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Article 89第八十九条
Notification of Change（変更の届出）
Article 89, paragraph (1)
An establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, when the domicile of an establisher or other matters as determined by Order of the Ministry of Health, Labour, and Welfare are changed, provide notification of said fact to the prefectural governor within ten days pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare.
Coordination or Assistance by Prefectural Governors, etc.（都道府県知事等による連絡調整又は援助）
Article 89-2, paragraph (1)
A prefectural governor or the mayor of a Municipality, when finding it necessary for the smooth provision by an establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly of the conveniences prescribed in Article 88, paragraph (5), may provide coordination among said establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, establishers of other Designated Facilities Covered by Public Aid Providing Long-Term Care to the Elderly, and other relevant persons, or advice and other assistance to said establisher and said relevant persons.
The Minister of Health, Labour and Welfare, when two or more prefectural governors provide the coordination or assistance pursuant to the provisions of the preceding paragraph for the same establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly and finds it necessary for the smooth provision by said establisher of the conveniences prescribed in Article 88, paragraph (5), may provide coordination among said prefectural governors or advice and other assistance to said establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly from a broad perspective extending beyond the area of a prefecture.
A prefectural governor or mayor of a Municipality, when it is determined to be necessary, may order a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, or a person who was an establisher, the head, or another employee of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly (hereinafter referred to as a "person who was an establisher, etc." in this paragraph), to report or submit or present record books and documents, request an establisher, the head, or another employee of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, or a person who was an establisher, etc., to appear, or direct personnel to ask questions of the relevant persons, or enter a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, the office of an establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, or another place related to the operation of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly in order to inspect its facilities, record books and documents, or other items.
The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions and inspections pursuant to the provisions of the preceding paragraph, and the provisions of paragraph (4) of the same Article apply mutatis mutandis to the authority granted pursuant to the provisions of the preceding paragraph.
Article 91, paragraph (1)（指定の辞退）(Decline of Appointment as Service Provider)Changed
A Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly may decline an appointment as service provider by offering one month or more of prior notice, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
A prefectural governor, when it is determined that a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly falls under a case listed in the following items, may recommend to the establisher of said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, setting a due date, to take the measures specified in each such item:
when it does not satisfy the number determined by Prefectural Ordinance as set forth in Article 88, paragraph (1) with regard to the number of employees that engage in the Designated Facility Service for Long-Term Care Covered by Public Aid it provides:to satisfy the number determined by said Prefectural Ordinance;
when it does not operate an appropriate Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly in accordance with the standards concerning facilities and management of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly as prescribed in Article 88, paragraph (2):to operate an appropriate Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly in accordance with said standards concerning facilities and management of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly;
when it does not properly provide the conveniences prescribed in Article 88, paragraph (5):to properly provide said conveniences.
第八十八条第五項に規定する便宜の提供を適正に行っていない場合 当該便宜の提供を適正に行うこと。
Article 91-2, paragraph (2)
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 said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly 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 prefectural governor, when an establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly 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 to an establisher of said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly to implement measures pertaining to said recommendation within a period specified by a due date.
A prefectural governor, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of the said fact.
都道府県知事は、前項の規定による命令をした場合においては、その旨を公示しなければならない。
Article 91-2, paragraph (5)
With regard to a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly that provided Designated Facility Service for Long-Term Care Covered by Public Aid pertaining to an Insurance Benefit, a Municipality, when it is determined that said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly falls under any of the cases listed in the items of paragraph (1), must provide notification of said fact to the prefectural governor that governs the location of said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly.
Rescission of Appointment as Service Provider（指定の取消し等）
Article 92, paragraph (1)
A prefectural governor, 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 48, paragraph (1), item (i) pertaining to said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly or suspend the whole or a part of the effect of said appointment as service provider by specifying the due date for compliance:
when a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly corresponds to any provision of Article 86, paragraph (2), item (iii), item (iii)-2 or item (vii) (excluding a case in which there is a person who falls under (c));
when a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly becomes unable to meet the fixed minimum number of employees as determined by Prefectural Ordinance as set forth in Article 88, paragraph (1), with regard to the number of employees that engage in Designated Facility Service for Long-Term Care Covered by Public Aid provided by said Designated Facility;
when a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly becomes unable to operate an appropriate Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly in accordance with standards concerning facilities and management of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly as prescribed in Article 88, paragraph (2);
when it is determined that an establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly violates an obligation as prescribed in Article 88, paragraph (6);
指定介護老人福祉施設の開設者が、第八十八条第六項に規定する義務に違反したと認められるとき。
Article 92, paragraph (1), item (v)
when a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly 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;
施設介護サービス費の請求に関し不正があったとき。
Article 92, paragraph (1), item (vii)
when a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly is ordered to report, submit or present record books and documents pursuant to the provisions of Article 90, paragraph (1), but disobeys said order or submits a false report;
when the establisher, the chairperson, or an employee of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly is requested to appear pursuant to the provisions of Article 90, 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 said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly performed said act and an establisher or the chairperson of said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly was faithfully providing reasonable care and supervision in order to prevent said act of said employee;
when an establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly is appointed to provide service as set forth in Article 48, paragraph (1), item (i) by wrongful means;
指定介護老人福祉施設の開設者が、不正の手段により第四十八条第一項第一号の指定を受けたとき。
Article 92, paragraph (1), item (x)
in addition to the cases listed in the preceding items, when an establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly 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 a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc.;
when any Officers or chairperson of the establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc., within five years and the appointment as service provider is rescinded or the whole or a part of the effect of the appointment as service provider is suspended due to said act.
With regard to a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly that provided Designated Facility Service for Long-Term Care Covered by Public Aid pertaining to an Insurance Benefit or the implementation of an entrusted investigation pursuant to the provisions of Article 28, paragraph (5), a Municipality, when it determines said Designated Facility Service for Long-Term Care Covered by Public Aid corresponds to any provision of the items in the preceding paragraph, must provide notification of said fact to the prefectural governor that governs the location of said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly.
A prefectural governor must give public notice of the name of the establisher of said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, the location of said Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, and other matters specified by Order of the Ministry of Health, Labour and Welfare in the following cases:
when an appointment as service provider as set forth in the main clause of Article 48, paragraph (1), item (i) is determined;
第四十八条第一項第一号の指定をしたとき。
Article 93, paragraph (1), item (ii)
when the appointment as service provider as set forth in Article 48, paragraph (1), item (i) is declined pursuant to the provisions of Article 91;
第九十一条の規定による第四十八条第一項第一号の指定の辞退があったとき。
Article 93, paragraph (1), item (iii)
when an appointment as service provider as set forth in Article 48, paragraph (1), item (i) is rescinded, or the effect of the whole or a part of an appointment as service provider is suspended, pursuant to the provisions of paragraph (1) of the preceding Article or Article 115-35, paragraph (6).