Long-Term Care Insurance Act

An Establisher of an integrated facility for medical and long-term care must endeavor to provide appropriate service at an integrated facility for medical and long-term care, in accordance with the standards concerning facilities and management of an integrated facility for medical and long-term care as prescribed in paragraph (3) of the following Article (paragraph (7) of the following Article, for an Establisher of an integrated facility for medical and long-term care that has received notification pursuant to the provisions of Article 107, paragraph (5)), according to the mental and physical condition, etc., of a Person Requiring Long-Term Care, and to always provide said service from the viewpoint of the person that receives service at an integrated facility for medical and long-term care, by implementing self-evaluation of the quality of the service at an integrated facility for medical and long-term care that the Establisher provides and by other measures.

An Establisher of an integrated facility for medical and long-term care, when it has confirmed the Opinion of the Certification Committee concerning an Insured Person that intends to receive service at an integrated facility for medical and long-term care through the presentation of the certificate of insured person, etc. by said Insured Person, must endeavor to provide said service at an integrated facility for medical and long-term care to said Insured Person in consideration of said Opinion of the Certification Committee.

An integrated facility for medical and long-term care (excluding that prescribed in paragraph (5); the same applies in the following paragraph through paragraph (4)) must have medical care rooms, consultation rooms, treatment rooms and functional training rooms pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, as well as facilities specified by Prefectural Ordinance.

An integrated facility for medical and long-term care must have physicians and nurses in the number specified by Order of the Ministry of Health, Labour and Welfare, as well as Long-Term Care Support Specialists and employees that engage in care and other duties in the number specified by Prefectural Ordinance.

In addition to what is prescribed in the preceding two paragraphs, the standards concerning facilities and management of an integrated facility for medical and long-term care are specified by Prefectural Ordinance.

A prefecture, in establishing the Prefectural Ordinance set forth in the preceding three paragraphs, is to establish the following matters in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, and is to take into consideration the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters:

Long-Term Care Support Specialists and employees that engage in care and other duties, and their number;

matters concerning the management of an integrated facility for medical and long-term care 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 are admitted, appropriate treatment, ensuring of safety, and maintaining of confidentiality.

An integrated facility for medical and long-term care (limited to one pertaining to a person that has received the notification under Article 107, paragraph (5); the same applies in the following paragraph, paragraph (7) and paragraph (8), item (ii)) must have medical care rooms, consultation rooms, treatment rooms and functional training rooms pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, as well as facilities specified by Prefectural Ordinance.

An integrated facility for medical and long-term care must have physicians and nurses in the number specified by Order of the Ministry of Health, Labour and Welfare, as well as Long-Term Care Support Specialists and employees that engage in care and other duties in the number specified by Prefectural Ordinance.

In addition to what is prescribed in the preceding two paragraphs, the standards concerning facilities and management of an integrated facility for medical and long-term care are specified by Prefectural Ordinance.

A prefecture, in establishing the Prefectural Ordinance set forth in the preceding three paragraphs, is to establish the matters listed in item (i) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, taking into consideration the status of population decline in areas that fall under the standards specified by Order of the Ministry of Health, Labour and Welfare prescribed in Article 42, paragraph (1), item (iii), the status of Long-Term Care Support Specialists and employees that engage in care and other duties at an integrated facility for medical and long-term care, and other circumstances; is to establish the matters listed in item (ii) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare; and is to take into consideration the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters.

Long-Term Care Support Specialists and employees that engage in care and other duties, and their number;

matters concerning the management of an integrated facility for medical and long-term care 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 are admitted, appropriate treatment, ensuring of safety, and maintaining of confidentiality.

The Minister of Health, Labour and Welfare, when intending to provide the standards pursuant to the provisions of paragraph (4) or the preceding paragraph (limited to the part pertaining to the handling of service at an integrated facility for medical and long-term care), must hear the opinion of the Social Security Council in advance.

An Establisher of an integrated facility for medical and long-term care, when it has submitted a notification of abolition or suspension pursuant to the provisions of Article 113, paragraph (2), must provide convenience, such as coordination with the Establishers of other integrated facilities for medical and long-term care and other persons concerned, to persons who were receiving said service at an integrated facility for medical and long-term care on the day before the date of said notification and who wish to continue to be provided with service equivalent to said service at an integrated facility for medical and long-term care on or after the date of said abolition or suspension, so that necessary In-Home Service, etc. is continuously provided.

