The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
A Long-Term Care Health Facility (excluding that prescribed in paragraph (5); the same applies in the following paragraph through paragraph (4)) must have, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, a medical care room, consultation room and functional training room, in addition to the facilities determined by Prefectural Ordinance.
A Long-Term Care Health Facility must employ physicians and nurses in the number determined by Order of the Ministry of Health, Labour and Welfare, and also Long-Term Care Support Specialists and employees that engage in long-term care or other operations in the number determined by Prefectural Ordinance.
In addition to the provisions as prescribed in the preceding two paragraphs, standards concerning facilities and management of a Long-Term Care Health Facility are to be provided by Prefectural Ordinance.
前二項に規定するもののほか、介護老人保健施設の設備及び運営に関する基準は、都道府県の条例で定める。
Article 97, paragraph (4)
A prefecture, in establishing the Prefectural Ordinances referred to in the preceding three paragraphs, is to establish the following matters in accordance with the standards determined by Order of the Ministry of Health, Labour and Welfare, and is to take into consideration the standards determined by Order of the Ministry of Health, Labour and Welfare for other matters:
Long-Term Care Support Specialists and employees that engage in long-term care or other operations, and the number thereof;
介護支援専門員及び介護その他の業務に従事する従業者並びにそれらの員数
Article 97, paragraph (4), item (ii)
matters concerning the management of a Long-Term Care Health Facility 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 Long-Term Care who are admitted, appropriate treatment and ensuring of safety, and maintenance of confidentiality.
The Minister ofA Long-Term Care Health, Labour and Welfare, when intending Facility (limited to those pertaining to establish the standards determined by Order of a person that has received notice pursuant to the Ministryprovisions of Health, Labour and Welfare prescribed Article 94, paragraph (5); the same applies in the precedingfollowing paragraph (limited to the part concerning the handling of, paragraph (7) and paragraph (8), item (ii)) must have a Long-Term Care Health Facility Service), must hear medical care room, a consultation room and a functional training room pursuant to the opinionprovisions of Order of the Social Security Council Ministry of Health, Labour and Welfare, in advanceaddition to facilities determined by Prefectural Ordinance.
An Establisher of aA Long-Term Care Health Facility, when it has provided notification of abolishment or suspension pursuant to must employ the provisions of Article 99, paragraph (2), must provide coordination with Establishersfixed minimum number, as determined by Order of other Long-Term Carethe Ministry of Health Facilities and other relevant persons, Labour, and provide other conveniences, to a person who was receiving said Long-Term Care Health Facility Service on the day before the date Welfare, of said notificationphysicians and who wishes to continue to be provided with services equivalent to saidnurses, and the fixed minimum number, as determined by Prefectural Ordinance, of Long-Term Care Health Facility Service on or after the date of said abolishment or suspension, soSupport Specialists and employees that necessary In-Home Service, etc. are provided continuouslyengage in long-term care or other operations.
An Establisher of a Long-Term Care Health Facility must respectIn addition to the personality of a Person Requiring Long-Term Care, actprovisions as prescribed in compliance with this Act or an Order based on this Act, and faithfully perform said duty for a Person Requiring Long-Term Carethe preceding two paragraphs, standards concerning facilities and management of a Long-Term Care Health Facility are to be provided by Prefectural Ordinance.
In establishing the Prefectural Ordinance set forth in the preceding three paragraphs, a prefecture is to establish the matters listed in item (i) in accordance with the standards determined by Order of the Ministry of Health, Labour and Welfare, taking into account the state of population decline in areas that fall under the standards determined by Order of the Ministry of Health, Labour and Welfare as prescribed in Article 42, paragraph (1), item (iii), the situation of Long-Term Care Support Specialists and employees that engage in long-term care or other operations at Long-Term Care Health Facilities, and other circumstances; to establish the matters listed in item (ii) in accordance with the standards determined by Order of the Ministry of Health, Labour and Welfare; and to take into consideration the standards determined by Order of the Ministry of Health, Labour and Welfare with regard to other matters.
Long-Term Care Support Specialists and employees that engage in long-term care or other operations, and the number thereof;
介護支援専門員及び介護その他の業務に従事する従業者並びにそれらの員数
Article 97, paragraph (8), item (ii)Added
matters concerning the management of a Long-Term Care Health Facility that are determined by Order of the Ministry of Health, Labour and Welfare as being closely related to ensuring the appropriate use of services, appropriate treatment and safety of Persons Requiring Long-Term Care who are admitted, and maintaining confidentiality.
The Minister of Health, Labour and Welfare, when intending to establish the standards pursuant to the provisions of paragraph (4) or the preceding paragraph (limited to the part concerning the handling of a Long-Term Care Health Facility Service), must hear the opinion of the Social Security Council in advance.
