Long-Term Care Insurance Act

In addition to the provisions specified in Article 69-27 through the preceding Article, other necessary matters concerning a Designated Testing Agency are specified by a Cabinet Order.

A prefectural governor may designate a person (herein referred to as "Designated Training Agency" in this Article) to conduct affairs concerning the implementation of a Long-Term Care Support Specialist Internship and the training prescribed in Article 69-34, paragraph (4) (herein referred to as "Training Affairs" in the following paragraph).

The provisions of Article 69-27, paragraph (2), Article 69-29, and Article 69-30 apply mutatis mutandis to a Designated Training Agency and Training Affairs.

In addition to the provisions of the preceding two paragraphs, other necessary matters concerning a Designated Training Agency are prescribed by a Cabinet Order.

A prefectural governor may designate a person (hereinafter referred to as "Designated Training Attendance Management Institution" in this Article) to conduct affairs concerning the management of attendance in the training prescribed in paragraph (4) of the following Article (referred to as "training attendance management affairs" in paragraph (3)).

A prefectural governor, when it is determined to be necessary, may give necessary instructions to a Designated Training Attendance Management Institution in order to confirm the status of attendance in the training prescribed in paragraph (4) of the following Article.

The provisions of Article 69-29 and Article 69-30 apply mutatis mutandis to a Designated Training Attendance Management Institution and training attendance management affairs.

In addition to what is provided for in the preceding three paragraphs, necessary matters concerning Designated Training Attendance Management Institutions are specified by Cabinet Order.

A Long-Term Care Support Specialist must perform his or her business fairly and faithfully, respecting the personality of the Person Requiring Long-Term Care, etc. under his or her charge and always standing in the position of said Person Requiring Long-Term Care, etc., so that the In-Home Service, Community-Based Service, Facility Service, Preventive Long-Term Care Service, or Community-Based Service for Preventive Long-Term Care, or the Specified Comprehensive Project for Long-Term Care Prevention and Daily Life Support, provided to said Person Requiring Long-Term Care, etc. is not unduly biased toward a specific type, or a specific provider or facility.

A Long-Term Care Support Specialist must perform the business of Long-Term Care Support Specialist according to standards as determined by Order of the Ministry of Health, Labour, and Welfare.

A Long-Term Care Support Specialist must endeavor to improve the level of expert knowledge and skill concerning the support necessary for a Person Requiring Long-Term Care, etc. to lead an independent daily life, and otherwise to improve his or her qualities.

A Long-Term Care Support Specialist (excluding a person specified by Order of the Ministry of Health, Labour and Welfare) is to undertake, in order to maintain and improve his or her qualities and pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, training specified by Order of the Ministry of Health, Labour and Welfare as training conducted by the prefectural governor.

A Long-Term Care Support Specialist may not permit others to wrongfully use the Long-Term Care Support Specialist Certification or the business name of said Long-Term Care Support Specialist.

A Long-Term Care Support Specialist must not commit any act that may impair the impartiality of or confidence placed in said Long-Term Care Support Specialist.

A Long-Term Care Support Specialist may not divulge any confidential information of an individual person that is learned pertaining to said business without a justifiable basis. The same provision applies after said person ceases to be a Long-Term Care Support Specialist.

A prefectural governor, when it is determined that it is necessary for ensuring proper execution of the business of a Long-Term Care Support Specialist, may request necessary reports of said business from a registered Long-Term Care Support Specialist and a Long-Term Care Support Specialist that operates within the area governed by said prefectural governor.

A prefectural governor, when it is found that a registered Long-Term Care Support Specialist or a Long-Term Care Support Specialist that operates within the area governed by said prefectural governor violates the provisions of Article 69-34, paragraph (1) or (2), or when a registered person who has not been issued a Long-Term Care Support Specialist Certification (hereinafter referred to as a "Person Not Issued a Long-Term Care Support Specialist Certification" in this paragraph) has performed business as a Long-Term Care Support Specialist, may give necessary instructions to said Long-Term Care Support Specialist or said Person Not Issued a Long-Term Care Support Specialist Certification, and order him or her to undertake training designated by said prefectural governor.

A prefectural governor, in a case that a registered Long-Term Care Support Specialist or a Long-Term Care Support Specialist that operates within the area governed by said prefectural governor disobeys instructions or orders pursuant to the provisions of the preceding paragraph, may prohibit said Long-Term Care Support Specialist from operating as a Long-Term Care Support Specialist by specifying a period that is less than one (1) year.

