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Bill

HB 1138

require the licensure of non-medical home care agencies, and to provide a penalty therefor.

2026 Regular Session Introduced by Roger DeGroot and 12 co-sponsors

South Dakota requires licensure for non-medical home care agencies, establishing regulatory oversight with penalties for non-compliance.

Delivered to the Governor on 2026-03-11 H.J. 556
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Bill Summary · HB 1138

Legislative bill overview

HB 1138 establishes a state licensure requirement for non-medical home care agencies in South Dakota, creating regulatory oversight where previously these agencies may have operated without specific licensing mandates. The bill includes penalties for agencies that fail to comply with the new licensure standards.

Why is this important

Non-medical home care services—such as assistance with daily living activities, meal preparation, and companionship—serve a growing population of elderly and disabled individuals who wish to age or recover in place. Without licensure requirements, there are limited quality assurance mechanisms, consumer protections, or accountability measures for these service providers, making regulatory oversight a public health and safety concern.

Potential points of contention

  • Regulatory burden on small providers: Non-medical home care is often delivered by small, independent agencies and sole proprietors who may face significant compliance costs, potentially reducing service availability or increasing consumer costs
  • Definition and scope clarity: The bill's amendments suggest debate over what constitutes a "non-medical" home care agency and which services should trigger licensure requirements, affecting which providers are regulated
  • Market impact: Licensure requirements may create barriers to entry that reduce competition, affect pricing, or consolidate the market toward larger corporate providers at the expense of local/family-owned agencies

Compiled from official sources — confirm details with the bill’s official record.

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