An Establisher of a Long-Term Care Health Facility, when it has provided notification of abolishment or suspension pursuant to the provisions of Article 99, paragraph (2), must provide coordination with Establishers of other Long-Term Care Health Facilities and other relevant persons, and provide other conveniences, to a person who was receiving said Long-Term Care Health Facility Service on the day before the date of said notification and who wishes to continue to be provided with services equivalent to said Long-Term Care Health Facility Service on or after the date of said abolishment or suspension, so that necessary In-Home Service, etc. are provided continuously.
An Establisher of a Long-Term Care Health Facility 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.
With regard to a Long-Term Care Health Facility, regardless of documents or any other methods, no person may advertise the Facility, except for the following matters:
matters that display the name, telephone number, and location of a Long-Term Care Health Facility;
介護老人保健施設の名称、電話番号及び所在の場所を表示する事項
Article 98, paragraph (1), item (ii)
names of physicians and nurses who are employed at the Long-Term Care Health Facility;
介護老人保健施設に勤務する医師及び看護師の氏名
Article 98, paragraph (1), item (iii)
in addition to matters listed in the preceding two items, matters as determined by the Minister of Health, Labour, and Welfare;
前二号に掲げる事項のほか、厚生労働大臣の定める事項
Article 98, paragraph (1), item (iv)
other matters approved by the prefectural governor.
その他都道府県知事の許可を受けた事項
Article 98, paragraph (2)
The Minister of Health, Labour, and Welfare, with regard to method of advertisement of matters listed in item (iii) of the preceding paragraph, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, may specify necessary matters.
Article 99, paragraph (1)（変更の届出等）Notification of ChangeChanged
An Establisher of a Long-Term Care Health Facility, except for matters pertaining to approval pursuant to the provisions ofunder Article 94, paragraph (2), when the domicile of an Establisher of said Long-Term Care Health Facility or other matters as determined by Order of the Ministry of Health, Labour and Welfare are changed, or when it recommences said Long-Term Care Health Facility that was suspended, must 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.
An Establisher of a Long-Term Care Health Facility, when intending to abolish or suspend said Long-Term Care Health Facility, must provide notification of said fact to the prefectural governor by one month prior to the date of said abolishment or suspension, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
Article 99-2, paragraph (1)（都道府県知事等による連絡調整又は援助）Coordination or Assistance by Prefectural Governors, etc.Changed
A prefectural governor or mayor of a Municipality, when it is determined to be necessary for an Establisher of a Long-Term Care Health Facility to smoothly provide the conveniences prescribed in Article 97, paragraph (610), may provide coordination among said Establisher of a Long-Term Care Health Facility, Establishers of other Long-Term Care Health Facilities, and other relevant persons, or advice and other assistance to said Establisher of a Long-Term Care Health Facility and said relevant persons.
Article 99-2, paragraph (2)（都道府県知事等による連絡調整又は援助）Coordination or Assistance by Prefectural Governors, etc.Changed
The Minister of Health, Labour and Welfare, in a case when two or more prefectural governors provide coordination or assistance pursuant to the provisions of the preceding paragraph for the same Establisher of a Long-Term Care Health Facility, when it is determined to be necessary for said Establisher of a Long-Term Care Health Facility to smoothly provide the conveniences prescribed in Article 97, paragraph (610), may provide coordination among said prefectural governors, or advice and other assistance to said Establisher of a Long-Term Care Health Facility from a wide-area perspective beyond the areas of prefecturesprefectural areas.
A prefectural governor or mayor of a Municipality, when it is determined to be necessary, may order an Establisher of a Long-Term Care Health Facility, a manager of a Long-Term Care Health Facility, or a physician or other employee (herein referred to as an "Establisher of a Long-Term Care Health Facility, etc.") to report, or to submit or present medical records or other record books and documents, request an Establisher of a Long-Term Care Health Facility, etc., to appear, have its personnel ask questions of an Establisher of a Long-Term Care Health Facility, etc., or have them enter a Long-Term Care Health Facility, the office of an Establisher of a Long-Term Care Health Facility, or another place related to the management of a Long-Term Care Health Facility, and inspect the facilities, medical records, record books and documents, or other items thereof.
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.
Pursuant to the provisions of paragraph (1), the mayor of the Municipality that ordered an Establisher of a Long-Term Care Health Facility, etc., to report, submit or present, or to appear, or had its personnel ask questions of an Establisher of a Long-Term Care Health Facility, etc., or conduct an on-site inspection of the Long-Term Care Health Facility, when it is determined that a disposition pursuant to the provisions of the following Article, Article 102, paragraph (1), Article 103, paragraph (3), or Article 104, paragraph (1) needs to be made with respect to said Long-Term Care Health Facility, must provide notification of said fact to the prefectural governor, indicating the reasons.