A prefectural governor, when he or she executes an action pursuant to the provisions of the preceding two paragraphs to a Long-Term Care Support Specialist who is registered in an area governed by a different prefectural governor, must notify without delay the prefectural governor that is governing the area where said Long-Term Care Support Specialist is registered of said fact.

A prefectural governor, when it is determined that a Long-Term Care Support Specialist prescribed in Article 69-34, paragraph (4) who is registered by said prefectural governor has not undertaken the training prescribed in the same paragraph without a justifiable basis, may order said Long-Term Care Support Specialist to undertake said training.

A prefectural governor, in a case that a Long-Term Care Support Specialist prescribed in the preceding paragraph who has received an order pursuant to the provisions of the preceding paragraph disobeys said order, may prohibit said Long-Term Care Support Specialist from operating as a Long-Term Care Support Specialist by specifying a period of one year or less.

A prefectural governor, when a Long-Term Care Support Specialist that is registered in an area governed by said prefectural governor corresponds to any of the following items, shall delete and rescind said registration:

when a Specialist corresponds to any provision of Article 69-2, paragraph (1), item (i) to item (iii);

when a Specialist is registered as set forth in Article 69-2, paragraph (1) by a wrongful means;

when the Long-Term Care Support Specialist Certification is issued by a wrongful means;

when a Specialist violates a prohibition of business ordered pursuant to the provisions of paragraph (3) or (6) of the preceding Article.

A prefectural governor, in a case when a registered Long-Term Care Support Specialist corresponds to any of the following items, may delete and rescind said registration:

when the Specialist violates the provisions of Article 69-34, paragraph (1) or (2) or the provisions listed from Article 69-35 to Article 69-37;

when a Specialist is requested to report pursuant to the provisions of paragraph (1) of the preceding Article, but does not report or submits a false report;

when a Specialist violates an instruction or order pursuant to the provisions of paragraph (2) or (5) of the preceding Article and said circumstances are considered serious.

When a person is registered as set forth in Article 69-2, paragraph (1) that has not been issued a Long-Term Care Support Specialist Certification as defined by any of the following items, the prefectural governor that provides said registration must delete said registration:

when said person corresponds to any provision of Article 69-2, paragraph (1), item (i) to item (iii);

when said person is registered as set forth in Article 69-2, paragraph (1) by wrongful means;

when said person operates a business as a Long-Term Care Support Specialist and the circumstances are especially grave.

A provider or an establisher of a facility that provides Long-Term Care Services, which is required to have a Long-Term Care Support Specialist under a Prefectural or Municipal Ordinance, when it has had a Long-Term Care Support Specialist prescribed in Article 69-34, paragraph (4) engage in its business or when said Long-Term Care Support Specialist has ceased to engage in said business, must report the name of said Long-Term Care Support Specialist and other matters specified by Order of the Ministry of Health, Labour and Welfare to the prefectural governor responsible for the registration of said Long-Term Care Support Specialist, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A provider or an establisher of a facility prescribed in the preceding paragraph, when it has a Long-Term Care Support Specialist prescribed in Article 69-34, paragraph (4) as its employee, must, in order to maintain and improve the qualities of said Long-Term Care Support Specialist, take measures specified by Order of the Ministry of Health, Labour and Welfare as measures for ensuring opportunities for said Long-Term Care Support Specialist to attend the training prescribed in the same paragraph.

A prefectural governor, when it is determined that a provider or an establisher of a facility prescribed in paragraph (1) has not made the report pursuant to the provisions of the same paragraph or has not taken the measures pursuant to the provisions of the preceding paragraph, may recommend to said provider or establisher of a facility, setting a due date, that it make that report or take those measures.

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 a provider or an establisher of a 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 a provider or an establisher of a facility that has received a recommendation pursuant to the provisions of paragraph (3) and is a Designated In-Home Service Provider, Designated Community-Based Service Provider, Designated In-Home Long-Term Care Support Provider, Designated Provider of Preventive Long-Term Care Service, Designated Provider of Community-Based Service for Preventive Long-Term Care, or Designated Preventive Long-Term Care Support Provider, or is an Establisher of a Designated 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, has not taken the measures pertaining to said recommendation without a justifiable basis, may order said provider or establisher of a facility, setting a due date, to take the measures pertaining to said recommendation.

A prefectural governor, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of said fact.

A prefectural governor, when a provider or an establisher of a facility that has received an order pursuant to the provisions of paragraph (5) violates said order, must, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, notify the prefectural governor or the mayor of a Municipality pertaining to the designation or approval of said provider or facility of the content of said violation.