Long-Term Care Insurance Act

A Designated Provider of Community-Based Service for Preventive Long-Term Care, when the name or location of the Business Office pertaining to said appointment as service provider or other matters as determined by Order of the Ministry of Health, Labour and Welfare are changed, or when it has resumed the suspended business of said Designated Community-Based Service for Preventive Long-Term Care, must provide notification of said fact to the mayor of the Municipality within ten days pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A Designated Provider of Community-Based Service for Preventive Long-Term Care, when intending to abolish or suspend the business of said Designated Community-Based Service for Preventive Long-Term Care, must provide notification of said fact to the mayor of the Municipality by one month before the date of said abolition or suspension, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A mayor of a Municipality, when deeming it necessary for the smooth provision of the convenience prescribed in Article 115-14, paragraph (7) by a Designated Provider of Community-Based Service for Preventive Long-Term Care, may provide coordination among said Designated Provider of Community-Based Service for Preventive Long-Term Care, a Designated Preventive Long-Term Care Support Provider, other Designated Providers of Community-Based Service for Preventive Long-Term Care, and other relevant persons, or advice and other assistance to said Designated Provider of Community-Based Service for Preventive Long-Term Care and said relevant persons.

A prefectural governor, in the case where two or more mayors of Municipalities provide coordination or assistance pursuant to the provisions of the preceding paragraph for the same Designated Provider of Community-Based Service for Preventive Long-Term Care, when deeming it necessary for the smooth provision of the convenience prescribed in Article 115-14, paragraph (7) by said Designated Provider of Community-Based Service for Preventive Long-Term Care, may provide coordination among said mayors of Municipalities, or advice and other assistance to said Designated Provider of Community-Based Service for Preventive Long-Term Care from a wide-area perspective beyond the area of a Municipality.

The Minister of Health, Labour and Welfare, in the case where two or more prefectural governors provide coordination or assistance pursuant to the provisions of the preceding paragraph for the same Designated Provider of Community-Based Service for Preventive Long-Term Care, when deeming it necessary for the smooth provision of the convenience prescribed in Article 115-14, paragraph (7) by said Designated Provider of Community-Based Service for Preventive Long-Term Care, may provide coordination among said prefectural governors, or advice and other assistance to said Designated Provider of Community-Based Service for Preventive Long-Term Care from a wide-area perspective beyond a prefectural area.

A mayor of a Municipality, when it is determined to be necessary concerning payment of an Allowance for Community-Based Preventive Service of Long-Term Care, may order a Designated Provider of Community-Based Service for Preventive Long-Term Care, a person that was a Designated Provider of Community-Based Service for Preventive Long-Term Care, or a person that was an employee of the Business Office pertaining to said appointment as service provider (hereinafter referred to as a "Person, etc., that Was a Designated Provider of Community-Based Service for Preventive Long-Term Care" in this paragraph) to report or to submit or present record books and documents, may request the Designated Provider of Community-Based Service for Preventive Long-Term Care, an employee of the Business Office pertaining to said appointment as service provider, or a Person, etc., that Was a Designated Provider of Community-Based Service for Preventive Long-Term Care to appear, or may have personnel ask questions of the relevant persons, or enter the Business Office pertaining to said appointment as service provider of said Designated Provider of Community-Based Service for Preventive Long-Term Care, or an office or other place related to the business of Designated Community-Based Service for Preventive Long-Term Care, in order to inspect its facilities, record books and documents, and other items.

The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions or inspections as prescribed in the preceding paragraph, and the provisions of paragraph (4) of the same Article apply mutatis mutandis to the authority granted as prescribed in the preceding paragraph.

A mayor of a Municipality, when it is determined that a Designated Provider of Community-Based Service for Preventive Long-Term Care falls under any of the following items, may, setting a due date, recommend that said Designated Provider of Community-Based Service for Preventive Long-Term Care take the measures prescribed respectively in those items.

in the case where it fails to comply with the conditions attached at the time of making said designation pursuant to the provisions of Article 115-12, paragraph (6): to comply with said conditions;

in the case where, regarding the knowledge or skills, or the number of personnel, of the employees of the Business Office pertaining to said designation, it does not satisfy the standards specified by the Municipal Ordinance referred to in Article 115-14, paragraph (1), or the number of employees specified by the Municipal Ordinance referred to in the same paragraph, or the standards concerning employees that engage in Designated Community-Based Service for Preventive Long-Term Care prescribed in paragraph (5) of the same Article: to satisfy the standards specified by said Municipal Ordinance, or the number of employees specified by said Municipal Ordinance, or the standards concerning employees that engage in said Designated Community-Based Service for Preventive Long-Term Care;

in the case where it does not appropriately operate the business of Designated Community-Based Service for Preventive Long-Term Care in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Community-Based Service for Preventive Long-Term Care or the standards concerning facilities and management of the business of Designated Community-Based Service for Preventive Long-Term Care prescribed in Article 115-14, paragraph (2) or paragraph (5): to appropriately operate the business of Designated Community-Based Service for Preventive Long-Term Care in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to said Designated Community-Based Service for Preventive Long-Term Care or the standards concerning facilities and management of the business of Designated Community-Based Service for Preventive Long-Term Care;

in the case where it does not appropriately provide the convenience prescribed in Article 115-14, paragraph (7): to appropriately provide said convenience.