Article 101, paragraph (1)（設備の使用制限等）(Restriction on Use of Facility)Changed
A prefectural governor, when a Long-Term Care Health Facility no longer possesses the medical care rooms, consultation rooms and functional training rooms, and the facilities determined by Prefectural Ordinance as prescribed in Article 97, paragraph (1), (for a Long-Term Care Health Facility prescribed in paragraph (5) of the same Article, that paragraph), or no longer conforms with the standards concerning facilities and management of a Long-Term Care Health Facility as prescribed in paragraph (3) of the same Article (for a Long-Term Care Health Facility prescribed in paragraph (5) of the same Article, paragraph (7) of the same Article) (limited to the part concerning facilities), may, with regard to the Establisher of asaid Long-Term Care Health Facility, restrict or prohibit the use of the whole or a part of said facility for a specified period, or specify a due date and order repair or reconstruction.
A prefectural governor, when it is determined that a Manager of a Long-Term Care Health Facility is inappropriate as a Manager of a Long-Term Care Health Facility, may order the Establisher of said Long-Term Care Health Facility to change the Manager of the Long-Term Care Health Facility within a period limited by a due date.
The Minister of Health, Labour, and Welfare, with regard to the affairs pertaining to the authority of a prefectural governor as prescribed in the preceding paragraph, when it determines the urgent necessity to ensure life and the physical safety of a person that may be admitted to a Long-Term Care Health Facility, may order the prefectural governor to conduct the affairs as set forth in the same paragraph.
Article 103, paragraph (1)（業務運営の勧告、命令等）(Recommendations and Orders on Business Operations)Changed
A prefectural governor, when finding that a Long-Term Care Health Facility falls under any of the cases listed in the following item (i), item (ii) or item (v) (items (iii) through (v), for a Long-Term Care Health Facility prescribed in Article 97, paragraph (5)), may specify a due date and recommend to the Establisher of said Long-Term Care Health Facility that it take the measures specified in each of those items.
if it fails to satisfy the number specified by Order of the Ministry of Health, Labour and Welfare or Prefectural Ordinance under Article 97, paragraph (2) with regard to the number of employees engaged in its business: to satisfy said number specified by 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 a Long-Term Care Health Facility as prescribed in Article 97, paragraph (3) (limited to the part pertaining to management): to conform to the standards pertaining to facilities and management of said Long-Term Care Health Facility;
Article 103, paragraph (1), item (iii)（業務運営の勧告、命令等）(Recommendations and Orders on Business Operations)Changed
in the case where it the number of employees engaged in its operations does not properly provide satisfy the number determined by the convenience prescribed Order of the Ministry of Health, Labour and Welfare or the Prefectural Ordinance as set forth in Article 97, paragraph (6): to properly provide satisfy the number determined by said convenience.Order of the Ministry of Health, Labour and Welfare or said Prefectural Ordinance;
Article 103, paragraph (1), item (iv)（業務運営の勧告、命令等）(Recommendations and Orders on Business Operations)Added
in the case where it does not conform to the standards pertaining to facilities and management of a Long-Term Care Health Facility as prescribed in Article 97, paragraph (7) (limited to the part pertaining to management): to conform to said standards pertaining to facilities and management of a Long-Term Care Health Facility;
Article 103, paragraph (1), item (v)（業務運営の勧告、命令等）(Recommendations and Orders on Business Operations)Added
in the case where it does not properly provide the convenience prescribed in Article 97, paragraph (10): to properly provide said convenience.
第九十七条第十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 103, paragraph (2)（業務運営の勧告、命令等）
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 Long-Term Care Health Facility 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 a Long-Term Care Health Facility 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 Long-Term Care Health Facility to implement measures pertaining to said recommendation within a period specified by a due date or to suspend said operation for a period of time.
A prefectural governor, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of 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 103, paragraph (5)（業務運営の勧告、命令等）(Recommendations and Orders on Business Operations)Changed
With regard to a Long-Term Care Health Facility that provided Long-Term Care Health Facility Service pertaining to an Insurance Benefit, a Municipality, when it is determined that said Long-Term Care Health Facility corresponds to any of the cases listed in the paragraph (1), item (i), item (ii) or item (v) (items (iii) through (v) of paragraph (1), for a Long-Term Care Health Facility prescribed in Article 97, paragraph (5)), must provide notification of said fact to the prefectural governor that governs the location of said Long-Term Care Health Facility.