Long-Term Care Insurance Act

A Municipality, in the following cases, pays to an Exceptional Allowance for Preventive Service Insured In-Home Person Requiring Support, pursuant to the provisions of Long-Term Care to Order of the Ministry of Health, Labour and Welfare, an Insured In-Home Person Requiring SupportExceptional Allowance for Preventive Long-Term Care Service:

when a Municipality determines it necessary in a case when an Insured In-Home Person Requiring Support receives Preventive Long-Term Care Service other than Designated Preventive Long-Term Care Service or equivalent service (limited to thosethat is provided by a Business Office conducting a business that is found to satisfy the standards specified by Prefectural Ordinance as set forth in Article 115-4, paragraph (1) pertaining to the business of Designated Preventive Long-Term Care Service, the number of employees specified by Prefectural Ordinance as set forth in the same paragraph, and, among the standards concerning effective methods of support for Prevention of Long-Term Care pertaining to Designated Preventive Long-Term Care Service and the standards concerning facilities and management of the business of Designated Preventive Long-Term Care Service prescribed in paragraph (2) of the same Article (herein referred to as "Standards for the Business of Designated Preventive Long-Term Care Service" in the following item), those specified by Prefectural Ordinance; (herein referred to as "Preventive Long-Term Care Service Applicable to Standards" in the following item and the following paragraphthis Article);

when a Municipality determines it necessary in a case when an Insured In-Home Person Requiring Support who is domiciled on an isolated island orreceives Preventive Long-Term Care Service other location where it is significantly difficult to securethan Designated Preventive Service of Long-Term Care Service and Preventive Long-Term Care Service Applicable to Standards and is in a location, or any service equivalent thereto, that is subject to standards as determined by the Minister of Health, Labour, provided by a Business Office conducting a business that is located in a Specified Area and Welfare receives Preventive Service is found to satisfy those of Long-Term Care other than the Standards for the Business of Designated Preventive Long-Term Care Service of Long-Term Care and that are specified by Prefectural Ordinance (hereinafter referred to as "Preventive Long-Term Care Service Applicable to Standards or equivalent servicesin a Specified Area" in this Article);

when provided a Municipality determines it necessary in a case when an Insured In-Home Person Requiring Support who is domiciled on an isolated island or other location where it is significantly difficult to secure Designated Preventive Long-Term Care Service, Preventive Long-Term Care Service Applicable to Standards and Preventive Long-Term Care Service in a Specified Area, and which falls under the standards as determined by a Cabinet Order.the Minister of Health, Labour and Welfare, receives Preventive Long-Term Care Service other than Designated Preventive Long-Term Care Service, Preventive Long-Term Care Service Applicable to Standards and Preventive Long-Term Care Service in a Specified Area, or equivalent services;

when otherwise provided by a Cabinet Order.

A prefecture, in establishing the Prefectural Ordinance set forth inpursuant to the provisions of item (ii) of the preceding paragraph, is to establish the matters listed in items (i) through (iii) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, is to establish the matters listed in item (iv) using the standards specified by Order of the Ministry of Health, Labour and Welfare as the standard, and is to take into consideration the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters.

The amount of Exceptional Allowance for Preventive Long-Term Care Service isA prefecture, in establishing a Prefectural Ordinance pursuant to be determined by a Municipality based on the amount equivalentthe provisions of paragraph (1), item (iii), is to 90 percent of the amount of expenses calculated based on establish the matters listed in item (i) in accordance with the standards providedspecified by Order of the MinisterMinistry of Health, Labour and Welfare as set forth in each item of paragraph (2), taking into consideration the status of the preceding Article pertaining to said Preventive Long-Term Care Service or equivalent service (whenpopulation decline in areas that fall under the standards specified by Order of the calculated amount exceeds the actual expenses required for said Preventive Long-Term Care Service or equivalent service (except forMinistry of Health, Labour and Welfare prescribed in Article 42, paragraph (1), item (iii), the expenses required to purchase Specified Equipment forstatus of employees engaging in Preventive Long-Term Care Covered by Public Aid and excluding the expenses necessary to provide meals, residence,Service and other circumstances; is to establish the matters listed in items (ii) and other expenses as determined (iii) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare as necessary for daily life with regard; is to establish the expenses required for Outpatient Rehabilitation for Preventive Long-Term Care, Short-Term Admission for Daily Preventive Long-Term Care, Short-Term Admission for Recuperation for Preventive Long-Term Carematters listed in item (iv) using the standards specified by Order of the Ministry of Health, Labour and Daily Preventive Long-Term Care Admitted to a Specified Facility,Welfare as the standard; and services equivalentis to these), said calculated amount is to be the actual expenses required for said Preventive Long-Term Care Service or equivalent service)take into consideration the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters.

standards pertaining to employees engaging in Preventive Long-Term Care Service in a Specified Area and the number of such employees;

the floor area of residence rooms pertaining to the business of Preventive Long-Term Care Service in a Specified Area;

matters concerning the operation of the business of Preventive Long-Term Care Service in a Specified Area that are closely related to ensuring the appropriate use of services, appropriate treatment and safety of Persons Requiring Support who use them, and maintaining confidentiality, etc., and that are specified by Order of the Ministry of Health, Labour and Welfare;

the maximum number of users pertaining to the business of Preventive Long-Term Care Service in a Specified Area.

