Long-Term Care Insurance Act

A mayor of a Municipality must, without delay, provide notification of the name of said Designated Community-Based Service Provider, the location of the Business Office pertaining to said designation, and other matters specified by Order of the Ministry of Health, Labour and Welfare to the prefectural governor and give public notice thereof in the following cases:

when an appointment as service provider as set forth in the main clause of Article 42-2, paragraph (1) is determined;

when notification of abolishment of business has been provided pursuant to the provisions of Article 78-5, paragraph (2);

when the appointment as service provider as set forth in the main clause of Article 42-2, paragraph (1) is declined pursuant to the provisions of Article 78-8;

when an appointment as service provider as set forth in the main clause of Article 42-2, paragraph (1) is rescinded, or the effect of the whole or a part of an appointment as service provider is suspended, pursuant to the provisions of the preceding Article.

The provisions of Article 70-2, Article 71 and Article 72 apply mutatis mutandis to the designation set forth in the main clause of Article 42-2, paragraph (1). In this case, the term "the preceding Article" in Article 70-2, paragraph (4) is deemed to be replaced with "Article 78-2", and other necessary technical replacement of terms is provided by a Cabinet Order.

A mayor of a Municipality, when it is determined to be particularly necessary for securing the prospective volume of, and improving the quality of, Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc. (meaning a Community-Based Service other than Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, and Daily Life Long-Term Care for a Person Admitted to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care, that is Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, Multifunctional Long-Term Care in a Small Group Home, or another service specified by Order of the Ministry of Health, Labour and Welfare; the same applies hereinafter in this paragraph) in said Municipality as provided for in the Municipal Insured Long-Term Care Service Plan that said Municipality provides pursuant to the provisions of Article 117, paragraph (1), or in the area that said Municipality provides pursuant to the provisions of paragraph (2), item (i) of the same Article, is to make, by public invitation, during the period that the mayor specifies (hereinafter referred to as the "Period Designated by the Mayor of a Municipality"), the designation set forth in the main clause of that paragraph pertaining to a Business Office located in an area that the mayor specifies as an area in which it is appropriate to make the designation set forth in the main clause of Article 42-2, paragraph (1) by public invitation in order to secure said prospective volume (hereinafter referred to as the "Area Designated by the Mayor of a Municipality") (limited to a Business Office that conducts the business of those among Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., that said mayor specifies (hereinafter referred to as "Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality"); hereinafter referred to as a "Business Office for an Area and Service Designated by the Mayor of a Municipality").

With regard to the designation set forth in the main clause of Article 42-2, paragraph (1) pertaining to a Business Office for an Area and Service Designated by the Mayor of a Municipality during the Period Designated by the Mayor of a Municipality, the provisions of Article 78-2 do not apply.

A mayor of a Municipality, with regard to an application for designation as set forth in Article 78-2, paragraph (1) pertaining to a Business Office for an Area and Service Designated by the Mayor of a Municipality that was filed by the day before the start date of said Period Designated by the Mayor of a Municipality and for which no disposition as to whether to make the designation has been made at the start of said Period Designated by the Mayor of a Municipality, is to make a disposition on said application, notwithstanding the provisions of the preceding paragraph.

The provisions of the preceding paragraph apply mutatis mutandis to a case where a mayor of a Municipality expands an Area Designated by the Mayor of a Municipality or adds Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality. In this case, the necessary technical replacement of terms is provided by a Cabinet Order.

The designation set forth in the main clause of Article 42-2, paragraph (1) that is made pursuant to the provisions of paragraph (1) of the preceding Article (hereinafter referred to as "Designation by Public Invitation") is to be made, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, for each type of Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality and each Business Office that conducts the business of Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality pertaining to the type of said Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality, and is to have an effect on the payment of an Allowance for Community-Based Long-Term Care Service or an Exceptional Allowance for Community-Based Long-Term Care Service to an Insured Person of Long-Term Care Insurance (in the case of a Designation by Public Invitation pertaining to a Specified Community-Based Service, including an Insured Person Requiring Long-Term Care to Whom the Domicile Exception Applies who is undergoing Admission, etc. to a Facility Subject to Domicile Exception located within the area of said Municipality) provided by a Municipality of which the mayor who makes said Designation by Public Invitation is the head.

