Long-Term Care Insurance Act

A Designated Community-Based Service Provider, when the name and location of a Business Office pertaining to an 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 Community-Based Service (excluding 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) 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 Community-Based Service Provider, when intending to abolish or suspend the business of said Designated Community-Based Service (excluding 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), 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 Community-Based Service Provider to smoothly provide the conveniences prescribed in Article 78-4, paragraph (7), may provide coordination among said Designated Community-Based Service Provider, Designated In-Home Long-Term Care Support Providers, other Designated Community-Based Service Providers, and other relevant persons, or advice and other assistance to said Designated Community-Based Service 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 Community-Based Service Provider, when it is determined to be necessary for said Designated Community-Based Service Provider to smoothly provide the conveniences prescribed in Article 78-4, paragraph (7), may provide coordination among said mayors of Municipalities, or advice and other assistance to said Designated Community-Based Service 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 Community-Based Service Provider, when it is determined to be necessary for said Designated Community-Based Service Provider to smoothly provide the conveniences prescribed in Article 78-4, paragraph (7), may provide coordination among said prefectural governors, or advice and other assistance to said Designated Community-Based Service Provider from a wide-area perspective beyond the areas of prefectures.

The mayor of a Municipality, when it is determined to be necessary concerning payment of an Allowance for Community-Based Long-Term Care Service, may order a Designated Community-Based Service Provider, a person that was a Designated Community-Based Service 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 Community-Based Service Provider" in this paragraph) to report, or to submit or present record books and documents, request a Designated Community-Based Service Provider, an employee of the Business Office pertaining to said appointment as service provider or a Person, etc., that Was a Designated Community-Based Service 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 Community-Based Service Provider, an office, or another place related to the business of Designated Community-Based Service, and inspect the facilities, record books and documents, or other items thereof.

The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions or inspections as prescribed in the preceding paragraph, and the provisions of paragraph (4) of the same Article apply mutatis mutandis to the authority granted as prescribed in the preceding paragraph.

A person that performs the business of 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 under the appointment as service provider as set forth in the main clause of Article 42-2, paragraph (1) may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, decline said appointment as service provider by offering one month or more of prior notice.

The mayor of a Municipality, when finding that a Designated Community-Based Service Provider falls under any of the cases listed in the following items, may specify a due date and recommend to said Designated Community-Based Service Provider that it take the measures specified in each of those items.

if it fails to comply with the conditions attached upon granting said appointment as service provider pursuant to Article 78-2, paragraph (8): to comply with said conditions;

if it fails to satisfy the standards specified by Municipal Ordinance under Article 78-4, paragraph (1) or the number of employees specified by Municipal Ordinance under that paragraph, or the standards concerning employees engaged in Designated Community-Based Service as prescribed in paragraph (5) of that Article, with regard to the knowledge, skill or number of employees of the Business Office pertaining to said appointment as service provider: to satisfy said standards specified by Municipal Ordinance or said number of employees specified by Municipal Ordinance, or said standards concerning employees engaged in Designated Community-Based Service;

if it does not appropriately operate the Designated Community-Based Service Business in accordance with the standards concerning Facilities and Management of a Designated Community-Based Service Business as prescribed in Article 78-4, paragraph (2) or paragraph (5): to appropriately operate the Designated Community-Based Service Business in accordance with said standards concerning Facilities and Management of a Designated Community-Based Service Business;

if it does not appropriately provide the convenience prescribed in Article 78-4, paragraph (7): to appropriately provide said convenience.

The 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 Community-Based Service 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.

The mayor of a Municipality, when a Designated Community-Based Service Provider that was issued a recommendation pursuant to the provisions of paragraph (1) does not implement the measures pertaining to said recommendation without justifiable reasons, may specify a due date and order said Designated Community-Based Service 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, in a case that corresponds to any of the following items, may rescind an appointment as service provider as set forth in the main clause of Article 42-2, paragraph (1) pertaining to said Designated Community-Based Service Provider or suspend the whole or a part of the effect of said appointment as service provider for a specified period:

when a Designated Community-Based Service Provider has come to fall under any of Article 78-2, paragraph (4), items (iv)-2 through (v)-2, item (ix) (excluding when it has a person who falls under item (v)-3), item (x) (excluding when it has a person who falls under item (v)-3), item (xi) (excluding when it is a person who falls under item (v)-3), or item (xii) (excluding when it is a person who falls under item (v)-3);

when a Designated Community-Based Service Provider has come to fall under any of Article 78-2, paragraph (6), items (iii) through (iii)-4;

when it is determined that a Designated Community-Based Service Provider is in violation of the conditions attached upon granting said appointment as service provider pursuant to the provisions of Article 78-2, paragraph (8);

when a Designated Community-Based Service Provider becomes unable to satisfy the standards specified by Municipal Ordinance under Article 78-4, paragraph (1) or the number of employees specified by Municipal Ordinance under that paragraph, or the standards concerning employees engaged in Designated Community-Based Service as prescribed in paragraph (5) of that Article, with regard to the knowledge or skill, or the number of employees, of the Business Office pertaining to said appointment as service provider;

when a Designated Community-Based Service Provider becomes unable to operate an appropriate Designated Community-Based Service Business in accordance with standards concerning Facilities and Management of a Designated Community-Based Service Business as prescribed in Article 78-4, paragraph (2) or paragraph (5);

when it is determined that a Designated Community-Based Service Provider violates an obligation as prescribed in Article 78-4, paragraph (8);

when a Designated Community-Based Service Provider (limited to a Provider that provides 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) is entrusted with an investigation pursuant to the provisions of Article 28, paragraph (5) (including a case applied mutatis mutandis pursuant to Article 29, paragraph (2), Article 30, paragraph (2), Article 31, paragraph (2), Article 33, paragraph (4), Article 33-2, paragraph (2), Article 33-3, paragraph (2), and Article 34, paragraph (2); the same applies to Article 84, Article 92, Article 104 and Article 114-6), and submits a false report regarding the result of said investigation;

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

when a Designated Community-Based Service Provider is ordered to report, submit, or present record books and documents pursuant to the provisions of Article 78-7, paragraph (1), but disobeys said order or submits a false report;

when a Designated Community-Based Service 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 78-7, 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 Community-Based Service Provider was faithfully providing reasonable care and supervision in order to prevent said act of said employee;

when a Designated Community-Based Service Provider is appointed to provide service as set forth in the main clause of Article 42-2, paragraph (1) by wrongful means;

in addition to the cases listed in the preceding items, when a Designated Community-Based Service 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 based on these Acts;

in addition to the cases listed in the preceding items, when a Designated Community-Based Service Provider performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc.;

in a case when a Designated Community-Based Service Provider is a juridical person, when there is, among its Officers, etc., a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc., within five years before the time when the rescission of the designation or the suspension of the whole or a part of the effect of the designation is to be made;

in a case when a Designated Community-Based Service Provider is a Business Office that is not a juridical person, when the manager of said Provider is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc., within five years before the time when the rescission of the designation or the suspension of the whole or a part of the effect of the designation is to be made.