.J. 354
- Vote recorded Placed on calendar pursuant to JR 6F-6. Result: pass.Lower
- Feb 17Health and Human Services Report out of committee without recommendation as amended , Passed,
- Feb 17Recalled from committee (Rule 7-7) , Passed, H.J. 333
- Feb 10Health and Human Services Deferred to the 41st legislative day , Passed, YEAS 8, NAYS 5
- Vote recorded Deferred to the 41st legislative day. Result: pass.Lower
- Feb 10Health and Human Services Motion to amend , Passed, Amendment 1138BMajor
- Feb 10Scheduled for hearing
- Feb 10Health and Human Services Motion to amend , Passed, Amendment 1138AMajor
- Feb 10Scheduled for hearing
- Jan 27Referred to House Health and Human Services H.J. 150Minor
- Jan 26First Reading House H.J. 135Introduced
- Mar 30Delivered veto sustained to the Secretary of State H.J. 583Latest
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