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Article 8第八条
Article 8, paragraph (1)
The term "In-Home Service" as used in this Act means Home-Visit Long-Term Care, Home-Visit Bathing Long-Term Care, Home-Visit Nursing, Home-Visit Rehabilitation, Guidance for Management of In-Home Medical Long-Term Care, Outpatient Day Long-Term Care, Outpatient Rehabilitation, Short-Term Admission for Daily Life Long-Term Care, Short-Term Admission for Recuperation, Daily Life Long-Term Care Admitted to a Specified Facility, Rental Service of Equipment for Long-Term Care Covered by Public Aid, and Sale of Specified Equipment Covered by Public Aid. The term "In-Home Service Business" as used in this Act means business performing In-Home Service.
The term "Home-Visit Long-Term Care" as used in this Act means care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities as determined by Order of the Ministry of Health, Labour and Welfare (excluding that which falls under Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing (limited to that listed in paragraph (15), item (ii))) that is provided by a certified care worker or other person specified by Cabinet Order, at the home of a Person Requiring Long-Term Care who receives care at his or her home (including a residence room in a moderate-fee home for the elderly prescribed in Article 20-6 of the Act on Social Welfare for the Elderly (Act No. 133 of 1963), a Fee-Based Home for the Elderly prescribed in Article 29, paragraph (1) of that Act (hereinafter referred to as a "Fee-Based Home for the Elderly"), and any other facility specified by Order of the Ministry of Health, Labour and Welfare; the same applies hereinafter) (hereinafter referred to as an "In-Home Person Requiring Long-Term Care").
The term "Home-Visit Bathing Long-Term Care" as used in this Act means care service that provides bathing service and a bathtub to a Person Requiring Long-Term Care by visiting his or her home.
The term "Home-Visit Nursing" as used in this Act means medical care or assistance for necessary medical care provided to a Person Requiring Long-Term Care at his or her home (limited to those who are considered by an attending physician to be a person in the degree of need of medical treatment that conforms to standards as determined by Order of the Ministry of Health, Labour, and Welfare) by a nurse or other person as determined by Order of the Ministry of Health, Labour, and Welfare.
The term "Home-Visit Rehabilitation" as used in this Act means physical therapy, occupational therapy, and other necessary rehabilitation that is provided to an In-Home Person Requiring Long-Term Care at his or her home (limited to those who are considered by an attending physician to be a person in the degree of need of medical treatment that conforms to standards as determined by Order of the Ministry of Health, Labour, and Welfare) in order to maintain and recover mental or physical functions and to assist with independently performing daily activities.
The term "Guidance for Management of In-Home Medical Long-Term Care" as used in this Act means management and instructions for medical care and as determined by Order of the Ministry of Health, Labour, and Welfare. Said management and instructions are provided to an In-Home Person Requiring Long-Term Care by a physician, dentist, pharmacist or other personnel as determined by Order of the Ministry of Health, Labour, and Welfare that are associated with a hospital, clinic, or pharmacy (herein referred to as "Hospital, etc.")
The term "Outpatient Day Long-Term Care" as used in this Act means providing, for an In-Home Person Requiring Long-Term Care, by having said person commute to a facility specified by Order of the Ministry of Health, Labour and Welfare as set forth in Article 5-2, paragraph (3) of the Act on Social Welfare for the Elderly or a Day Service Center for the Elderly prescribed in Article 20-2-2 of that Act, at said facility, care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities as determined by Order of the Ministry of Health, Labour and Welfare, and functional training (limited to cases where the maximum number of users is a number specified by Order of the Ministry of Health, Labour and Welfare or more, and excluding that which falls under outpatient long-term care for a Dementia patient).
The term "Outpatient Rehabilitation" as used in this Act means physical therapy, occupational therapy, and other necessary rehabilitation that is provided to an In-Home Person Requiring Long-Term Care (limited to those who are considered by an attending physician to be a person in the degree of need of medical treatment that conforms to standards as determined by Order of the Ministry of Health, Labour and Welfare) by having said person commute to a Long-Term Care Health Facility, an integrated facility for medical and long-term care, a hospital, a clinic, or other facility as determined by Order of the Ministry of Health, Labour and Welfare, and at said facility, in order to maintain and recover mental or physical functions and to assist with independently performing daily activities.
