Long-Term Care Insurance Act

A prefectural governor, when it is determined that a manager of an integrated facility for medical and long-term care is inappropriate as a manager of an integrated facility for medical and long-term care, may order the establisher of said integrated facility for medical and long-term care, setting a due date, to change the manager of the integrated facility for medical and long-term care.

The Minister of Health, Labour and Welfare, with regard to the affairs belonging to the authority of a prefectural governor as prescribed in the preceding paragraph, when he or she determines there is an urgent necessity to ensure the life and the physical safety of persons admitted to an integrated facility for medical and long-term care, may instruct the prefectural governor to conduct the affairs set forth in the same paragraph.

in the case where it does not satisfy, with regard to the number of employees engaged in its operations, the number specified by the Order of the Ministry of Health, Labour and Welfare or Prefectural Ordinance as set forth in Article 111, paragraph (2): to satisfy the number specified by said Order of the Ministry of Health, Labour and Welfare or Prefectural Ordinance;

in the case where it does not conform to the standards pertaining to facilities and management of an integrated facility for medical and long-term care as prescribed in Article 111, paragraph (3) (limited to the part pertaining to management): to conform to the standards pertaining to facilities and management of said integrated facility for medical and long-term care;

A prefectural governor, in a case of providing a recommendation pursuant to the provisions of the preceding paragraph, may provide public notice of the fact that the establisher of an integrated facility for medical and 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 prefectural governor, when an establisher of an integrated facility for medical and long-term care 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 order the establisher of said integrated facility for medical and long-term care, setting a due date, to implement the measures pertaining to said recommendation, or, specifying a period, to suspend its operations.

A prefectural governor, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of said fact.

A prefectural governor, in a case that corresponds to any of the following items, may rescind the approval set forth in Article 107, paragraph (1) pertaining to said integrated facility for medical and long-term care (hereinafter referred to as "approval" in this Article), or suspend the whole or a part of the effect of the approval, specifying a period.

when an establisher of an integrated facility for medical and long-term care does not commence said operation for six months or more after obtaining approval without a reasonable basis;

when an integrated facility for medical and long-term care has come to correspond to any of Article 107, paragraph (3), items (iv) through (vi), item (xiii) (excluding when it is one that has a person who corresponds to item (vii)), or item (xiv) (excluding when it is one that has a person who corresponds to item (vii));

when an Establisher of an integrated facility for medical and long-term care committed a crime or act of dishonesty concerning medical business;

when an integrated facility for medical and long-term care is entrusted with an investigation pursuant to the provisions of Article 28, paragraph (5) and submits a false report regarding the result of said investigation;

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

when an Establisher of an Integrated Facility for Medical and Long-Term Care, etc. is ordered to report, submit or present medical records and other record books and documents pursuant to the provisions of Article 114-2, paragraph (1), but disobeys said order or submits a false report;

when an Establisher of an Integrated Facility for Medical and Long-Term Care, etc. is requested to appear pursuant to the provisions of Article 114-2, 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 integrated facility for medical and long-term care performed said act and an establisher or a manager of said integrated facility for medical and long-term care was faithfully providing reasonable care and supervision in order to prevent said act;

in addition to the cases listed in the preceding items, when an Establisher of an integrated facility for medical and long-term care violates this Act, another Act concerning citizens' health and medical care and public aid as provided by a Cabinet Order, or an Order or disposition of a matter based on these Acts;

in addition to the cases listed in the preceding items, when an Establisher of an integrated facility for medical and long-term care performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc.;

in a case when an Establisher of an integrated facility for medical and long-term care is a juridical person, when any of its Officers or the manager of said integrated facility for medical and long-term care 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 approval or suspension of the whole or a part of the effect of the approval;

in a case when an Establisher of an integrated facility for medical and long-term care is not a juridical person among those provided by the Minister of Health, Labour and Welfare as set forth in Article 107, paragraph (3), item (i), when the 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 approval or suspension of the whole or a part of the effect of the approval.

A Municipality, when it is determined that an integrated facility for medical and long-term care that conducted an investigation entrusted pursuant to the provisions of Article 28, paragraph (5) or provided service at an integrated facility for medical and long-term care pertaining to an insurance benefit corresponds to any provision of the items of the preceding paragraph, must provide notification of said fact to the prefectural governor that governs the location of said integrated facility for medical and long-term care.

The Minister of Health, Labour and Welfare, with regard to the affairs that belong to the authority of the prefectural governor as prescribed in paragraph (1), when it determines the urgent necessity to secure the life and physical safety of persons admitted to an integrated facility for medical and long-term care, may instruct the prefectural governor to conduct the affairs as set forth in the same paragraph.

A prefectural governor must give public notice of the name of the Establisher of an integrated facility for medical and long-term care, the location of said integrated facility for medical and long-term care, and other matters specified by Order of the Ministry of Health, Labour and Welfare in the following cases:

when notification of discontinuation under the provisions of Article 113, paragraph (2) has been made;

when the approval under Article 107, paragraph (1) has been rescinded, or the whole or a part of the effect of the approval has been suspended, pursuant to the provisions of paragraph (1) of the preceding Article or Article 115-35, paragraph (6).

The provisions of Article 9, paragraph (2) of the Medical Care Act apply mutatis mutandis to an Establisher of an integrated facility for medical and long-term care, the provisions of Article 14-4 and Article 15, paragraph (1) and paragraph (3) of that Act apply mutatis mutandis to a manager of an integrated facility for medical and long-term care, and the provisions of Article 30 of that Act apply mutatis mutandis to a disposition pursuant to the provisions of Article 114-3, Article 114-4, paragraph (1), Article 114-5, paragraph (3) and Article 114-6, paragraph (1). In this case, the necessary technical replacement of terms in these provisions is provided by a Cabinet Order.

An integrated facility for medical and long-term care is not a hospital or a clinic as used in the Medical Care Act, however, provided that the terms "hospital" and "clinic" in the provisions of laws and regulations other than that Act and orders based on it (except for the provisions of the Health Insurance Act, the National Health Insurance Act, and other laws and regulations that are provided by a Cabinet Order) include an integrated facility for medical and long-term care (in the provisions of laws and regulations provided by a Cabinet Order, except for those provided by a Cabinet Order).

An Establisher of an integrated facility for medical and long-term care may, notwithstanding the provisions of Article 3, paragraph (1) of the Medical Care Act, use the term "integrated facility for medical and long-term care" in the name of said integrated facility for medical and long-term care.