Long-Term Care Insurance Act

An appointment as service provider as set forth in the main clause of Article 53, paragraph (1) is provided pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare by the application of a person performing Preventive Long-Term Care Service Business, for each type of Preventive Long-Term Care Service, and Business Office that operates a business of Preventive Long-Term Care Service pertaining to said Preventive Long-Term Care Service (hereinafter referred to as "Business Office" in this Section).

A prefectural governor, in a case of an application as set forth in the preceding paragraph, when the application corresponds to any provision of the following items (in a case of an application for designation pertaining to Management and Guidance for In-Home Medical Service for Preventive Long-Term Care provided by a Hospital, etc., or Home-Visit Nursing Service for Preventive Long-Term Care, Home-Visit Rehabilitation Service for Preventive Long-Term Care, Outpatient Rehabilitation for Preventive Long-Term Care, or Short-Term Admission for Recuperation for Preventive Long-Term Care provided by a hospital or clinic, excluding item (vi)-2, item (vi)-3, item (x)-2, and item (xii)), must not provide an appointment as service provider as set forth in the main clause of Article 53, paragraph (1):

when the applicant is not a person specified by Prefectural Ordinance;

when knowledge, skill, and the number of employees of the Business Office pertaining to said application does not meet the standards determined by Prefectural Ordinance as set forth in Article 115-4, paragraph (1) or the fixed minimum number of employees determined by Prefectural Ordinance as set forth in the same paragraph;

when it is determined that the applicant cannot perform appropriate business of Preventive Long-Term Care Service in accordance with standards concerning effective methods of support for Preventive Long-Term Care Service pertaining to Designated Preventive Service of Long-Term Care and the standards concerning facilities and management of Designated Preventive Service of Long-Term Care as prescribed in Article 115-4, paragraph (2);

when the applicant is punished by imprisonment or a more severe penalty and said execution of the penalty has not been completed or has not yet expired;

when the applicant is punished by a fine pursuant to the provisions of this Act or another Act pertaining to health and medical care or public aid for citizens as determined by a Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;

when the applicant is punished by a fine pursuant to the provisions of laws concerning labor specified by Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;

when the applicant, with regard to insurance premiums, etc., was subject, by the day before the day of making said application, to a disposition of delinquency based on the provisions of the Act that provides for the obligation to pay, and has continued, for a period of three months or more from the day of receiving said disposition without a justifiable reason, to be delinquent in all of the insurance premiums, etc. whose due dates arrived on or after the day of receiving said disposition;

when the applicant (excluding an applicant for designation pertaining to Daily Preventive Long-Term Care Admitted to a Specified Facility) is a person whose designation (excluding designation pertaining to Daily Preventive Long-Term Care Admitted to a Specified Facility) has been rescinded pursuant to the provisions of Article 115-9, paragraph (1) or Article 115-35, paragraph (6) and five years have not elapsed from the date of said rescission (in a case when a person whose designation has been rescinded is a juridical person, including a person that is or was an Officer, etc., of said juridical person within sixty days prior to the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to said rescission and five years have not elapsed from the date of said rescission, and in a case when a person whose designation has been rescinded is a Business Office that is not a juridical person, including a person that is or was a manager of said Business Office within sixty days prior to the date of said notification and five years have not elapsed from the date of said rescission), however, excluding a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the designation of a Designated Provider of Preventive Long-Term Care Service, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Provider of Preventive Long-Term Care Service toward the establishment of an operational control system to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated Provider of Preventive Long-Term Care Service had in relation to said facts;

when the applicant (limited to an applicant for designation pertaining to Daily Preventive Long-Term Care Admitted to a Specified Facility) is a person whose designation (limited to designation pertaining to Daily Preventive Long-Term Care Admitted to a Specified Facility) has been rescinded pursuant to the provisions of Article 115-9, paragraph (1) or Article 115-35, paragraph (6) and five years have not elapsed from the date of said rescission (in a case when a person whose designation has been rescinded is a juridical person, including a person that is or was an Officer, etc., of said juridical person within sixty days prior to the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to said rescission and five years have not elapsed from the date of said rescission, and in a case when a person whose designation has been rescinded is a Business Office that is not a juridical person, including a person that is or was a manager of said Business Office within sixty days prior to the date of said notification and five years have not elapsed from the date of said rescission), however, excluding a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the designation of a Designated Provider of Preventive Long-Term Care Service, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Provider of Preventive Long-Term Care Service toward the establishment of an operational control system to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated Provider of Preventive Long-Term Care Service had in relation to said facts;

