South Dakota will now require companies that provide non-medical home care services—such as assistance with bathing, meal preparation, medication reminders, and companionship—to obtain a state license from the Department of Health before operating in the state. Anyone who operates or advertises a home care agency without this license will face criminal penalties as a Class 1 misdemeanor. This creates a new licensing requirement where previously no state oversight existed for these types of home care businesses.
This bill does not directly amend codified state law.
The engrossed version BROADENS the bill's scope by expanding the definition of non-medical home care agencies to require licensure based on operating "as a regular part of a business" (rather than just "for consideration"), adding transportation as a covered service, requiring professional liability insurance and criminal background checks, and reducing the minimum training requirement for home care aides from ten hours to eight hours while adding a two-hundred-dollar late fee for delayed license renewals.
The amendment NARROWS the definition of what constitutes a non-medical home care agency and the services it provides by requiring agencies to operate "for compensation" as a regular business practice, limiting covered services to "two or more" specific activities, and removing "transportation" from the list of covered services. These changes make the licensure requirements apply to a more limited set of home care providers while removing some previously covered service types from regulation.
The amendment changed the bill's codification number from 26.607.27 to 26.607.28 and reformatted it from the "House Engrossed" version to the "Enrolled" version for final passage, which are technical legislative processing changes with no substantive impact on the bill's requirements for licensing non-medical home care agencies.
House of Representatives Delivered veto sustained to the Secretary of State H.J. 583
House of Representatives Veto override Failed, YEAS 36, NAYS 27. H.J. 582
House of Representatives Vetoed by the Governor H.J. 580
Delivered to the Governor H.J. 556
Signed by the President S.J. 512
Signed by the Speaker H.J. 542
Senate Do Pass Amended Passed, YEAS 20, NAYS 14. S.J. 482
Health and Human Services Do Pass Passed, YEAS 5, NAYS 2. S.J. 27
Health and Human Services Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Health and Human Services S.J. 340
House of Representatives Do Pass Amended Passed, YEAS 41, NAYS 25. H.J. 370
House of Representatives Motion to amend H.J. 370
House of Representatives Placed on calendar pursuant to JR 6F-6 Passed, YEAS 48, NAYS 19. H.J. 354
Health and Human Services Report out of committee without recommendation as amended
House of Representatives Recalled from committee (Rule 7-7) House Health and Human Services H.J. 333
Health and Human Services Deferred to the 41st legislative day Passed, YEAS 8, NAYS 5.
Health and Human Services Motion to amend
Health and Human Services Scheduled for hearing
Health and Human Services Motion to amend
Health and Human Services Scheduled for hearing
House of Representatives Referred to House Health and Human Services H.J. 150
First Reading House H.J. 135
Prime sponsor · Rep.
R
Prime sponsor · Sen.
R
Veto override
Do Pass Amended
Health and Human Services — Do Pass
Do Pass Amended
Placed on calendar pursuant to JR 6F-6
Health and Human Services — Deferred to the 41st legislative day