The mayoramount of a Municipality, when he Exceptional Allowance for Preventive Long-Term Care Service in the cases listed in paragraph (1), item (i), item (ii), item (iv) or she determines item (v) is to be determined by a Municipality based on the necessity amount equivalent to 90 percent of payment the amount of an Exceptional Allowance for Preventive Service of Long-Term Care, may order a person that has been expenses calculated based on standards provided by the Minister of Health, Labour and Welfare as set forth in charge of the Preventive Serviceeach item of paragraph (2) of Long-Term Care the preceding Article pertaining to said payment Preventive Long-Term Care Service or equivalent service (herein referred to as "Person, etc., in Charge of Providing when the calculated amount exceeds the actual expenses required for said Preventive Long-Term Care Service" in this paragraph) or equivalent service (except for the expenses required to report, submit, or present record books purchase Specified Equipment for Preventive Long-Term Care Covered by Public Aid and documents, appear, or direct personnel to question excluding the expenses necessary to provide meals, residence, and other expenses as determined by Order of the relevant Person or enter the Business Office of Ministry of Health, Labour and Welfare as necessary for daily life with regard to the provider of said Person, etc., in Charge of said expenses required for Outpatient Rehabilitation for Preventive Long-Term Care, Short-Term Admission for Daily Preventive Long-Term Care, Short-Term Admission for Recuperation for Preventive Service of Long-Term Care and Daily Preventive Long-Term Care pertainingAdmitted to said payment in order a Specified Facility, and services equivalent to inspectthese), said equipment, record books and documents, and other itemscalculated amount is to be the actual expenses required for said Preventive Long-Term Care Service or equivalent service).

The provisionsamount of Article 24, Exceptional Allowance for Preventive Long-Term Care Service in the case listed in paragraph (3) apply mutatis mutandis1), item (iii) is to questions or inspections as prescribed in the preceding paragraph, and the provisionsbe specified by a Municipality, based on the amount provided in each of paragraph (4) of the following items according to the same Article apply mutatis mutandis to the authority granted as prescribedcategory of Preventive Long-Term Care Service in a Specified Area listed in the preceding paragraphthose items.

Preventive Long-Term Care Service in a Specified Area that falls under the Preventive Long-Term Care Service listed in paragraph (2), item (i) of the preceding Article or services equivalent thereto: for each type of that Preventive Long-Term Care Service, the amount equivalent to 90 percent of the amount of expenses calculated according to the standards determined by the Minister of Health, Labour and Welfare after taking into consideration the average expenses required for the Preventive Long-Term Care Service in a Specified Area that falls under that Preventive Long-Term Care Service (excluding, with regard to the expenses required for Outpatient Rehabilitation for Preventive Long-Term Care, the expenses required for the provision of meals and other expenses required for daily life as specified by Order of the Ministry of Health, Labour and Welfare), which average expenses are calculated by taking into consideration the content of the Preventive Long-Term Care Service in a Specified Area that falls under that Preventive Long-Term Care Service, the Category of Needed Support Condition, and the area, etc., where the Business Offices conducting the business of that Preventive Long-Term Care Service in a Specified Area are located (if that amount exceeds the actual expenses required for the Preventive Long-Term Care Service in a Specified Area that falls under that Preventive Long-Term Care Service or services equivalent thereto (excluding, with regard to the expenses required for Outpatient Rehabilitation for Preventive Long-Term Care and services equivalent thereto, the expenses required for the provision of meals and other expenses required for daily life as specified by Order of the Ministry of Health, Labour and Welfare), the amount of those actual expenses required for the Preventive Long-Term Care Service in a Specified Area)

Preventive Long-Term Care Service in a Specified Area that falls under the Preventive Long-Term Care Service listed in paragraph (2), item (ii) of the preceding Article or services equivalent thereto: for each type of that Preventive Long-Term Care Service, the amount equivalent to 90 percent of the amount of expenses calculated according to the standards determined by the Minister of Health, Labour and Welfare after taking into consideration the average expenses required for the Preventive Long-Term Care Service in a Specified Area that falls under that Preventive Long-Term Care Service (excluding the expenses required for the provision of meals, the expenses required for accommodation, and other expenses required for daily life as specified by Order of the Ministry of Health, Labour and Welfare), which average expenses are calculated by taking into consideration the Category of Needed Support Condition and the area, etc., where the Business Offices conducting the business of the Preventive Long-Term Care Service in a Specified Area that falls under that Preventive Long-Term Care Service are located (if that amount exceeds the actual expenses required for the Preventive Long-Term Care Service in a Specified Area that falls under that Preventive Long-Term Care Service or services equivalent thereto (excluding the expenses required for the provision of meals, the expenses required for accommodation, and other expenses required for daily life as specified by Order of the Ministry of Health, Labour and Welfare), the amount of those actual expenses required for the Preventive Long-Term Care Service in a Specified Area)

The Minister of Health, Labour and Welfare, when intending to determine the standards set forth in each item of the preceding paragraph, must hear the opinion of the Social Security Council in advance.

The mayor of a Municipality, when he or she determines it necessary for the payment of an Exceptional Allowance for Preventive Long-Term Care Service, may order a person that is or has been in charge of the Preventive Long-Term Care Service or equivalent service pertaining to said payment (herein referred to as "Person, etc., in Charge of Providing Preventive Long-Term Care Service" in this paragraph) to report, to submit or present record books and documents, or to appear, or may direct personnel to question the relevant persons or to enter the Business Office of said Person, etc., in Charge of Providing Preventive Long-Term Care Service pertaining to said payment and inspect the equipment, 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.