The term "Short-Term Admission for Daily Life Long-Term Care" as used in this Act means to provide care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities and to provide functional training for an In-Home Person Requiring Long-Term Care by having said person Short-Term Admission at a facility as determined by Order of the Ministry of Health, Labour, and Welfare as set forth in Article 5-2, paragraph (4) of the Act on Social Welfare for the Elderly or at a Short-Term Admission Facility for the Elderly as provided in Article 20-3 of the same Act.
The term "Short-Term Admission for Recuperation" as used in this Act means admitting an In-Home Person Requiring Long-Term Care (limited to those specified by Order of the Ministry of Health, Labour and Welfare with regard to the degree of need for medical treatment) for a short period to a Long-Term Care Health Facility, an integrated facility for medical and long-term care, or other facility as determined by Order of the Ministry of Health, Labour and Welfare, and providing at said facility nursing, long-term care and functional training under medical management, and other necessary medical care, as well as care for performing daily activities.
The term "Specified Facility" as used in this Act means a Fee-Based Home for the Elderly or other facility as determined by Order of the Ministry of Health, Labour and Welfare that is not a Community-Based Specified Facility prescribed in paragraph (20), and the term "daily life long-term care for a person admitted to a Specified Facility" means care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities as determined by Order of the Ministry of Health, Labour and Welfare, functional training, and medical care, that is provided to a Person Requiring Long-Term Care who resides in a Specified Facility, based on a plan that sets out the content of the services provided by said Specified Facility, the personnel in charge of them, and other matters as determined by Order of the Ministry of Health, Labour and Welfare.
The term "Rental Service of Equipment for Long-Term Care Covered by Public Aid" as used in this Act means the rental, undertaken pursuant to provisions of a Cabinet Order, to an In-Home Person Requiring Long-Term Care, of those types of Equipment Covered by Public Aid (meaning equipment for the convenience of performing daily activities by a Person Requiring Long-Term Care, etc., whose physical or mental functions have declined and who has problems with performing daily activities, and equipment for functional training of a Person Requiring Long-Term Care, etc., that assists such a person in independently performing daily activities; the same applies in the following paragraph and in paragraphs (10) and (11) of the following Article) as determined by the Minister of Health, Labour and Welfare.
The term "Sale of Specified Equipment Covered by Public Aid" as used in this Act means the sale, undertaken pursuant to provisions of a Cabinet Order, of equipment covered by public aid among equipment provided for use in bathing or bodily waste elimination and other items provided by the Minister of Health, Labour, and Welfare (herein referred to as "Specified Equipment Covered by Public Aid") to an In-Home Person Requiring Long-Term Care.
The term "Community-Based Service" as used in this Act means Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, Community-Based Outpatient Day Long-Term Care, outpatient long-term care for a Dementia patient, Multifunctional Long-Term Care in a Small Group Home, Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, Daily Life Long-Term Care for a Person Admitted to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care, and combined service; the term "Specified Community-Based Service" means Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, Community-Based Outpatient Day Long-Term Care, outpatient long-term care for a Dementia patient, Multifunctional Long-Term Care in a Small Group Home, and combined service; and the term "Community-Based Service Business" means a business that provides Community-Based Service.
