Long-Term Care Insurance Act

In a case when, with regard to a Business Office pertaining to Community-Based Outpatient Day Long-Term Care or another Community-Based Service specified by Order of the Ministry of Health, Labour and Welfare, an application set forth in paragraph (1) of the preceding Article (including as applied mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 78-12) pertaining to said Business Office is filed by a person who has received the designation under Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that pertaining to the type of day support for children with disabilities specified by Order of the Ministry of Health, Labour and Welfare according to the type of Community-Based Service provided by said Business Office) or the designation as a Designated Provider of welfare service for persons with disabilities under Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that pertaining to the type of welfare service for persons with disabilities specified by Order of the Ministry of Health, Labour and Welfare according to the type of Community-Based Service provided by said Business Office), and all of the following items are satisfied, with regard to the application of paragraph (4) of the preceding Article (including as applied mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 78-12; the same applies hereinafter in this paragraph), the phrase "as set forth in Article 78-4, paragraph (1)" in item (ii) of that paragraph is deemed to be replaced with "pertaining to employees that engage in the Designated Community-Based Service set forth in paragraph (1), item (i) of the following Article", the phrase "or the number of employees determined by Municipal Ordinance as set forth in the same paragraph, or the standards concerning employees that engage in Designated Community-Based Service as prescribed in paragraph (5) of the same Article" is deemed to be replaced with "or the number of employees determined by Municipal Ordinance as set forth in the same item", and the phrase "Article 78-4, paragraph (2) or paragraph (5)" in item (iii) of that paragraph is deemed to be replaced with "paragraph (1), item (ii) of the following Article"; provided, however, that this does not apply when the applicant has given a different notification as provided by Order of the Ministry of Health, Labour and Welfare:

the knowledge and skills of the employees of the Business Office pertaining to said application, and the number of its personnel, satisfy the standards determined by Municipal Ordinance concerning employees that engage in Designated Community-Based Service and the number of employees determined by Municipal Ordinance;

it is found that the applicant is able to properly operate a Community-Based Service Business in accordance with the standards concerning facilities and management of the business of Designated Community-Based Service determined by Municipal Ordinance.

A Municipality, in establishing the Municipal Ordinances set forth in the items of the preceding paragraph, is to establish the matters listed in item (i) through item (iv) in accordance with the standards determined by Order of the Ministry of Health, Labour and Welfare, is to establish the matters listed in item (v) using the standards determined by Order of the Ministry of Health, Labour and Welfare as the benchmark, and is to take into consideration the standards determined by Order of the Ministry of Health, Labour and Welfare for other matters:

the standards concerning employees that engage in Designated Community-Based Service and the number of said employees;

the floor area of residence rooms pertaining to the business of Designated Community-Based Service;

the number of maximum users pertaining to the business of Multifunctional Long-Term Care in a Small Group Home and outpatient long-term care for a Dementia patient;

matters concerning the operation of the business of Designated Community-Based Service that are determined by Order of the Ministry of Health, Labour and Welfare as being closely related to the appropriate use of services by Persons Requiring Long-Term Care who use them, appropriate treatment, ensuring of safety, and maintenance of confidentiality, etc.;

the number of maximum users pertaining to the business of Designated Community-Based Service (excluding the business prescribed in item (iii)).

The Minister of Health, Labour and Welfare, when intending to establish the standards determined by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph (limited to the part concerning the handling of Designated Community-Based Service), must hear the opinion of the Social Security Council in advance.

A person prescribed in paragraph (1) who has received the designation under the main clause of Article 42-2, paragraph (1) pertaining to the application set forth in that paragraph, when intending to discontinue or suspend the business of designated day support prescribed in Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that conducted at the Business Office pertaining to said designation) or the business of designated welfare service for persons with disabilities prescribed in Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that conducted at the Business Office pertaining to said designation), must notify the mayor of the Municipality that made said designation to that effect, as provided by Order of the Ministry of Health, Labour and Welfare, no later than one month before the date of the discontinuation or suspension. In this case, when said notification is made, notification of discontinuation or suspension of the business pursuant to the provisions of Article 78-5, paragraph (2) is deemed to have been made with regard to the business of Designated Community-Based Service pertaining to said designation.

