Long-Term Care Insurance Act

A prefecture, with regard to Basic Guidelines, is to provide a plan concerning efficient implementation of Insurance Benefits pertaining to an Insured Long-Term Care Project by specifying three years as one term (hereinafter referred to as "Prefectural Insured Long-Term Care Service Plan").

A Prefectural Insured Long-Term Care Service Plan is to provide the matters listed as follows:

the total necessary capacity of persons to utilize Daily Life Care of a Patient Admitted to a Specialized Long-Term Care Specified Facility, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, and 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 in each fiscal year by each area provided by said prefecture, the total necessary capacity of persons that may be admitted to a Facility Covered by Public Aid Providing Long-Term Care to the Elderly, a Long-Term Care Health Facility, and an integrated facility for medical and long-term care, and prospective quantity of other Service Covered by Long-Term Care Benefits, etc.;

medium- to long-term estimates of the quantity by type of Service Covered by Long-Term Care Benefits, etc.;

matters concerning measures that the prefecture is to undertake, from a medium- to long-term perspective, regarding ensuring a system to provide Service Covered by Long-Term Care Benefits, etc.;

matters concerning measures that the prefecture is to undertake regarding support for the initiatives of Municipalities within the prefecture for supporting independent daily life of their Insured Persons in the community, preventing them from falling into a Condition of Need for Long-Term Care, etc., or reducing or preventing deterioration of a Condition of Need for Long-Term Care, etc., and ensuring the appropriateness of the expenses required for Long-Term Care Benefit, etc. (including matters concerning the targets thereof);

matters concerning measures that the prefecture is to undertake regarding promotion of initiatives aimed at realizing both the securing of the provision of high-quality Service Covered by Long-Term Care Benefits, etc. and the establishment of a stable management base for that provision, such as improving the efficiency and quality of operations and otherwise improving productivity in the provision of Service Covered by Long-Term Care Benefits, etc., and securing and improving the quality of Long-Term Care Support Specialists and other persons engaged in those operations (including matters concerning the targets thereof).

A Prefectural Insured Long-Term Care Service Plan is to endeavor to provide for the following matters, in addition to the matters listed in the items of the preceding paragraph:

matters concerning a project to promote improvement of the living environment at a Facility Covered by Long-Term Care Insurance and other facilities that are to provide Service Covered by Long-Term Care Benefits, etc;

matters concerning publication of Long-Term Care Service information;

matters concerning projects that contribute to securing and improving the quality of Long-Term Care Support Specialists and other persons engaged in Community Support Projects;

matters concerning projects that contribute to improving productivity, such as improving the efficiency of operations in the implementation of a Community Support Project, and improving quality;

matters concerning a project ensuring cooperation among organizations that are a Facility Covered by Long-Term Care Insurance and other projects for promoting the efficient provision of Service Covered by Long-Term Care Benefits, etc.;

matters concerning projects to conduct coordination among Municipalities regarding the Comprehensive Project for Long-Term Care Prevention and Daily Life Support and the projects listed in the items of Article 115-45, paragraph (2);

total capacity of residents of each of the Fee-Based Homes for the Elderly for which notification has been made pursuant to the provisions of Article 29, paragraph (1) of the Act on Social Welfare for the Elderly, the registered fee-based homes for the elderly, and the registered housing, in each area referred to in item (i) of the preceding paragraph.

A Prefectural Insured Long-Term Care Service Plan, in addition to matters listed in each item of paragraph (2) and matters listed in each item of the preceding paragraph, may provide the total necessary capacity of persons who utilize Daily Life Activities of a Long-Term Care Patient Admitted to a Combined Specified Facility in each fiscal year by area specified by said prefecture pursuant to the provisions of paragraph (2), item (i).

A prefecture is to endeavor to prepare a Prefectural Insured Long-Term Care Service Plan, after analyzing information on the status of implementation of the Insured Long-Term Care Project, such as the results published pursuant to the provisions of paragraph (1) of the following Article, taking into account the results of that analysis.

A prefecture, in preparing a Prefectural Insured Long-Term Care Service Plan, is to pay attention to the importance of effective and efficient provision of medical care and long-term care, taking into account the physical, mental and social characteristics accompanying the aging of residents.

A Prefectural Insured Long-Term Care Service Plan must be prepared in conjunction with a Prefectural Welfare Plan for Elderly as prescribed in Article 20-9, paragraph (1) of the Act on Social Welfare for the Elderly.

