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 amendment BROADENS the definition of "non-medical home care agency" by removing the "for consideration" requirement and instead defining it as any entity that "as a regular part of a business" provides such services, and EXPANDS the scope of covered services to include transportation while REDUCING training requirements from ten hours to eight hours total (with the Alzheimer's/dementia component remaining at two hours and other training reduced from eight to six hours). The changes also add new licensing requirements including professional liability insurance and late renewal fees, making the regulatory framework more comprehensive.
The amendment NARROWED the definition of non-medical home care services by requiring that agencies provide "two or more of" the listed services (rather than any single service) and removed transportation from the list of qualifying services. The amendment also added specificity to client eligibility (must be at least eighteen years old), clarified that home care aides must be compensated for their work, and added a timeline requirement that training be completed "during the first six months of employment or during the first six months of a contract for" services.
The amendment converted the bill from its working "engrossed" version to its final "enrolled" version by removing formatting markup (underscores and overstrikes indicators) and updating the bill section numbering from 26.607.27 to 26.607.28, but made no substantive changes to the licensing requirements, penalties, training standards, or other regulatory provisions for 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