The term "Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing" as used in this Act means any of the following:
この法律において「定期巡回・随時対応型訪問介護看護」とは、次の各号のいずれかに該当するものをいう。
Article 8, paragraph (15), item (i)
to provide to an In-Home Person Requiring Long-Term Care, through periodic patrol visits or upon receiving a call at any time, at his or her home, care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities as determined by Order of the Ministry of Health, Labour and Welfare, provided by a certified care worker or other person specified by Cabinet Order as set forth in paragraph (2), and also to provide medical care or assistance for necessary medical care by a nurse or other person as determined by Order of the Ministry of Health, Labour and Welfare; provided, however, that medical care or assistance for necessary medical care is limited to that for an In-Home Person Requiring Long-Term Care who is considered by an attending physician to be a person in the degree of need of medical treatment that conforms to standards as determined by Order of the Ministry of Health, Labour and Welfare;
to provide to an In-Home Person Requiring Long-Term Care, through periodic patrol visits or upon receiving a call at any time, in cooperation with a Business Office that provides Home-Visit Nursing, at his or her home, care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities as determined by Order of the Ministry of Health, Labour and Welfare, provided by a certified care worker or other person specified by Cabinet Order as set forth in paragraph (2).
The term "Community-Based Outpatient Day Long-Term Care" as used in this Act means providing, for an In-Home Person Requiring Long-Term Care, by having said person commute to a facility specified by Order of the Ministry of Health, Labour and Welfare as set forth in Article 5-2, paragraph (3) of the Act on Social Welfare for the Elderly or a Day Service Center for the Elderly prescribed in Article 20-2-2 of that Act, at said facility, care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities as determined by Order of the Ministry of Health, Labour and Welfare, and functional training (limited to cases where the number of maximum users is less than the number specified by Order of the Ministry of Health, Labour and Welfare as set forth in paragraph (7), and excluding that which falls under outpatient long-term care for a Dementia patient).
The term "outpatient long-term care for a Dementia patient" as used in this Act means providing, for an In-Home Person Requiring Long-Term Care who has Dementia, by having said person commute to a facility specified by Order of the Ministry of Health, Labour and Welfare as set forth in Article 5-2, paragraph (3) of the Act on Social Welfare for the Elderly or a Day Service Center for the Elderly prescribed in Article 20-2-2 of that Act, at said facility, care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities as determined by Order of the Ministry of Health, Labour and Welfare, and functional training.
The term "Multifunctional Long-Term Care in a Small Group Home" as used in this Act means to provide care for bathing, bodily waste elimination, meals, etc., and for other daily activities as determined by Order of the Ministry of Health, Labour and Welfare, and functional training to an In-Home Person Requiring Long-Term Care at his or her home, or at a base of services as determined by Order of the Ministry of Health, Labour and Welfare by having the person commute to that base or stay there for a short term, according to the person's mental and physical condition, surroundings, etc., and based on his or her preference.
The term "Communal Daily Long-Term Care for a Dementia Patient" as used in this Act means to provide care for bathing, bodily waste elimination, meals, etc., and for other daily activities, and functional training for a Person Requiring Long-Term Care who is suffering from Dementia (except for a person whose disease causing Dementia is in an acute state), at a residence where the person lives communally.
The term "Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility" as used in this Act means to provide, to a Person Requiring Long-Term Care who is staying in a Fee-Based Home for the Elderly or other facility specified by Order of the Ministry of Health, Labour and Welfare under paragraph (11) the residents of which are limited to Persons Requiring Long-Term Care, their spouses, and other persons specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as a "Specialized Long-Term Care Specified Facility") and which has a resident capacity of twenty-nine (29) or less (hereinafter referred to in this paragraph as a "Community-Based Specified Facility"), care for bathing, bodily waste elimination, meals, etc., and for other daily activities as determined by Order of the Ministry of Health, Labour and Welfare, functional training and medical care, based on a plan that stipulates the content of services to be provided by that Community-Based Specified Facility, the personnel in charge of the services, and other items as determined by Order of the Ministry of Health, Labour and Welfare.
