Search Bills

Prohibit the reporting of medical debt to a consumer reporting agency and to provide a penalty therefor.

Medical debt collectors and creditors in South Dakota are banned from reporting medical debt to credit reporting agencies, with violations punishable as a Class 2 misdemeanor. Additionally, hospitals must stop collection efforts while a patient appeals an insurance denial and must first check if the patient qualifies for the hospital's financial assistance program before pursuing collection.

Modify practice criteria for physician assistants.

HB1071 changes the definitions and requirements for how physician assistants work in South Dakota by replacing the term "supervising physician" with "collaborative agreement" language that emphasizes consultation and referral based on patient needs rather than direct oversight. The bill modifies the definition of "collaboration" to focus on the physician assistant's consultation with other healthcare providers based on the patient's condition, the assistant's qualifications, and standard care—rather than requiring a specific supervising physician relationship. These changes give physician assistants more flexibility in their practice by shifting from a supervision model to a collaboration model.

Require the submission of medical, dental, and pharmaceutical claims data to the Division of Insurance and to establish a health care data system.

HB1102 eliminates several outdated insurance data reporting requirements and creates a new statewide health care data system where health insurers and dental insurers must submit claims information to the Division of Insurance. This centralized database will be used to help the government, insurers, and health care providers analyze costs, quality, access, and performance across South Dakota's health care system.

Establish provisions related to the treatment of pain with non-opioid drugs.

South Dakota will require both the state Medicaid program and private health insurance companies to treat FDA-approved non-opioid pain medications fairly compared to opioid drugs on their coverage lists. This means insurers cannot make it harder or more expensive for patients to access non-opioid alternatives to opioids when treating pain. The law takes effect immediately for any new non-opioid pain drugs approved by the FDA.

Require hospitals to implement drug testing programs.

South Dakota hospitals must create drug testing programs by January 1, 2026, requiring them to test all job applicants before hiring and randomly test each current employee at least once per year. The tests will screen for alcohol, amphetamines, cocaine, marijuana, opioids, and phencyclidine in hospital staff including full-time, part-time, temporary, and contracted workers.

Prohibit a hospital from reporting medical debt for collection in certain situations.

This bill prevents hospitals from sending medical debt to collection agencies in six specific situations: when a patient appeals an insurance denial, before checking if the patient qualifies for hospital financial assistance, before providing an itemized bill, for 30 days after written notice of collection action, while the patient is negotiating the bill amount in good faith, or while the patient is making payments under an agreed payment plan. Patients who believe a hospital violated these protections can sue the hospital for actual damages and attorney's fees.

Update and repeal provisions related to the reporting of hospital charge information.

This bill streamlines hospital charge reporting requirements by clarifying that hospitals must report charge data annually to the South Dakota Association of Healthcare Organizations and specifying what information must be included (discharge numbers, average costs, insurance payment details, etc.). The bill removes a separate requirement for the Association to develop a public web-based reporting system, though hospitals will still need to report the same information to the state health department under rules to be created.

Address preauthorization requirements for certain health care services and utilization review requirements for certain health benefit plans.

Senate Bill 87 updates South Dakota's health insurance regulations to clarify what counts as an "adverse determination" when insurers deny or limit coverage for health care services. The bill defines adverse determinations to include denials based on medical necessity reviews, eligibility decisions, prospective or retrospective reviews, and coverage rescissions, ensuring insurers must follow consistent standards when making these decisions.

Prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies and to provide a penalty therefor.

This bill adds a new rule to South Dakota's consumer protection law making it illegal for pharmaceutical manufacturers and wholesale drug distributors to interfere with contracts between 340B entities (hospitals and health systems that buy drugs at discounted prices) and pharmacies. Violators would face penalties under the state's deceptive practices laws.

Revise provisions related to pharmacy and to increase fees.