when a person that has a close relationship with the applicant is a person whose designation has been rescinded pursuant to the provisions of Article 115-9, paragraph (1) or Article 115-35, paragraph (6) and five years have not elapsed from the date of said rescission, however, excluding a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the designation of a Designated Provider of Preventive Long-Term Care Service, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Provider of Preventive Long-Term Care Service toward the establishment of an operational control system to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated Provider of Preventive Long-Term Care Service had in relation to said facts;

when the applicant is a person that provided notification of abolishment of business pursuant to the provisions of Article 115-5, paragraph (2) from the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to a disposition of rescission of the designation pursuant to the provisions of Article 115-9, paragraph (1) or Article 115-35, paragraph (6) to the date on which said disposition is made or the date on which it is determined not to make a disposition (except for a person that has a reasonable basis for said abolishment of business) and five years have not elapsed from the date of said notification;

when the applicant is a person that provided notification of abolishment of business pursuant to the provisions of Article 115-5, paragraph (2) during the period from the date on which an inspection pursuant to the provisions of Article 115-7, paragraph (1) was conducted to the expected hearing decision date (meaning, where the prefectural governor has, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, notified said applicant of a specific date within 10 days from the date on which said inspection was conducted as the date on which a decision is expected to be made, based on the result of said inspection, as to whether or not to hold a hearing pertaining to a disposition of rescission of the designation pursuant to the provisions of Article 115-9, paragraph (1), said specific date) (excluding a person that has a reasonable basis for said abolishment of business), and five years have not elapsed from the date of said notification;

in the case where a notification of abolishment of business pursuant to the provisions of Article 115-5, paragraph (2) has been submitted within the period prescribed in item (vii), when the applicant is a person that was, within sixty days prior to the date of notification set forth in the same item, an Officer, etc. of a juridical person pertaining to said notification (excluding a juridical person that has a reasonable basis for said abolishment of business) or a manager of a Business Office that is not a juridical person pertaining to said notification (excluding one that has a reasonable basis for said abolishment of business), and five years have not elapsed from the date of said notification;

when the applicant performs a wrongful or significantly unjustifiable act pertaining to In-Home Service, etc., within five years prior to an application of appointment as service provider;

when the applicant (excluding an applicant for designation pertaining to Daily Preventive Long-Term Care Admitted to a Specified Facility) is a juridical person and any of its Officers, etc. is a person who corresponds to any of item (iv) through item (vi) or item (vii) through the preceding item;

when the applicant (limited to an applicant for designation pertaining to Daily Preventive Long-Term Care Admitted to a Specified Facility) is a juridical person and any of its Officers, etc. is a person who corresponds to any of item (iv) through item (v)-3, item (vi)-2, or item (vii) through item (ix);

when the applicant (excluding an applicant for designation pertaining to Daily Preventive Long-Term Care Admitted to a Specified Facility) is a Business Office that is not a juridical person and a manager of said Business Office is a person who corresponds to any of item (iv) through item (vi) or item (vii) through item (ix);

when the applicant (limited to an applicant for designation pertaining to Daily Preventive Long-Term Care Admitted to a Specified Facility) is a Business Office that is not a juridical person and a manager of said Business Office is a person who corresponds to any of item (iv) through item (v)-3, item (vi)-2, or item (vii) through item (ix).

A prefecture, in establishing the Prefectural Ordinance set forth in item (i) of the preceding paragraph, is to establish it in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare.

The mayor of the relevant Municipality may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, request the prefectural governor, with regard to the designation set forth in the main clause of Article 53, paragraph (1), to notify said mayor of the relevant Municipality to that effect in advance when the governor intends to make said designation. In this case, said prefectural governor must comply with the request.

The mayor of the relevant Municipality, upon receiving the notification pursuant to the provisions of the preceding paragraph, may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, state to the prefectural governor, with regard to the designation set forth in the main clause of Article 53, paragraph (1), an opinion from the perspective of coordination with the Municipal Insured Long-Term Care Service Plan as prescribed in Article 117, paragraph (1) of said relevant Municipality.

A prefectural governor, taking into account the opinion set forth in the preceding paragraph, may, in making the designation set forth in the main clause of Article 53, paragraph (1), attach conditions that are determined to be necessary for ensuring appropriate operation of said business.