The short answer South Dakota has no state licensure or background check statute for home health or non-medical home care — a 2026 licensure bill (HB 1138) was vetoed — so screening rests on federal Medicare certification standards, Medicaid provider requirements, nurse aide registry checks, and voluntary FCRA-compliant vendor checks.
What South Dakota requires
South Dakota
No state licensure or check mandate. South Dakota does not license home health agencies or non-medical home care agencies at the state level and has no statute requiring criminal background checks for home care workers; agencies serving Medicare patients obtain federal certification, whose Conditions of Participation defer to state law on screening.
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Nurse aide registry. The South Dakota Board of Nursing/DOH nurse aide registry lists certification status and abuse findings; a finding of abuse, neglect, or misappropriation bars employment as an aide.
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Medicaid providers. DSS Medicaid provider agreements require screening against OIG exclusion lists and disclosure of criminal convictions for home-delivered service providers.
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Private-pay practice. For private-pay non-medical care, name-based checks through the Division of Criminal Investigation or FCRA-compliant vendors are the practical standard absent a statutory mandate; a 2026 bill (HB 1138) that would have licensed non-medical home care agencies and required criminal background checks and training was vetoed by Governor Rhoden, and the legislature failed to override the veto.
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The federal baseline (applies in every state)
Federal
No universal federal mandate. There is no federal law requiring criminal background checks for private-pay home care workers; requirements are set state by state. HHS OIG found wide variation in state home health background check requirements, and Medicare Conditions of Participation for home health agencies defer to state law on screening.
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National Background Check Program (ACA Section 6201). Section 6201 of the Affordable Care Act created the CMS National Background Check Program, which awarded grants to more than 25 states to build fingerprint-based, comprehensive background check systems for direct patient access employees of long-term care providers, including home health agencies and personal care providers.
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FCRA obligations. When an agency uses a consumer reporting agency (third-party background check vendor), the federal Fair Credit Reporting Act requires a standalone written disclosure, the applicant's written authorization, and the pre-adverse action / adverse action notice process (copy of the report and Summary of Rights) before rejecting a candidate based on the report.
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OIG exclusion list (LEIE). Home care providers that bill Medicare or Medicaid must not employ or contract with individuals excluded from federal health care programs. HHS OIG maintains the List of Excluded Individuals/Entities (LEIE); CMS and state Medicaid agencies expect screening at hire and monthly thereafter, and payments tied to excluded persons are subject to recovery and civil monetary penalties.
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