The term "Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care" as used in this Act means an Intensive Care Home for the Elderly prescribed in Article 20-5 of the Act on Social Welfare for the Elderly (limited to a facility for which the capacity of residents is twenty-nine (29) or less; the same applies hereinafter in this paragraph) that aims to provide care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities, functional training, health management, and medical care to a Person Requiring Long-Term Care who is staying in said Intensive Care Home for the Elderly (limited to a person in a condition falling under a Category of Condition of Need for Long-Term Care specified by Order of the Ministry of Health, Labour and Welfare and other persons specified by Order of the Ministry of Health, Labour and Welfare as having difficulty in performing daily activities at home; the same applies hereinafter in this paragraph and paragraph (26)) based on a Community-Based Facility Service Plan (meaning a plan that sets out the content of services provided by a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care to a Person Requiring Long-Term Care who is staying in said facility, the personnel in charge of said services, and other matters as determined by Order of the Ministry of Health, Labour and Welfare; the same applies hereinafter in this paragraph), and the term "Daily Life Long-Term Care for a Person Admitted to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care" means care for bathing, bodily waste elimination, meals, etc., and other care for performing daily activities, functional training, health management, and medical care that is provided to a Person Requiring Long-Term Care who is staying in a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care, based on a Community-Based Facility Service Plan.
The term "combined service" as used in this Act means, among services provided by combining two or more of Home-Visit Long-Term Care, Home-Visit Bathing Long-Term Care, Home-Visit Nursing, Home-Visit Rehabilitation, Guidance for Management of In-Home Medical Long-Term Care, Outpatient Day Long-Term Care, Outpatient Rehabilitation, Short-Term Admission for Daily Life Long-Term Care, Short-Term Admission for Recuperation, Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, Community-Based Outpatient Day Long-Term Care, outpatient long-term care for a Dementia patient, or Multifunctional Long-Term Care in a Small Group Home for an In-Home Person Requiring Long-Term Care, the following:
a service that, by integrally providing Home-Visit Nursing and Multifunctional Long-Term Care in a Small Group Home, provides to an In-Home Person Requiring Long-Term Care, at his or her home, or by having the person commute to, or stay for short-term at, a base of services specified by Order of the Ministry of Health, Labour and Welfare as set forth in paragraph (18), care for performing daily activities and functional training, and medical care or assistance for necessary medical care;
in addition to what is listed in the preceding item, a service specified by Order of the Ministry of Health, Labour and Welfare as a service provided by a combination of services whose integral provision to an In-Home Person Requiring Long-Term Care is particularly effective and efficient.
The term "In-Home Long-Term Care Support" as used in this Act means, in order for an In-Home Person Requiring Long-Term Care to be able to make appropriate use, etc., of Designated In-Home Service prescribed in Article 41, paragraph (1), In-Home Service pertaining to Exceptional Allowance for In-Home Long-Term Care Service or equivalent services, Designated Community-Based Service prescribed in Article 42-2, paragraph (1), Community-Based Service pertaining to Exceptional Allowance for Community-Based Long-Term Care Service or equivalent services, In-Home Service pertaining to a project for In-Home Services, etc. in a Specified Area prescribed in Article 115-45, paragraph (3) or equivalent services, and other health and medical services or welfare services necessary for performing daily activities at home (hereinafter referred to as "Designated In-Home Service, etc." in this paragraph), to prepare, at the request of said In-Home Person Requiring Long-Term Care and in consideration of his or her mental and physical condition, the environment in which he or she is placed, and the preferences, etc., of said In-Home Person Requiring Long-Term Care and his or her family, a plan (hereinafter referred to as an "In-Home Service Plan" in this paragraph, item (iii) of paragraph (2) of that Article and the Appended Table) that sets out the types and content of the Designated In-Home Service, etc. to be used, the personnel in charge of them, and other matters as determined by Order of the Ministry of Health, Labour and Welfare, and also to provide liaison and coordination with Designated In-Home Service Providers prescribed in Article 41, paragraph (1), Designated Community-Based Service Providers prescribed in Article 42-2, paragraph (1) and other persons, and to provide other conveniences, so as to ensure the provision of Designated In-Home Service, etc. based on said In-Home Service Plan, and, in the case where said In-Home Person Requiring Long-Term Care requires admission to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care, a Facility Covered by Long-Term Care Insurance or a Long-Term Care Insurance Facility in a Specified Area (hereinafter referred to as a "Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care, etc." in this paragraph), to provide referral to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care, etc. and other conveniences, and the term "In-Home Long-Term Care Support Business" means a business that provides In-Home Long-Term Care Support.