HB1016 overhauls South Dakota's pharmacy regulations by streamlining and reorganizing the state's pharmacy laws, removing outdated provisions, and modernizing definitions and licensing requirements. The bill makes extensive changes to how pharmacists are regulated, supervised, and what services they can provide, while also updating fee structures for pharmacy licenses and related permits. This comprehensive revision affects nearly every aspect of pharmacy practice under state law, from compounding rules to prescription handling to professional responsibilities.

Modify medical cannabis certification requirements.

HB1055 modifies the requirements for doctors to certify patients for South Dakota's medical cannabis program by clarifying that practitioners must complete a medical history assessment and in-person physical exam at the initial visit, and the patient must be under the doctor's ongoing care for their qualifying medical condition. The bill also refines what counts as an "allowable amount" of cannabis patients can possess, including up to three ounces plus cannabis products, and allows patients with cultivation permits to grow up to four plants and possess additional cannabis produced from those plants at their home.

Prohibit cost-sharing in certain health insurance policies for diagnostic and supplemental breast imaging examinations.

South Dakota health insurance policies would no longer be allowed to charge deductibles, copayments, or coinsurance for medically necessary breast cancer screening, diagnostic breast exams, or supplemental breast exams. The bill defines each type of exam—screening exams for routine checks, diagnostic exams for follow-up on abnormalities, and supplemental exams for people at higher risk based on family history or dense breast tissue. This requirement applies to insurance policies regulated under state law and removes out-of-pocket costs that patients currently may have to pay for these breast imaging services.

Modify the community paramedic endorsement.

South Dakota is modifying its community paramedic endorsement to give paramedics an additional way to qualify—they can now become certified community paramedics either by completing the state's approved education and training requirements or by obtaining certification from the International Board of Specialty Certification. This change simplifies the process by allowing paramedics to use nationally recognized certification as an alternative path to getting the state endorsement.

Require the coverage of biomarker testing in certain health insurance policies.

Starting January 1, 2026, health insurance policies sold in South Dakota must cover biomarker testing (blood, tissue, or other specimen analysis that identifies disease markers) when a doctor orders it for diagnosis, treatment, or monitoring of a patient's condition, as long as the testing is supported by medical evidence. The requirement applies to both individual and group health insurance policies, though it excludes limited-benefit plans like disease-specific coverage.

Allow individualized investigative treatments for patients with life-threatening or debilitating diseases or conditions.

This bill expands access to experimental treatments for patients with life-threatening or severely debilitating diseases by allowing them to try investigative drugs and treatments—including personalized treatments based on their genetic makeup—if they've exhausted FDA-approved options and their doctor recommends it. The law creates new eligibility requirements and protections, including informed consent and physician attestation, while removing previous restrictions on who can receive these experimental treatments. This is sometimes called "right to try" legislation, giving terminally ill patients another potential avenue when standard treatments have failed.

Provide for conscience exemptions from certain vaccinations.

South Dakota law currently requires people suspected of having serious diseases like tuberculosis or smallpox to accept medical treatment, with violations being a crime. This bill adds a new "conscience exemption" that allows individuals to refuse treatment for diseases subject to public health emergencies based on their personal beliefs about right and wrong, and prohibits employers and schools from taking disciplinary action against those who exercise this exemption. The bill essentially creates a legal protection for people who reject certain medical treatments on grounds of conscience during declared health emergencies.

Address preauthorization requirements for certain health care services and utilization review requirements for certain health benefit plans.

SB158 updates South Dakota's rules about how health insurance companies review and approve medical services before they're provided. The bill clarifies what counts as a denied claim and defines key terms like "ambulatory review" (outpatient care review) and "authorized representative" in the state's health insurance regulation chapter. These changes make the preauthorization and utilization review process more clearly defined for health benefit plans.

Prohibit a health care provider from restricting or denying a parent or guardian's access to certain medical records and other health information of a minor.

