Long-Term Care Insurance Act

A Designated In-Home Service Provider must employ the number of employees engaging in said Designated In-Home Service as determined by Prefectural Ordinance in accordance with standards as determined by Prefectural Ordinance, by each Business Office pertaining to said appointment as service provider.

In addition to the provisions as prescribed in the preceding paragraph, standards concerning facilities and management of a Designated In-Home Service Business are prescribed by Prefectural Ordinance.

A prefecture, in establishing the ordinances set forth in the preceding two paragraphs, is to establish the matters listed in items (i) through (iii) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, is to establish the matters listed in item (iv) using the standards specified by Order of the Ministry of Health, Labour and Welfare as the standard, and is to take into consideration the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters.

standards pertaining to employees engaging in Designated In-Home Service and the number of such employees;

the floor area of residence rooms, medical care rooms and patient rooms pertaining to a Designated In-Home Service Business;

matters concerning the operation of a Designated In-Home Service Business that are closely related to ensuring the appropriate use of services, appropriate treatment and safety of Persons Requiring Long-Term Care who use them, and maintaining confidentiality, etc., and that are specified by Order of the Ministry of Health, Labour and Welfare;

the maximum number of users pertaining to a Designated In-Home Service Business.

The Minister of Health, Labour and Welfare, when providing the standards specified by Order of the Ministry of Health, Labour and Welfare as prescribed in the preceding paragraph (limited to the part concerning the handling of Designated In-Home Service), must hear the opinion of the Social Security Council in advance.

A Designated In-Home Service Provider, when it has provided notification of the abolition or suspension of the business pursuant to the provisions of paragraph (2) of the following Article, must, with regard to a person who received said Designated In-Home Service within one month before the date of said notification and who wishes to continue to be provided with services equivalent to said Designated In-Home Service even on or after the date of said abolition or suspension of the business, provide convenience, such as coordination with Designated In-Home Long-Term Care Support Providers, other Designated In-Home Service Providers and other relevant persons, so that necessary In-Home Service, etc. is continuously provided.

A Designated In-Home Service Provider must respect the personality of a Person Requiring Long-Term Care, act in compliance with this Act or an Order based on this Act, and faithfully executes said duty on behalf of the Person Requiring Long-Term Care.

A Designated In-Home Service Provider, when the name or location of the Business Office pertaining to said appointment as service provider or other matters as determined by Order of the Ministry of Health, Labour and Welfare change, or when it recommences said suspended Designated In-Home Service Business, must provide notification of said fact to the prefectural governor within ten days pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A Designated In-Home Service Provider, when it intends to abolish or suspend said Designated In-Home Service Business, must provide notification of said fact to the prefectural governor no later than one month before the date of said abolition or suspension pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A prefectural governor or mayor of a Municipality, when finding it necessary for the smooth provision of the convenience prescribed in Article 74, paragraph (5) by a Designated In-Home Service Provider, may coordinate among said Designated In-Home Service Provider, Designated In-Home Long-Term Care Support Providers, other Designated In-Home Service Providers and other relevant persons, or provide advice and other assistance to said Designated In-Home Service Provider and said relevant persons.

The Minister of Health, Labour and Welfare, in the case where two or more prefectural governors conduct coordination or assistance under the preceding paragraph regarding the same Designated In-Home Service Provider, when finding it necessary for the smooth provision of the convenience prescribed in Article 74, paragraph (5) by said Designated In-Home Service Provider, may coordinate among said prefectural governors, or provide advice and other assistance to said Designated In-Home Service Provider from a wide-area viewpoint exceeding the prefectural area.

A prefectural governor or mayor of a Municipality, when it is determined to be necessary concerning the payment of an Allowance for In-Home Long-Term Care Service, may order a Designated In-Home Service Provider, a person that was a Designated In-Home 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 In-Home Service Provider" in this paragraph) to report or to submit or present record books and documents, request a Designated In-Home Service Provider, an employee of the Business Office pertaining to said appointment as service provider, or a Person, etc., that Was a Designated In-Home Service Provider to appear, direct its personnel to ask questions of a relevant person, or enter the Business Office pertaining to said appointment as service provider of said Designated In-Home Service Provider, an office, or other place related to the Designated In-Home Service Business in order to inspect the facilities, record books and documents, or other items.