A Designated Community-Based Service Provider must act in compliance with the standards concerning Facilities and Management of a Designated Community-Based Service Business as prescribed in paragraph (2) or paragraph (5) of the following Article, offer appropriate Designated Community-Based Service according to the mental and physical condition, etc., of a Person Requiring Long-Term Care, and always endeavor to offer said services from the viewpoint of the person that receives Designated Community-Based Service by implementing a self-evaluation of the quality of the Provider's own Designated Community-Based Service and other measures.

A Designated Community-Based Service Provider, when it has confirmed, through the presentation of the certificate of insured person, etc. by an Insured Person that intends to receive Designated Community-Based Service, an Opinion of the Certification Committee pertaining to said Insured Person, must engage in offering said Designated Community-Based Service of said Insured Person in consideration of said Opinion of the Certification Committee.

A Designated Community-Based Service Provider must employ the number of employees that engage in said Designated Community-Based Service as determined by Municipal Ordinance in accordance with the standards as determined by Municipal Ordinance in each Business Office pertaining to said appointment as service provider.

In addition to the provisions in the preceding paragraph, standards concerning Facilities and Management of a Designated Community-Based Service Business are determined by Municipal Ordinance.

A Municipality, in establishing the Municipal Ordinances referred to in the preceding two paragraphs, is to establish the matters listed in items (i) to (iv) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, is to establish the matters listed in item (v) using the standards specified by Order of the Ministry of Health, Labour and Welfare as the standard, and is to take into account the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters.

the standards concerning employees that engage in Designated Community-Based Service and the number of said employees;

the floor area of residence rooms pertaining to the business of Designated Community-Based Service;

the number of maximum users pertaining to the business of outpatient long-term care for a Dementia patient;

matters concerning the operation of the business of Designated Community-Based Service that are specified by Order of the Ministry of Health, Labour and Welfare as being closely related to the appropriate use of services by Persons Requiring Long-Term Care who use or are admitted to them, appropriate treatment and ensuring of safety, and maintenance of confidentiality, etc.;

the number of maximum users pertaining to the business of Designated Community-Based Service (excluding the business prescribed in item (iii)).

The Minister of Health, Labour and Welfare, when intending to establish the standards determined by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph (limited to the part concerning the handling of Designated Community-Based Service), must hear the opinion of the Social Security Council in advance.

A Municipality, notwithstanding the provisions of paragraph (3), with regard to the matters listed in items (i) to (iv) of the same paragraph and within the scope as determined by Order of the Ministry of Health, Labour and Welfare, may provide standards concerning employees that engage in Designated Community-Based Service in said Municipality and standards concerning Facilities and Management of a Designated Community-Based Service Business.

A Municipality, when it intends to provide standards concerning employees that engage in Designated Community-Based Service in said Municipality as set forth in the preceding paragraph and standards concerning Facilities and Management of a Designated Community-Based Service Business, must reflect the opinions of Insured Persons of Long-Term Care Insurance provided by said Municipality and take necessary measures in order to promote the use of knowledge of persons with relevant knowledge and experience.

A Designated Community-Based Service Provider, when it provides notification of abolishment or suspension of business pursuant to the provisions of paragraph (2) of the following Article or when it declines an appointment as service provider pursuant to the provisions of Article 78-8, must provide coordination with Designated In-Home Long-Term Care Support Providers, other Designated Community-Based Service Providers, and other relevant persons, and provide other conveniences, to a person who received 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) within one month before the date of said notification, or a person who received said 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 on the day before the first day of the prior notice period prescribed in the same Article, and who wishes to continue to be provided with services equivalent to said Designated Community-Based Service on or after the date of said abolishment or suspension of business or the date of said decline of appointment as service provider, so that necessary In-Home Service, etc. are provided continuously.

A Designated Community-Based 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 perform said duty for a Person Requiring Long-Term Care.