Care-facility inspections
How nursing homes and care facilities in South Dakota are inspected, licensed, and held to account.
14 laws · 10 enforcement actions · 5 guides
See the details
The laws 14
- SDCL 34-12-1.1, ch. 34-12 (Regulation of Hospitals and Related Institutions) — Definitions: defines "assisted living center" as any institution, rest home, boarding home, place, building, or agency maintained and operated to provide persona… sdlegislature.gov
- SDCL 34-12-2, ch. 34-12 — License required to operate institution: no person, partnership, LLC, association, or corporation (including public/municipal corporations) may establish, conduct, or maintain any health care facility or related in… sdlegislature.gov
- SDCL 34-12-7, ch. 34-12 — Department of Health authorized to issue licenses, promulgation of rules: DOH may issue annual or biennial licenses (with prorated fees and multiple licenses for facilities providing different levels of care) to co… sdlegislature.gov
- SDCL 34-12-13, ch. 34-12 — Rules to protect patients' health and safety: authorizes DOH to promulgate rules on sanitary/safe premises, fire safety and construction, management, physician services, nursing and related care, dietetic services… sdlegislature.gov
- SDCL 34-12-16, ch. 34-12 — Inspection of licensed health care facilities; exception; refusal to allow inspection; sdlegislature.gov
- SDCL 34-12-19, ch. 34-12 — Grounds for suspension or revocation of license: DOH may suspend or revoke a facility license for (1) violating the chapter or its rules, (2) permitting/aiding/abetting an unlawful act in the institution, (3) cond… sdlegislature.gov
- SDCL 34-12-20, ch. 34-12 — Procedure for suspension or revocation of license: no license may be suspended or revoked except in compliance with SDCL ch. 1-26 (the state's Administrative Procedure Act contested-case requirements) sdlegislature.gov
- SDCL 34-12-22, ch. 34-12 — Appeal from department: any person aggrieved by a DOH decision or ruling under this chapter may appeal under SDCL ch. 1-26 sdlegislature.gov
- SDCL 34-12-32, ch. 34-12 — Residential services for elderly or disabled persons; registration; forms and procedures; sdlegislature.gov
- SDCL 34-12-33, ch. 34-12 — Inspection of elderly or disabled person residential care facility; authorization; sdlegislature.gov
- SDCL 34-12-34, ch. 34-12 — Failure to register; notice; closure: if a health care facility has not secured a required license, DOH must notify the owner/operator; if uncorrected within 14 calendar days, DOH shall (subject to ch. sdlegislature.gov
- SDCL 34-12-35.6, ch. 34-12 — Redistribution of existing nursing facility beds: notwithstanding the general bed-cap statutes, DOH may authorize increasing beds at an existing nursing facility or constructing a new one, so long as the statewi… sdlegislature.gov
- SDCL 34-12-35.7, ch. 34-12 — Annual consideration of need for additional nursing facility beds or new nursing facilities: requires DOH, with DHS assistance, to annually weigh factors (current bed supply, projected need, beds available for r… sdlegislature.gov
- SDCL 34-12-67, ch. 34-12 — Assisted living facility resident visitation rights: each assisted living resident has a right to receive visitors of the resident's own choosing at the time of the resident's own choosing, subject to reasonable c… sdlegislature.gov
Know your rights 5
- DOH Office of Licensure & Certification (OLC) Newsletter hub — a recurring provider compliance/education publication archived back to 2022; doh.sd.gov
- DOH Regulatory Compliance & Review Department, "Health Facility Regulation FAQs" — public-facing guidance on what the department reviews (quality of care, resident/patient rights, health and safety, infection control, staffing/training), wh… doh.sd.gov
- DOH "Assisted Living Centers" facility-type hub — provider/public guidance page linking the governing rule (ARSD 44:70), the state Food Code (ARSD 44:02:07), the Nurses rule (ARSD 20:48), the definitional statute (SDCL 34-12-1.1), the SD As… doh.sd.gov
- DOH "Home Health Agencies (HHA)" facility-type page — an important state-boundary disclosure: "South Dakota does not require state licensure for certified HHAs," meaning home health in SD is regulated almost entirely through federal CMS cer… doh.sd.gov
- DOH "Community Living Home" facility-type page — provider/public guidance defining the setting (family-style residence, 1-4 unrelated adult residents, one or more regularly scheduled health-related services), linking the Community Living Ho… doh.sd.gov
Enforcement actions 3
- DOH "Nursing Facility Reports" — the state's own named-facility, dated Statement of Deficiencies / Plan of Correction search-by-town directory; searched live and confirmed real content for e.g. doh.sd.gov
- DOH "Assisted Living Center Reports" — the parallel named-facility, dated survey/complaint report directory for SD's licensed assisted living centers, confirmed live with dozens of named facilities across A-B towns alone (e.g. doh.sd.gov
- DOH "Community Living Home Reports" — the named-facility survey/complaint directory for SD's licensed community living homes (the smallest, family-style setting under ARSD 44:82); doh.sd.gov
Orders & settlements 7
- ARSD Article 44:73 (Nursing Facilities) — the operative nursing-facility survey/licensing rule (12 chapters: general applicability, physical environment, fire protection, management/administration, physician/PA/NP services, nursing services… sdlegislature.gov
- ARSD ch. 44:73:11 (Resident's Rights, within Article 44:73 Nursing Facilities) — implements resident-rights protections consistent with 42 C.F.R. sdlegislature.gov
- ARSD Article 44:70 (Assisted Living Centers) — the state's dedicated assisted-living licensing/survey rule (10 chapters mirroring the nursing-facility structure: general applicability, physical environment, fire protection, management, nurs… sdlegislature.gov
- ARSD Article 44:82 (Community Living Home) — licenses SD's small (up to 4-resident) family-style residential-support setting; ch. sdlegislature.gov
- ARSD Article 44:77 (Adult Foster Care) — licenses the family-style "adult foster care home" defined at SDCL 34-12-1.1(1) (no more than 4 unrelated aged/blind/disabled adults); ch. sdlegislature.gov
- ARSD Article 44:79 (Inpatient Hospice Facilities) — the state's inpatient-hospice licensure/survey rule (10 chapters: general applicability, physical environment, fire protection, management, nursing/related care, dietetic services, medicat… sdlegislature.gov
- ARSD Article 44:23 (Residential Living Centers), ch. 44:23:01 (Registration of Residential Living Centers) — the state's registration-only (not licensure) regime for room/meals/daily-living-service homes serving 2+ unrelated elderly or disa… sdlegislature.gov
Court decisions
None on file yet — the federal backstop still applies.
Official notices 2
- DOH, "Annual Report on the Need for Additional Nursing Facility Beds or Nursing Facilities" (dated November 25, 2025) — the statutorily-mandated (SDCL 34-12-35.7) public report covering the history of the nursing-facility bed moratorium, a… doh.sd.gov
- "Annual Report on Improving Alzheimer's and Related Dementia Services in South Dakota" (dated January 13, 2026), prepared for the House Health and Human Services Committee jointly by the SD Department of Human Services and DOH — a legislati… doh.sd.gov