Long-Term Care Insurance Act

In the case where, with regard to a Business Office for Short-Term Admission for Daily Preventive Long-Term Care or other Preventive Long-Term Care Service specified by Order of the Ministry of Health, Labour and Welfare, a person that has received designation under Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that pertaining to day support for children with disabilities of a type specified by Order of the Ministry of Health, Labour and Welfare according to the type of Preventive Long-Term Care Service provided by the Business Office) or designation as a Designated Provider of welfare services for persons with disabilities under Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that pertaining to welfare service for persons with disabilities of a type specified by Order of the Ministry of Health, Labour and Welfare according to the type of Preventive Long-Term Care Service provided by the Business Office) files the application set forth in paragraph (1) of the preceding Article (including the case where it applies mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 115-11) with regard to the Business Office, and all of the following items are met, in applying the provisions of paragraph (2) of the preceding Article (including the case where it applies mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 115-11; the same applies hereinafter in this paragraph), the phrase "as set forth in Article 115-4, paragraph (1)" in item (ii) of paragraph (2) of the preceding Article is deemed to be replaced with "pertaining to employees that engage in the Designated Preventive Long-Term Care Service set forth in the following Article, paragraph (1), item (i)", the phrase "as set forth in the same paragraph" with "as set forth in the same item", and the phrase "Article 115-4, paragraph (2)" in item (iii) of the same paragraph with "the following Article, paragraph (1), item (ii)". However, this does not apply where the applicant has made a different notification pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

the knowledge and skills and the number of employees of the Business Office pertaining to said application satisfy the standards specified by Prefectural Ordinance pertaining to employees that engage in Designated Preventive Long-Term Care Service and the fixed minimum number of employees specified by Prefectural Ordinance;

when it is determined that the applicant is able to properly operate a Preventive Long-Term Care Service Business in accordance with the standards specified by Prefectural Ordinance concerning effective methods of support for Prevention of Long-Term Care pertaining to Designated Preventive Long-Term Care Service and the standards concerning facilities and management of the business of Designated Preventive Long-Term Care Service.

A prefecture, in establishing the Prefectural Ordinances set forth in the items of the preceding paragraph, 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 that engage in Designated Preventive Long-Term Care Service and the number of said employees;

floor area of residence rooms pertaining to the business of Designated Preventive Long-Term Care Service;

matters concerning the management of the business of Designated Preventive Long-Term Care 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 Support who use them, appropriate treatment, ensuring of safety, maintaining of confidentiality, etc.;

maximum number of users pertaining to the business of Designated Preventive Long-Term Care Service.

The Minister of Health, Labour and Welfare, when intending to provide the standards specified by Order of the Ministry of Health, Labour and Welfare as prescribed in the preceding paragraph (limited to the part pertaining to the handling of Designated Preventive Long-Term Care Service), must hear the opinion of the Social Security Council in advance.

In the case where a notification of abolition or suspension of business pursuant to the provisions of Article 21-5-20, paragraph (4) of the Child Welfare Act has been made with regard to 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 a notification of abolition or suspension of business pursuant to the provisions of Article 46, paragraph (2) of the Comprehensive Support for Persons with Disabilities Act has been made with regard to 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), by a person prescribed in paragraph (1) who has received the designation set forth in the main clause of Article 53, paragraph (1) pertaining to the application set forth in the same paragraph, a notification of abolition or suspension of business pursuant to the provisions of Article 115-5, paragraph (2) is deemed to have been made with regard to the business of Designated Preventive Long-Term Care Service pertaining to said designation.

A Designated Provider of Preventive Service of Long-Term Care must act in compliance with the standards concerning effective methods of support for Preventive Long-Term Care Service pertaining to Designated Preventive Service of Long-Term Care as prescribed in paragraph (2) of the following Article and standards concerning facilities and management of a business of Designated Preventive Service of Long-Term Care, offer appropriate Designated Preventive Service of Long-Term Care according to the mental and physical condition, etc., of a Person Requiring Long-Term Care, and always engage in offering said services from the viewpoint of the person that receives Designated Preventive Service of Long-Term Care by implementing self-evaluation of the quality of the Provider's own Designated Preventive Service of Long-Term Care and other measures.

A Designated Provider of Preventive Long-Term Care Service, when it has confirmed, through the presentation of the certificate of insured person, etc. by an Insured Person that intends to receive Designated Preventive Long-Term Care Service, the Opinion of the Certification Committee pertaining to said Insured Person, must endeavor to provide said Designated Preventive Long-Term Care Service to said Insured Person in consideration of said Opinion of the Certification Committee.

A Designated Provider of Preventive Long-Term Care Service must have, for each Business Office pertaining to said designation, in accordance with the standards specified by Prefectural Ordinance, the fixed minimum number of employees that engage in said Designated Preventive Long-Term Care Service specified by Prefectural Ordinance.

In addition to the provisions in the preceding paragraph, the standards concerning effective methods of support for Prevention of Long-Term Care pertaining to Designated Preventive Long-Term Care Service and the standards concerning facilities and management of the business of Designated Preventive Long-Term Care Service are prescribed by Prefectural Ordinance.

A prefecture, in establishing the Prefectural 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 that engage in Designated Preventive Long-Term Care Service and the number of said employees;

floor area of residence rooms, medical care rooms and patient rooms pertaining to the business of Designated Preventive Long-Term Care Service;

matters concerning the management of the business of Designated Preventive Long-Term Care 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 Support who use them, appropriate treatment, ensuring of safety, maintaining of confidentiality, etc.

maximum number of users pertaining to the business of Designated Preventive Long-Term Care Service.

The Minister of Health, Labour and Welfare, when intending to provide 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 Preventive Long-Term Care Service), must hear the opinion of the Social Security Council in advance.

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

A Designated Provider of Preventive Long-Term Care Service 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.

A Designated Provider of Preventive Long-Term Care Service, 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 are changed, or when it resumes the business of said Designated Preventive Long-Term Care Service that was suspended, 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 Provider of Preventive Long-Term Care Service, when it intends to abolish or suspend the business of said Designated Preventive Long-Term Care Service, 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.