Long-Term Care Insurance Act

In the case where, with regard to a Business Office pertaining to Community-Based Service for Preventive Long-Term Care specified by Order of the Ministry of Health, Labour and Welfare, an application set forth in paragraph (1) of the preceding Article (including as applied mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 115-21) pertaining to said Business Office is filed by a person who has received the designation under Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that pertaining to the type of day support for children with disabilities specified by Order of the Ministry of Health, Labour and Welfare according to the type of Community-Based Service for Preventive Long-Term Care provided by said Business Office) or the designation as a Designated Provider of welfare service for persons with disabilities under Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that pertaining to the type of welfare service for persons with disabilities specified by Order of the Ministry of Health, Labour and Welfare according to the type of Community-Based Service for Preventive Long-Term Care provided by said Business Office), and all of the following items are satisfied, with regard to the application of paragraph (2) of the preceding Article (including as applied mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 115-21; the same applies hereinafter in this paragraph), the phrase "as set forth in Article 115-14, paragraph (1)" in item (ii) of paragraph (2) of the preceding Article is deemed to be replaced with "pertaining to employees that engage in the Designated Community-Based Service for Preventive Long-Term Care set forth in paragraph (1), item (i) of the following Article", the phrase "number of employees specified by Municipal Ordinance as set forth in the same paragraph, or the standards concerning employees that engage in Designated Community-Based Service for Preventive Long-Term Care as prescribed in paragraph (5) of the same Article" is deemed to be replaced with "number of employees specified by Municipal Ordinance as set forth in the same item", and the phrase "Article 115-14, paragraph (2) or paragraph (5)" in item (iii) of that paragraph is deemed to be replaced with "paragraph (1), item (ii) of the following Article"; provided, however, that this does not apply when the applicant has given a different notification as provided by Order of the Ministry of Health, Labour and Welfare:

the knowledge and skills of the employees of the Business Office pertaining to said application, and the number of its personnel, satisfy the standards specified by Municipal Ordinance concerning employees that engage in Designated Community-Based Service for Preventive Long-Term Care and the number of employees specified by Municipal Ordinance;

it is found that the applicant is able to properly operate a Community-Based Preventive Long-Term Care Business 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 and the standards concerning facilities and management of the business of Designated Community-Based Service for Preventive Long-Term Care specified by Municipal Ordinance.

A Municipality, in establishing the Municipal Ordinances set forth in the items of the preceding paragraph, is to establish the matters listed in item (i) through item (iv) in accordance with the standards determined by Order of the Ministry of Health, Labour and Welfare, is to establish the matters listed in item (v) using the standards determined by Order of the Ministry of Health, Labour and Welfare as the benchmark, and is to take into consideration the standards determined by Order of the Ministry of Health, Labour and Welfare for other matters:

standards concerning employees that engage in Designated Community-Based Service for Preventive Long-Term Care and the number of said employees;

floor area of residence rooms pertaining to the business of Designated Community-Based Service for Preventive Long-Term Care;

number of maximum users pertaining to the business of Multifunctional Preventive Long-Term Care in a Small Group Home and Preventive Long-Term Care for a Dementia Outpatient;

matters concerning the operation of the business of Designated Community-Based Service for Preventive Long-Term Care that are specified by Order of the Ministry of Health, Labour and Welfare as being closely related to the appropriate use of services by Persons Requiring Support who use them, appropriate treatment and ensuring safety, and maintaining confidentiality;

number of maximum users pertaining to the business of Designated Community-Based Service for Preventive Long-Term Care (excluding the business prescribed in item (iii)).

The Minister of Health, Labour and Welfare, when intending to establish the standards specified by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph (limited to the part pertaining to the handling of Designated Community-Based Service for Preventive Long-Term Care), must hear the opinion of the Social Security Council in advance.

A person prescribed in paragraph (1) who has received the designation under the main clause of Article 54-2, paragraph (1) pertaining to the application set forth in that paragraph, when intending to discontinue or suspend the business of designated day support prescribed in Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that conducted at the Business Office pertaining to said designation) or the business of designated welfare service for persons with disabilities prescribed in Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that conducted at the Business Office pertaining to said designation), must notify the mayor of the Municipality that made said designation to that effect, as provided by Order of the Ministry of Health, Labour and Welfare, no later than one month before the date of the discontinuation or suspension. In this case, when said notification is made, notification of discontinuation or suspension of the business pursuant to the provisions of Article 115-15, paragraph (2) is deemed to have been made with regard to the business of Designated Community-Based Service for Preventive Long-Term Care pertaining to said designation.

