State guide
South Dakota Home Care Compliance
All six compliance areas for South Dakota home care agencies, each cited to official sources.
Last reviewed: July 24, 2026
South Dakota at a glance South Dakota nearly adopted non-medical home care licensure in 2026, but the governor vetoed HB 1138 in March 2026 — so non-medical home care remains unlicensed, and skilled home health operates primarily under Medicare certification surveyed by the DOH. South Dakota's minimum wage is $11.85 in 2026 (CPI-indexed each January 1), with no state overtime law and no paid sick leave mandate.
Requirements by category
Health Benefits & ACA → South Dakota uses HealthCare.gov, expanded Medicaid in July 2023 via constitutional amendment, and has no state benefits mandates. HealthCare.govYesNo Occupational Health → South Dakota does not license home health agencies at the state level (and does not regulate non-medical home care at all), so there is no… No specific ruleOptional (not required by law) Caregiver Training → South Dakota imposes no caregiver training requirements beyond the federal baseline: non-medical home care agencies are not licensed by… 75 (federal)None (unlicensed)12 hrs/yr (federal only) Wage & Hour → South Dakota's minimum wage is $11.85 in 2026 (CPI-indexed each January 1), with no state overtime law and no paid sick leave mandate. $11.85FLSA onlyNone Licensure & Survey Readiness → South Dakota nearly adopted non-medical home care licensure in 2026, but the governor vetoed HB 1138 in March 2026 — so non-medical home… SD Dept. of HealthSDCL Title 34 (HB 1138 vetoed…None (non-medical); Medicare… Background Checks → South Dakota has no state licensure or background check statute for home health or non-medical home care — a 2026 licensure bill (HB 1138)… NoNurse aide registry; OIG…
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Reviewed quarterly by Vitable Health.