A mayor of a Municipality, in a case of providing a recommendation pursuant to the provisions of the preceding paragraph, may provide public notice of the fact that said Designated Provider of Community-Based Service for Preventive Long-Term Care that is issued said recommendation did not act in compliance with said recommendation within the due date as set forth in the same paragraph.

A mayor of a Municipality, when the Designated Provider of Community-Based Service for Preventive Long-Term Care that is issued a recommendation pursuant to the provisions of paragraph (1) does not implement the measures pertaining to said recommendation without a justifiable basis, may specify a due date and order said Designated Provider of Community-Based Service for Preventive Long-Term Care to implement measures pertaining to said recommendation.

The mayor of a Municipality, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of the said fact.

A mayor of a Municipality, in a case that corresponds to any of the following items, may rescind the appointment as service provider as set forth in the main clause of Article 54-2, paragraph (1) pertaining to said Designated Provider of Community-Based Service for Preventive Long-Term Care or suspend the whole or a part of the effect of said appointment as service provider by specifying a period:

when a Designated Provider of Community-Based Service for Preventive Long-Term Care comes to fall under any of Article 115-12, paragraph (2), item (iv)-2 through item (v)-2, item (ix) (excluding the case where it has a person who falls under item (v)-3), item (x) (excluding the case where it has a person who falls under item (v)-3), item (xi) (excluding the case where the provider is a person who falls under item (v)-3), or item (xii) (excluding the case where the provider is a person who falls under item (v)-3);

when a Designated Provider of Community-Based Service for Preventive Long-Term Care comes to fall under any of Article 115-12, paragraph (4), item (iii) through item (vi);

when it is determined that a Designated Provider of Community-Based Service for Preventive Long-Term Care is in violation of a condition attached when granting said appointment as service provider pursuant to the provisions of Article 115-12, paragraph (6);

when a Designated Provider of Community-Based Service for Preventive Long-Term Care becomes unable to meet the standards as determined by Municipal Ordinance as set forth in Article 115-14, paragraph (1) or the number of employees as determined by Municipal Ordinance as set forth in the same paragraph, or standards concerning employees that engage in Designated Community-Based Service for Preventive Long-Term Care as prescribed in paragraph (5) of the same Article, with regard to the knowledge or skill of the employees, or the number of personnel, of the Business Office pertaining to said appointment as service provider;

when a Designated Provider of Community-Based Service for Preventive Long-Term Care becomes unable to operate an appropriate business of Designated Community-Based Service for Preventive Long-Term Care in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Community-Based Service for Preventive Long-Term Care or the standards concerning facilities and management of the business of Designated Community-Based Service for Preventive Long-Term Care as prescribed in Article 115-14, paragraph (2) or paragraph (5);

when it is determined that a Designated Provider of Community-Based Service for Preventive Long-Term Care violates an obligation as prescribed in Article 115-14, paragraph (8);

when an allowance for Community-Based Preventive Long-Term Care Service is wrongly requested;

when a Designated Provider of Community-Based Service for Preventive Long-Term Care is ordered to report, submit or present record books and documents pursuant to the provisions of Article 115-17, paragraph (1), but disobeys said order or submits a false report;

when a Designated Provider of Community-Based Service for Preventive Long-Term Care or an employee of the Business Office pertaining to said appointment as service provider is requested to appear pursuant to the provisions of Article 115-17, paragraph (1), but does not respond or does not reply to questions pursuant to the provisions of the same paragraph or submits a false reply, or refuses, interrupts, or interferes with an inspection pursuant to the provisions of the same paragraph, however, provided that this provision does not apply when an employee of the Business Office pertaining to said appointment as service provider performed said act and said Designated Provider of Community-Based Service for Preventive Long-Term Care was faithfully providing reasonable care and supervision in order to prevent said act of said employee;

when a Designated Provider of Community-Based Service for Preventive Long-Term Care receives the appointment as service provider as set forth in the main clause of Article 54-2, paragraph (1) by wrongful means;

in addition to the cases listed in the preceding items, when a Designated Provider of Community-Based Service for Preventive Long-Term Care violates this Act, another Act concerning citizens' health and medical care or public aid as provided by a Cabinet Order, or an order or disposition based on these Acts;

in addition to the cases listed in the preceding items, when a Designated Provider of Community-Based Service for Preventive Long-Term Care performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc.;

in the case where a Designated Provider of Community-Based Service for Preventive Long-Term Care is a juridical person, when any of its Officers, etc., is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc., within five years before the time of intending to effect rescission of the designation or suspension of the whole or a part of the effect of the designation;

in the case where a Designated Provider of Community-Based Service for Preventive Long-Term Care is a Business Office that is not a juridical person, when its manager is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc., within five years before the time of intending to effect rescission of the designation or suspension of the whole or a part of the effect of the designation.

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

when an appointment as service provider as set forth in the main clause of Article 54-2, paragraph (1) is made;

when notification of abolishment of business pursuant to the provisions of Article 115-15, paragraph (2) has been provided;

when an appointment as service provider as set forth in the main clause of Article 54-2, 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 apply mutatis mutandis to the appointment as service provider as set forth in the main clause of Article 54-2, paragraph (1). In this case, in addition to the phrase "the preceding Article" in Article 70-2, paragraph (4) being deemed to be replaced with "Article 115-12", necessary technical replacement of terms is provided by a Cabinet Order.