Long-Term Care Insurance Act

A Designated In-Home Long-Term Care Support Provider, when the name and location of a Business Office pertaining to said appointment as service provider or other matters as determined by Order of the Ministry of Health, Labour and Welfare are changed, or when it recommences the business of said Designated In-Home Long-Term Care Support that was suspended, must provide notification of said fact to the mayor of the Municipality within ten days pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A Designated In-Home Long-Term Care Support Provider, when intending to abolish or suspend said Designated In-Home Long-Term Care Support Business, must provide notification of said fact to the mayor of the Municipality 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.

A mayor of a Municipality, when it is determined to be necessary for a Designated In-Home Long-Term Care Support Provider to smoothly provide the conveniences prescribed in Article 81, paragraph (5), may provide coordination among said Designated In-Home Long-Term Care Support Provider, other Designated In-Home Long-Term Care Support Providers, and other relevant persons, or advice and other assistance to said Designated In-Home Long-Term Care Support Provider and said relevant persons.

A prefectural governor, in a case when two or more mayors of Municipalities provide coordination or assistance pursuant to the provisions of the preceding paragraph for the same Designated In-Home Long-Term Care Support Provider, when it is determined to be necessary for said Designated In-Home Long-Term Care Support Provider to smoothly provide the conveniences prescribed in Article 81, paragraph (5), may provide coordination among said mayors of Municipalities, or advice and other assistance to said Designated In-Home Long-Term Care Support Provider from a wide-area perspective beyond the areas of Municipalities.

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 Designated In-Home Long-Term Care Support Provider, when it is determined to be necessary for said Designated In-Home Long-Term Care Support Provider to smoothly provide the conveniences prescribed in Article 81, paragraph (5), may provide coordination among said prefectural governors, or advice and other assistance to said Designated In-Home Long-Term Care Support Provider from a wide-area perspective beyond the areas of prefectures.

A mayor of a Municipality, when it is determined to be necessary, may order a Designated In-Home Long-Term Care Support Provider, a person that was a Designated In-Home Long-Term Care Support Provider, or a person that was an employee of the Business Office pertaining to said appointment as service provider (herein referred to as a "Person, etc., that Was a Designated In-Home Long-Term Care Support Provider" in this paragraph) to report, or to submit or present record books and documents, request a Designated In-Home Long-Term Care Support Provider, an employee of the Business Office pertaining to said appointment as service provider or a Person, etc., that Was a Designated In-Home Long-Term Care Support Provider to appear, have its personnel ask questions of the relevant persons, or have them enter the Business Office pertaining to said appointment as service provider of said Designated In-Home Long-Term Care Support Provider, an office, or another place related to the business of Designated In-Home Long-Term Care Support, and inspect the 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.

A mayor of a Municipality, when finding that a Designated In-Home Long-Term Care Support Provider falls under any of the cases listed in the following items, may specify a due date and recommend to said Designated In-Home Long-Term Care Support Provider that it take the measures specified in each of those items.

if it fails to satisfy the number of employees specified by Municipal Ordinance under Article 81, paragraph (1) with regard to the number of Long-Term Care Support Specialists of the Business Office pertaining to said appointment as service provider: to satisfy said number of employees specified by Municipal Ordinance;

if it does not appropriately operate the Designated In-Home Long-Term Care Support Business in accordance with the standards concerning Management of a Designated In-Home Long-Term Care Support Business as prescribed in Article 81, paragraph (2): to appropriately operate the Designated In-Home Long-Term Care Support Business in accordance with said standards concerning Management of a Designated In-Home Long-Term Care Support Business;

if it does not appropriately provide the convenience prescribed in Article 81, paragraph (5): to appropriately provide said convenience.