An Establisher of an integrated facility for medical and long-term care 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 its duties for a Person Requiring Long-Term Care.

With regard to an integrated facility for medical and long-term care, regardless of documents or any other methods, no person may advertise it, except for the following matters:

matters that display the name, telephone number, and location of an integrated facility for medical and long-term care;

names of physicians and nurses who are employed at the integrated facility for medical and long-term care;

in addition to the matters listed in the preceding two items, matters determined by the Minister of Health, Labour and Welfare;

other matters approved by the prefectural governor.

The Minister of Health, Labour and Welfare, with regard to the method of advertisement of the matters listed in item (iii) of the preceding paragraph, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, may specify necessary matters.

An Establisher of an integrated facility for medical and long-term care must, excluding matters pertaining to the approval under Article 107, paragraph (2), when there is a change in the address of the Establisher of said integrated facility for medical and long-term care or other particulars specified by Order of the Ministry of Health, Labour and Welfare, or when it resumes said integrated facility for medical and long-term care that had been suspended, notify the prefectural governor to that effect within 10 days, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

An establisher of an integrated facility for medical and long-term care, when it intends to abolish or suspend said integrated facility for medical and long-term care, must notify the prefectural governor to that effect by 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 the mayor of a Municipality, when he or she determines it is necessary in order for the provision of convenience prescribed in Article 111, paragraph (10) by an Establisher of an integrated facility for medical and long-term care to be carried out smoothly, may provide coordination among said Establisher of an integrated facility for medical and long-term care, the Establishers of other integrated facilities for medical and long-term care and other relevant persons, or advice and other assistance to said Establisher of an integrated facility for medical and long-term care and said relevant persons.

The Minister of Health, Labour and Welfare, in a case where two or more prefectural governors provide the coordination or assistance pursuant to the provisions of the preceding paragraph with regard to the same Establisher of an integrated facility for medical and long-term care, when he or she determines it is necessary in order for the provision of convenience prescribed in Article 111, paragraph (10) by said Establisher of an integrated facility for medical and long-term care to be carried out smoothly, may provide coordination among said prefectural governors or advice and other assistance to said Establisher of an integrated facility for medical and long-term care from a wide-area perspective beyond the prefectural area.

A prefectural governor or the mayor of a Municipality, when he or she determines it is necessary, may order an establisher of an integrated facility for medical and long-term care, a manager of an integrated facility for medical and long-term care, or a physician or other employee (hereinafter referred to as "Establisher of an Integrated Facility for Medical and Long-Term Care, etc.") to report or to submit or present medical records and other record books and documents, request an Establisher of an Integrated Facility for Medical and Long-Term Care, etc. to appear, or have the relevant official question an Establisher of an Integrated Facility for Medical and Long-Term Care, etc., or enter an integrated facility for medical and long-term care, the office of an establisher of an integrated facility for medical and long-term care, or another place related to the management of an integrated facility for medical and long-term care and inspect its facilities or medical records, record books and documents, and other articles.

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 mayor of a Municipality who, pursuant to the provisions of paragraph (1), has ordered an Establisher of an Integrated Facility for Medical and Long-Term Care, etc. to report or to submit or present, or has requested such a person to appear, or has had the relevant official question an Establisher of an Integrated Facility for Medical and Long-Term Care, etc. or conduct an inspection of an integrated facility for medical and long-term care, when he or she determines it is necessary that a disposition pursuant to the provisions of the following Article, Article 114-4, paragraph (1), Article 114-5, paragraph (3) or Article 114-6, paragraph (1) be taken with regard to said integrated facility for medical and long-term care, must notify the prefectural governor to that effect, with reasons attached.

A prefectural governor, when an integrated facility for medical and long-term care has ceased to have the medical care rooms, consultation rooms, treatment rooms and functional training rooms prescribed in Article 111, paragraph (1) (that paragraph, for an integrated facility for medical and long-term care prescribed in paragraph (5) of the same Article), and the facilities specified by Prefectural Ordinance, or has ceased to conform to the standards concerning facilities and management of an integrated facility for medical and long-term care prescribed in paragraph (3) of the same Article (paragraph (7) of the same Article, for an integrated facility for medical and long-term care prescribed in paragraph (5) of the same Article) (limited to the part pertaining to facilities), may order the Establisher of said integrated facility for medical and long-term care, specifying a period, to restrict or prohibit the use of the whole or a part of it, or, setting a due date, to repair or rebuild it.