The term "Facility Covered by Long-Term Care Insurance" as used in this Act means a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly prescribed in Article 48, paragraph (1), item (i), a Long-Term Care Health Facility (excluding a Long-Term Care Health Facility prescribed in Article 49, paragraph (1), item (iii)), and an integrated facility for medical and long-term care (excluding an integrated facility for medical and long-term care prescribed in Article 49, paragraph (1), item (iv)), and the term "Long-Term Care Insurance Facility in a Specified Area" means a Facility Covered by Public Aid Providing Long-Term Care to the Elderly in a Specified Area prescribed in Article 49, paragraph (1), item (ii), a Long-Term Care Health Facility prescribed in item (iii) of that paragraph, and an integrated facility for medical and long-term care prescribed in item (iv) of that paragraph.
The term "Facility Service" as used in this Act means Facility Service for Long-Term Care Covered by Public Aid, Long-Term Care Health Facility Service, and service at an integrated facility for medical and long-term care, and the term "Facility Service Plan" means a plan for a Person Requiring Long-Term Care who is staying at a Facility Covered by Public Aid Providing Long-Term Care to the Elderly, a Long-Term Care Health Facility, or an integrated facility for medical and long-term care, that sets out the content of services provided by said facilities, the personnel in charge of said services, and other matters as determined by Order of the Ministry of Health, Labour and Welfare.
The term "Facility Covered by Public Aid Providing Long-Term Care to the Elderly" as used in this Act means an Intensive Care Home for the Elderly provided in Article 20-5 of the Act on Social Welfare for the Elderly (limited to a facility with a capacity of thirty (30) residents or more; the same applies hereinafter in this paragraph). The purpose of said facility is to provide care for bathing, bodily waste elimination, meals, etc., and for other daily activities, functional training, health management, and medical care to a Person Requiring Long-Term Care who is staying in said Intensive Care Home for the Elderly based on a Facility Service Plan. The term "Facility Service for Long-Term Care Covered by Public Aid" as used in this Act means care that is provided based on a Facility Service Plan for bathing, bodily waste elimination, meals, etc., and for other daily activities, functional training, health management, and medical care to a Person Requiring Long-Term Care who is staying in said Facility Covered by Public Aid Providing Long-Term Care to the Elderly.
The term "Long-Term Care Health Facility" as used in this Act means a facility which has obtained permission from the prefectural governor as set forth in Article 94, paragraph (1) as a facility with the purpose of providing, based on a Facility Service Plan, nursing, long-term care and functional training under medical management, and other necessary medical care, as well as care for performing daily activities, to a Person Requiring Long-Term Care who requires support primarily to maintain and recover mental or physical functions and to enable him or her to live at home (limited to those specified by Order of the Ministry of Health, Labour and Welfare with regard to the degree of need for medical treatment; hereinafter simply referred to as "Person Requiring Long-Term Care" in this paragraph), and the term "Long-Term Care Health Facility Service" means nursing, long-term care and functional training under medical management, and other necessary medical care, as well as care for performing daily activities, that are provided to a Person Requiring Long-Term Care who is staying in a Long-Term Care Health Facility, based on a Facility Service Plan.
The term "integrated facility for medical and long-term care" as used in this Act means a facility which has obtained permission from the prefectural governor as set forth in Article 107, paragraph (1) as a facility with the purpose of providing, based on a Facility Service Plan, medical care management, nursing, long-term care and functional training under medical management, and other necessary medical care, as well as care for performing daily activities, to a Person Requiring Long-Term Care who primarily requires medical care over a long period (limited to those specified by Order of the Ministry of Health, Labour and Welfare with regard to the degree of need for medical treatment; hereinafter simply referred to as "Person Requiring Long-Term Care" in this paragraph), and the term "service at an integrated facility for medical and long-term care" means medical care management, nursing, long-term care and functional training under medical management, and other necessary medical care, as well as care for performing daily activities, that are provided to a Person Requiring Long-Term Care who is staying in an integrated facility for medical and long-term care, based on a Facility Service Plan.