A Designated Provider of Community-Based Service for Preventive Long-Term Care must, in compliance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Community-Based Service for Preventive Long-Term Care and the standards concerning facilities and management of the business of Designated Community-Based Service for Preventive Long-Term Care prescribed in paragraph (2) or paragraph (5) of the following Article, endeavor to offer appropriate Designated Community-Based Service for Preventive Long-Term Care according to the mental and physical condition, etc., of a Person Requiring Support, and to always offer said services from the viewpoint of the person that receives Designated Community-Based Service for Preventive Long-Term Care by implementing self-evaluation of the quality of the Designated Community-Based Service for Preventive Long-Term Care it provides and other measures.

A Designated Provider of Community-Based Service for Preventive Long-Term Care, when an Opinion of the Certification Committee is entered on the Certificate of Insured Person that is presented by an Insured Person that intends to receive Designated Community-Based Preventive Service of Long-Term Care, must engage in offering said Designated Community-Based Preventive Service of Long-Term Care of said Insured Person in consideration of said Opinion of the Certification Committee.

A Designated Provider of Community-Based Service for Preventive Long-Term Care must employ the number of employees that engage in said Designated Community-Based Service for Preventive Long-Term Care, as determined by Municipal Ordinance in accordance with the standards as determined by Municipal Ordinance, at each Business Office pertaining to said appointment as service provider.

In addition to the provisions in the preceding paragraph, standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Community-Based Service for Preventive Long-Term Care and standards concerning facilities and management of the business of Designated Community-Based Service for Preventive Long-Term Care are prescribed by Municipal Ordinance.

A Municipality, in establishing the Municipal Ordinances referred to in the preceding two paragraphs, is to establish the matters listed in items (i) to (iv) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, is to establish the matters listed in item (v) using the standards specified by Order of the Ministry of Health, Labour and Welfare as the standard, and is to take into account the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters.

standards concerning employees that engage in Designated Community-Based Service for Preventive Long-Term Care and the number of said employees;

floor area of residence rooms pertaining to the business of Designated Community-Based Service for Preventive Long-Term Care;

number of maximum users pertaining to the business of Preventive Long-Term Care for a Dementia Outpatient;

matters concerning the operation of the business of Designated Community-Based Service for Preventive Long-Term Care that are specified by Order of the Ministry of Health, Labour and Welfare as being closely related to the appropriate use of services by Persons Requiring Support who use them, appropriate treatment and ensuring safety, and maintaining confidentiality;

number of maximum users pertaining to the business of Designated Community-Based Service for Preventive Long-Term Care (excluding the business prescribed in item (iii)).

The Minister of Health, Labour and Welfare, when intending to establish the standards specified by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph (limited to the part pertaining to the handling of Designated Community-Based Service for Preventive Long-Term Care), must hear the opinion of the Social Security Council in advance.

A Municipality, notwithstanding the provisions of paragraph (3), with regard to the matters listed in items (i) to (iv) of the same paragraph, within the scope as determined by Order of the Ministry of Health, Labour and Welfare, may provide standards concerning employees that engage in Designated Community-Based Service for Preventive Long-Term Care and standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Community-Based Service for Preventive Long-Term Care, and standards concerning facilities and management of the business of Designated Community-Based Service for Preventive Long-Term Care in said Municipality.

A Municipality, when it intends to promulgate standards concerning employees that engage in Designated Community-Based Preventive Service of Long-Term Care, standards concerning effective support methods for Prevention of Long-Term Care pertaining to a Designated Provider of Community-Based Service for Preventive Long-Term Care, and standards concerning facilities and management of the business of Designated Community-Based Preventive Service of Long-Term Care in said Municipality as set forth in the preceding paragraph, must reflect opinions of Insured Persons by Long-Term Care Insurance provided by said Municipality and take necessary measures in order to promote to use knowledge of persons with relevant knowledge and experience.

A Designated Provider of Community-Based Service for Preventive Long-Term Care, when it has provided notification of abolition or suspension of business pursuant to the provisions of paragraph (2) of the following Article, must provide coordination with a Designated Preventive Long-Term Care Support Provider, other Designated Providers of Community-Based Service for Preventive Long-Term Care, and other relevant persons, and other convenience, to persons who received said Designated Community-Based Service for Preventive Long-Term Care within one month before the date of said notification and who wish to continue to be provided with service equivalent to said Designated Community-Based Service for Preventive Long-Term Care on or after the date of said abolition or suspension of business, so that necessary In-Home Service, etc. is provided continuously.

A Designated Provider of Community-Based Service for Preventive Long-Term Care must respect the personality of a Person Requiring Long-Term Care, act in compliance with this Act or an Order based on this Act, and faithfully perform said duty for a Person Requiring Long-Term Care.