Long-Term Care Insurance Act

A Designated Preventive Long-Term Care Support Provider, 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 the suspended business of said Designated Preventive Long-Term Care Support is recommenced, 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 Preventive Long-Term Care Support Provider, when intending to abolish or suspend the business of said Designated Preventive Long-Term Care Support, must provide notification of that fact to the mayor of the Municipality, as provided by Order of the Ministry of Health, Labour and Welfare, no later than one month before the date of the abolition or suspension.

A mayor of a Municipality, when deeming it necessary for the smooth provision of the convenience prescribed in Article 115-24, paragraph (5) by a Designated Preventive Long-Term Care Support Provider, may provide coordination among said Designated Preventive Long-Term Care Support Provider, other Designated Preventive Long-Term Care Support Providers, and other relevant persons, or advice and other assistance to said Designated Preventive Long-Term Care Support Provider 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 Preventive Long-Term Care Support Provider, when deeming it necessary for the smooth provision of the convenience prescribed in Article 115-24, paragraph (5) by said Designated Preventive Long-Term Care Support Provider, may provide coordination among said mayors of Municipalities, or advice and other assistance to said Designated Preventive Long-Term Care Support Provider 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 Preventive Long-Term Care Support Provider, when deeming it necessary for the smooth provision of the convenience prescribed in Article 115-24, paragraph (5) by said Designated Preventive Long-Term Care Support Provider, may provide coordination among said prefectural governors, or advice and other assistance to said Designated Preventive Long-Term Care Support Provider from a wide-area perspective beyond a prefectural area.

A mayor of a Municipality, when it is determined to be necessary, may order a Designated Preventive Long-Term Care Support Provider, a person that was a Designated Preventive Long-Term Care Support Provider, 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 Preventive Long-Term Care Support Provider" in this paragraph) to report or to submit or present record books and documents, may request the Designated Preventive Long-Term Care Support Provider, an employee of the Business Office pertaining to said appointment as service provider, or a Person, etc., that Was a Designated Preventive Long-Term Care Support Provider 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 Preventive Long-Term Care Support Provider, or an office or other place related to the business of Designated Preventive Long-Term Care Support, in order to inspect its 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 Preventive Long-Term Care Support Provider falls under any of the cases listed in the following items, may, setting a due date, recommend that said Designated Preventive Long-Term Care Support Provider take the measures prescribed respectively in those items.

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 115-24, paragraph (1) or the number of employees specified by the Municipal Ordinance referred to in the same paragraph: to satisfy the standards specified by said Municipal Ordinance or the number of employees specified by said Municipal Ordinance;

in the case where it does not appropriately operate the business of Designated Preventive Long-Term Care Support in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Preventive Long-Term Care Support or the standards concerning management of the business of Designated Preventive Long-Term Care Support prescribed in Article 115-24, paragraph (2): to appropriately operate the business of Designated Preventive Long-Term Care Support in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to said Designated Preventive Long-Term Care Support or the standards concerning management of the business of Designated Preventive Long-Term Care Support;

in the case where it does not appropriately provide the convenience prescribed in Article 115-24, paragraph (5): 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 Preventive Long-Term Care Support Provider that was 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 Preventive Long-Term Care Support Provider that was 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 Preventive Long-Term Care Support Provider to implement measures pertaining to said recommendation.

A mayor of a Municipality, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of 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 Article 58, paragraph (1) pertaining to said Designated Preventive Long-Term Care Support Provider or suspend the whole or a part of the effect of said appointment as service provider by specifying a period:

when a Designated Preventive Long-Term Care Support Provider comes to fall under any of Article 115-22, paragraph (2), item (iii)-2 through item (iv)-2, item (viii) (excluding the case where it has a person who falls under item (iv)-3 of that paragraph) or item (ix) (excluding the case where the provider is a person who falls under item (iv)-3 of that paragraph);

when a Designated Preventive Long-Term Care Support Provider becomes unable to meet the standards as determined by Municipal Ordinance or the number of employees as determined by Municipal Ordinance as set forth in Article 115-24, paragraph (1) 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 Preventive Long-Term Care Support Provider becomes unable to operate an appropriate business of Designated Preventive Long-Term Care Support in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Preventive Long-Term Care Support or the standards concerning management of the business of Designated Preventive Long-Term Care Support as prescribed in Article 115-24, paragraph (2);

when it is determined that a Designated Preventive Long-Term Care Support Provider violates an obligation as prescribed in Article 115-24, paragraph (6);

when an Allowance for Preventive Long-Term Care Service Plan is wrongly requested;

when a Designated Preventive Long-Term Care Support Provider is ordered to report, submit or present record books and documents pursuant to the provisions of Article 115-27, paragraph (1), but disobeys said order or submits a false report;

when a Designated Preventive Long-Term Care Support Provider or an employee of the Business Office pertaining to said appointment as service provider is requested to appear pursuant to the provisions of Article 115-27, 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 Preventive Long-Term Care Support Provider was faithfully providing reasonable care and supervision in order to prevent said act of said employee;

when a Designated Preventive Long-Term Care Support Provider receives the appointment as service provider as set forth in Article 58, paragraph (1) by wrongful means;

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

when there is, among the Officers, etc., of a Designated Preventive Long-Term Care Support Provider, 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, in the following cases, provide public notice of the name of said Designated Preventive Long-Term Care Support 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:

when an appointment as service provider as set forth in Article 58, paragraph (1) is made;

when notification of abolishment of business pursuant to the provisions of Article 115-25, paragraph (2) has been provided;

when an appointment as service provider as set forth in Article 58, 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.

A mayor of a Municipality, when deeming it necessary for the implementation of the verification of Preventive Long-Term Care Service Plans pursuant to the provisions of Article 115-45, paragraph (2), item (iii), may request a Designated Preventive Long-Term Care Support Provider to provide information on the implementation status of Preventive Long-Term Care Service Plans and other matters specified by Order of the Ministry of Health, Labour and Welfare.

A Designated Preventive Long-Term Care Support Provider that is a Designated In-Home Long-Term Care Support Provider may, when necessary for the appropriate and effective implementation of the business of said Designated Preventive Long-Term Care Support, request necessary advice from the community general support center prescribed in Article 115-46, paragraph (1).

The provisions of Article 70-2 apply mutatis mutandis to appointment as service provider as set forth in Article 58, paragraph (1). In this case, necessary technical replacement of terms is provided by a Cabinet Order.