A mayor of a Municipality, when intending to make a Designation by Public Invitation, is to conduct a selection by a fair method from among the applicants in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, and determine the Designated Community-Based Service Provider.

The provisions of Article 78-2, paragraph (2), paragraph (4) (excluding items (iv), (vi)-2, (x) and (xii)), paragraph (5), paragraph (6) (excluding item (i)-2, item (iii)-2 and items (iii)-4 through (v)), paragraph (7) and paragraph (8) apply mutatis mutandis to a Designation by Public Invitation. In this case, the necessary technical replacement of terms with regard to these provisions is provided by a Cabinet Order.

A Designation by Public Invitation, notwithstanding the provisions of Article 70-2 as applied mutatis mutandis in Article 78-12, ceases to be effective upon the lapse of a period that said mayor of the Municipality specifies within a range not exceeding six years counted from the day of the designation.

The provisions of Article 70-2 as applied mutatis mutandis in Article 78-12 do not apply to the designation set forth in the main clause of Article 42-2, paragraph (1) pertaining to a Business Office for an Area and Service Designated by the Mayor of a Municipality that is in effect at the start of the Period Designated by the Mayor of a Municipality (excluding a Designation by Public Invitation) and the designation set forth in the main clause of Article 42-2, paragraph (1) made pursuant to the provisions of Article 78-13, paragraph (3) (hereinafter referred to as "Designation Valid at the Start of the Designated Period" in the following paragraph).

A Designation Valid at the Start of the Designated Period ceases to be effective when the period prescribed in each of the following items has elapsed, in accordance with the categories listed in those items:

a Designation Valid at the Start of the Designated Period other than the Designation Valid at the Start of the Designated Period listed in the following item: six years from the day on which said Designation Valid at the Start of the Designated Period was made or the day following the day of expiry of the previous period set forth in Article 70-2, paragraph (1) as applied mutatis mutandis in Article 78-12 (referred to as the "Previous Effective Period of Designation" in the same item), whichever is the most recent;

said Designation Valid at the Start of the Designated Period in the case where a Designated Community-Based Service Provider that has received a Designation Valid at the Start of the Designated Period receives a Designation by Public Invitation pertaining to said Business Office for an Area and Service Designated by the Mayor of a Municipality: the period from the most recent of the day on which said Designation Valid at the Start of the Designated Period was made or the day following the day of expiry of the Previous Effective Period of Designation until the day before the day on which said Designation by Public Invitation was made.

A mayor of a Municipality, with regard to an application for renewal of the appointment as service provider as set forth in Article 70-2, paragraph (1) as applied mutatis mutandis in Article 78-12 pertaining to a Business Office for an Area and Service Designated by the Mayor of a Municipality that was filed by the day before the start date of said Period Designated by the Mayor of a Municipality and for which no disposition as to whether to renew the appointment as service provider has been made at the start of said Period Designated by the Mayor of a Municipality, is to make a disposition on said application, notwithstanding the provisions of paragraph (2).

The provisions of the preceding three paragraphs apply mutatis mutandis to a case where a mayor of a Municipality expands an Area Designated by the Mayor of a Municipality or adds Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality. In this case, the necessary technical replacement of terms is provided by a Cabinet Order.

A mayor of a Municipality, when intending to specify the Period Designated by the Mayor of a Municipality, the Area Designated by the Mayor of a Municipality, and the Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality, must give public notice in advance of that fact and the date on which the effect arises with regard to the Area Designated by the Mayor of a Municipality and the Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality.

The provisions of the preceding paragraph apply mutatis mutandis to a change in the Period Designated by the Mayor of a Municipality, the Area Designated by the Mayor of a Municipality, or the Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality.

With regard to the application of Article 78-2, paragraphs (4), (6) and (11), Article 78-5, paragraph (2), and Article 78-9 through Article 78-11 to a Designation by Public Invitation, the phrase "excluding Daily Life Long-Term Care for a Person Admitted to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care" in that paragraph is deemed to be replaced with "limited to Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc., Specified by the Mayor of a Municipality pertaining to a Designation by Public Invitation", and the phrase "by one month prior to" with "by the day specified by the mayor of the Municipality that is one month or more prior to", and other necessary technical replacement of terms is provided by a Cabinet Order.