A mayor of a Municipality, in a case of providing a recommendation pursuant to the provisions of the preceding paragraph, may provide public notice of the fact that said Designated In-Home Long-Term Care Support Provider 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 mayor of a Municipality, when a Designated In-Home Long-Term Care Support Provider that was issued a recommendation pursuant to the provisions of paragraph (1) does not implement the measures pertaining to said recommendation without a justifiable reason, may specify a due date and order said Designated In-Home Long-Term Care Support Provider to implement measures pertaining to said recommendation.

The mayor of a Municipality, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of the said fact.

A mayor of a Municipality, when finding that a Designated In-Home Long-Term Care Support Provider that has provided Designated In-Home Long-Term Care Support pertaining to an insurance benefit (limited to one for which another mayor of a Municipality has made the designation set forth in Article 46, paragraph (1)) falls under any of the cases listed in the items of paragraph (1), must provide notification of said fact to said other mayor of a Municipality.

A mayor of a Municipality, in a case that corresponds to any of the following items, may rescind the appointment as service provider as set forth in Article 46, paragraph (1) pertaining to said Designated In-Home Long-Term Care Support Provider or suspend the whole or a part of the effect of said appointment as service provider for a specified period:

when a Designated In-Home Long-Term Care Support Provider has come to fall under any of Article 79, paragraph (2), items (iii)-2 through (iv)-2, item (viii) (excluding when it has a person who falls under item (iv)-3 of that paragraph), or item (ix) (excluding when it is a person who falls under item (iv)-3 of that paragraph);

when a Designated In-Home Long-Term Care Support Provider becomes unable to meet the number of employees of Long-Term Care Support Specialists determined by Municipal Ordinance as set forth in Article 81, paragraph (1) with regard to the number of Long-Term Care Support Specialists of the Business Office pertaining to said appointment as service provider;

when a Designated In-Home Long-Term Care Support Provider becomes unable to operate an appropriate Designated In-Home Long-Term Care Support Business in accordance with standards concerning Management of a Designated In-Home Long-Term Care Support Business as prescribed in Article 81, paragraph (2);

when it is determined that a Designated In-Home Long-Term Care Support Provider violates an obligation as prescribed in Article 81, paragraph (6);

when a Designated In-Home Long-Term Care Support Provider 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 In-Home Long-Term Care Service Plan is wrongly requested;

when a Designated In-Home Long-Term Care Support Provider is ordered to report, submit or present record books and documents pursuant to the provisions of Article 83, paragraph (1), but disobeys said order or submits a false report;

when a Designated In-Home Long-Term Care Support Provider or an employee of the Business Office pertaining to said appointment as service provider is requested to appear pursuant to the provisions of Article 83, 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 Business Office pertaining to said appointment as service provider performed said act and said Designated In-Home Long-Term Care Support Provider was faithfully providing reasonable care and supervision in order to prevent said act of said employee;

when a Designated In-Home Long-Term Care Support Provider is appointed to provide service as set forth in the main clause of Article 46, paragraph (1) by wrongful means;

in addition to the cases listed in the preceding items, when a Designated In-Home Long-Term Care Support Provider violates this Act, another Act concerning citizens' health and medical care or public aid as determined 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 a Designated In-Home Long-Term Care Support Provider performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc.;

when any Officer, etc., of a Designated In-Home Long-Term Care Support Provider 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.

A mayor of a Municipality, when finding that a Designated In-Home Long-Term Care Support Provider that has provided Designated In-Home Long-Term Care Support pertaining to an insurance benefit or an investigation entrusted pursuant to the provisions of Article 28, paragraph (5) (limited to one for which another mayor of a Municipality has made the designation set forth in Article 46, paragraph (1)) corresponds to any of the items in the preceding paragraph, must provide notification of said fact to said other mayor of a Municipality.

A mayor of a Municipality must give public notice of the name of said Designated In-Home Long-Term Care Support Provider, the location of the Business Office pertaining to said designation, 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 46, paragraph (1) is determined;

when notification of abolishment of business has been provided pursuant to the provisions of Article 82, paragraph (2);

when an appointment as service provider as set forth in Article 46, paragraph (1) 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).