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 prefectural governor, when finding that a Designated In-Home Service Provider falls under any of the cases listed in the following items, may specify a due date and recommend to said Designated In-Home 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 70, paragraph (9) or (11): to comply with said conditions;

if it fails to satisfy the standards specified by the Prefectural Ordinance under Article 74, paragraph (1) or the number of employees specified by the Prefectural Ordinance under that paragraph 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 Prefectural Ordinance or said number of employees specified by Prefectural Ordinance;

if it does not appropriately operate the Designated In-Home Service Business in accordance with the standards concerning Facilities and Management of a Designated In-Home Service Business as prescribed in Article 74, paragraph (2): to appropriately operate the Designated In-Home Service Business in accordance with said standards concerning Facilities and Management of a Designated In-Home Service Business;

if it does not appropriately provide the convenience prescribed in Article 74, paragraph (5): to appropriately provide said convenience.

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 said Designated In-Home 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.

When said Designated In-Home Service Provider that was issued a recommendation pursuant to the provisions of paragraph (1) does not implement any measures pertaining to said recommendation without a justifiable cause, a prefectural governor may specify a due date and order said Designated In-Home Service Provider to implement 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.

With regard to a Designated In-Home Service Provider who provided Designated In-Home Service pertaining to an insurance benefit, a Municipality, when it is determined that said Designated In-Home Service Provider falls under any of the cases listed in the items of paragraph (1), must provide notification of said fact to the prefectural governor that governs the location of the Business Office pertaining to said appointment as service provider.

A prefectural governor, in a case that corresponds to any of the following items, may rescind the appointment as service provider as set forth in the main clause of Article 41, paragraph (1) pertaining to said Designated In-Home Service Provider or suspend the whole or a part of the effect of said appointment as service provider by specifying a due date:

when a Designated In-Home Service Provider comes to fall under any of Article 70, paragraph (2), items (iv) through (v)-2, item (x) (excluding when it has a person falling under item (v)-3), item (x)-2 (excluding when it has a person falling under item (v)-3), item (xi) (excluding when the provider is a person falling under item (v)-3), or item (xii) (excluding when the provider is a person falling under item (v)-3);

when it is found that a Designated In-Home Service Provider has violated the conditions attached upon granting said appointment as service provider pursuant to Article 70, paragraph (9) or (11);

when a Designated In-Home Service Provider becomes unable to meet the standards as determined by Prefectural Ordinance as set forth in Article 74, paragraph (1) or the number of employees as determined by Prefectural Ordinance as set forth in the same paragraph with regard to knowledge, skill, or number of employees of the Business Office pertaining to said appointment as service provider;

when a Designated In-Home Service Provider becomes unable to operate an appropriate Designated In-Home Service Business in accordance with standards concerning Facilities and Management of a Designated In-Home Service Business as prescribed in Article 74, paragraph (2);

when it is determined that a Designated In-Home Service Provider violates an obligation as prescribed in Article 74, paragraph (6);

when an Allowance for In-Home Long-Term Care Service is wrongly requested;

when a Designated In-Home Service Provider is ordered to report, submit or present record books and documents pursuant to the provisions of Article 76, paragraph (1), but disobeys said order or submits a false report;

when a Designated In-Home 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 76, paragraph (1), fails to respond or fails to 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 performs said act but said Designated In-Home Service Provider is faithfully providing reasonable care and supervision in order to prevent said act of said employee;

when a Designated In-Home Service Provider is appointed to provide service as set forth in the main clause of Article 41, paragraph (1) by wrongful means;

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

in a case when a Designated In-Home Service Provider is a juridical person, when any said Officer, etc., 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;

in a case when a Designated In-Home 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.

A Municipality, when it is determined that a Designated In-Home Service Provider that provides Designated In-Home Service pertaining to an insurance benefit corresponds to any provision of the items in the preceding paragraph, must provide notification of said fact to the prefectural governor that governs the location of the Business Office pertaining to said appointment as service provider.

A prefectural governor must give public notice of the name or full name of said Designated In-Home Service 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 41, paragraph (1) is determined;

when notification of abolishment of business has been provided pursuant to the provisions of Article 75, paragraph (2);

when an appointment as service provider as set forth in the main clause of Article 41, 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).