This bill requires health care providers to give parents and guardians full access to their minor child's medical records, electronic health information, and patient portals—unless the minor obtained care legally without parental consent or knowledge. Any agreement between a provider and parent that tries to block this access is now void and unenforceable. The law essentially prevents doctors' offices from keeping medical information hidden from parents.

Adopt the dietitian licensure compact.

South Dakota is adopting an interstate agreement that allows licensed dietitians to practice in multiple states without needing separate licenses in each state, making it easier for dietitians to relocate and serve patients across state lines. The bill requires dietitians participating in this compact to undergo a fingerprint-based criminal background check at their own cost. This agreement reduces paperwork burdens on both dietitians and state regulators while maintaining South Dakota's ability to protect public health and safety.

Revise provisions related to the practice of physician assistants.

This bill replaces the requirement for physician assistants to have "supervising physicians" with a new system based on "collaborating physicians" who work with PAs as part of a healthcare team rather than directly supervising them. The bill also updates related definitions and the collaborative agreement process to reflect this shift from a supervision model to a collaboration model.

Establish and modify provisions for the temporary training of nonresident physicians.

Out-of-state physicians with active licenses can now train at South Dakota medical facilities for up to 90 days without getting a state license, as long as they register with the State Board of Medical and Osteopathic Examiners, provide proof of malpractice insurance, and pay a $50 fee. The training must occur under direct supervision of a South Dakota-licensed physician who is physically present at the same facility. These temporary physicians remain subject to the same board discipline and oversight as licensed South Dakota physicians.

Expand eligibility for the rural recruitment assistance program to include chiropractors and optometrists.

South Dakota's rural recruitment assistance program, which currently helps communities attract physicians and dentists, will now also include chiropractors and optometrists as eligible health care professionals. The Department of Health can use this program to offer recruitment assistance to these additional practitioners willing to practice in eligible rural communities for at least three years.

Make an appropriation to reimburse health care professionals who have complied with the requirements for rural recruitment assistance programs, and to declare an emergency.

South Dakota will pay out a total of about $2.1 million to reimburse healthcare professionals—including family doctors, dentists, physician assistants, and nurse practitioners—who completed requirements under the state's rural recruitment assistance programs. The money comes from the state's general fund and will be distributed by the Department of Health to those who met the program standards. The bill declares an emergency so these reimbursements can happen immediately.

Establish provisions related to the disclosure of COVID-19 vaccination status and blood donations.

Blood donation centers in South Dakota must ask donors whether they've received a COVID-19 vaccine and label blood bags from vaccinated donors with that information (without revealing the donor's identity). Patients needing non-emergency blood transfusions can request blood from unvaccinated donors, and hospitals must honor that request if such blood is available.

Provide an exception for employers to acquire and distribute opioid antagonists that are available over the counter.

HB 1141 allows employers to freely acquire and distribute over-the-counter opioid antagonists (like naloxone/Narcan) to employees and the public without needing to follow the strict protocols currently required for prescription versions, such as having a licensed health care professional dispense them or providing specific training. The bill also protects employers and their staff from liability if someone is harmed or dies from the administration, self-administration, or failure to administer an over-the-counter opioid antagonist, as long as there's no gross negligence involved.

Revise provisions related to forensic medical examinations.

South Dakota counties must now pay the full cost of forensic medical exams for sexual assault victims, with the law explicitly spelling out what services are covered—including physical exams, evidence collection, drug and alcohol screening, lab tests for STDs, medications, and imaging services. This clarifies and expands the definition of what counties must fund when victims receive these exams at hospitals or clinics.

Make an appropriation for grants to support the purchase of telehealth kiosks.

The state will provide $1 million in grants through the Department of Health to help people purchase and operate telehealth kiosks—self-service terminals where people can access remote medical services and health information—in public locations. Priority for these grants goes to counties with small populations (15,000 or fewer) that have below-average life expectancy, or communities that lack easy access to doctors. The Department of Health will set up an application process for people interested in getting these grants.