A prefecture is to conduct investigation and analysis regarding the status of implementation of the measures prescribed in paragraph (2), item (iv) and item (v), and the status of achievement of the respective targets, and to evaluate the performance of the Prefectural Insured Long-Term Care Service Plan.

A prefecture is to endeavor to publish the results of the evaluation under the preceding paragraph, and is to report said results and the results of the evaluation under paragraph (9) of the preceding Article by the Municipalities within the prefecture to the Minister of Health, Labour and Welfare.

A Prefectural Insured Long-Term Care Service Plan must be one for which consistency has been ensured with the prefectural plan prescribed in Article 4, paragraph (1) of the Act on Promotion of Comprehensive Securing of Medical and Long-Term Care in Communities, and with the community healthcare vision prescribed in Article 30-3-3, paragraph (1) of the Medical Care Act and the medical care plan prescribed in Article 30-4, paragraph (1) of that Act.

A Prefectural Insured Long-Term Care Service Plan must maintain a harmonious balance with a Prefectural Community Welfare Support Plan as prescribed in Article 108, paragraph (1) of the Social Welfare Act, a Prefectural Plan for Securement of Stable Supply of Elderly Persons' Housing as prescribed in Article 4, paragraph (1) of the Act on Securement of Stable Supply of Elderly Persons' Housing, and plans pursuant to the provisions of other Acts that provide matters concerning health, medical care, welfare, or housing of Persons Requiring Long-Term Care, etc.

A prefecture, when providing or changing a Prefectural Insured Long-Term Care Service Plan, submit said plan to the Minister of Health, Labour, and Welfare without delay.

The Minister of Health, Labour and Welfare, in order to contribute to the preparation, implementation and evaluation of Municipal Insured Long-Term Care Service Plans and Prefectural Insured Long-Term Care Service Plans, and to the maintenance and enhancement of the health of citizens and the maintenance and improvement of their abilities, is to conduct investigation and analysis of, and publish the results regarding, the matters listed in items (i) and (ii) out of the information concerning the following matters (hereinafter referred to as "long-term care insurance-related information"), and is to endeavor to conduct investigation and analysis of, and publish the results regarding, the matters listed in items (iii) and (iv).

status by region, by age, or by Certification of Needed Long-Term Care and Certification of Needed Support concerning the amount of expenses required for Long-Term Care Benefit, etc., and other matters specified by Order of the Ministry of Health, Labour and Welfare;

status of investigation in the Certification of Needed Long-Term Care and Certification of Needed Support of Insured Persons, and other matters specified by Order of the Ministry of Health, Labour and Welfare;

mental and physical conditions, etc. of Persons Requiring Long-Term Care, etc. who use services specified by Order of the Ministry of Health, Labour and Welfare, such as Home-Visit Long-Term Care and Home-Visit Bathing Long-Term Care, the content of said services provided to said Persons Requiring Long-Term Care, etc., and other matters specified by Order of the Ministry of Health, Labour and Welfare;

status of implementation of Community Support Projects and other matters specified by Order of the Ministry of Health, Labour and Welfare.

A Municipality must provide the Minister of Health, Labour and Welfare with the information on the matters listed in items (i) and (ii) of the preceding paragraph by the method specified by Order of the Ministry of Health, Labour and Welfare.

The Minister of Health, Labour and Welfare, when deeming it necessary, may request prefectures, Municipalities, Long-Term Care Service Providers and persons that conduct a Specified Comprehensive Project for Long-Term Care Prevention and Daily Life Support to provide long-term care insurance-related information by the method specified by Order of the Ministry of Health, Labour and Welfare.

A Municipality may request Long-Term Care Service Providers and persons that conduct a Specified Comprehensive Project for Long-Term Care Prevention and Daily Life Support to provide information on the matters listed in paragraph (1), item (iii) by the method specified by Order of the Ministry of Health, Labour and Welfare.

other administrative organs of the State and local governments: surveys concerning the planning and drafting of measures concerning health and medical services and welfare services pertaining to insurance benefits, measures for preventing falling into a Condition of Need for Long-Term Care, etc. or reducing or preventing deterioration of a Condition of Need for Long-Term Care, etc., and measures for supporting independent daily life in the community;

universities and other research institutions: research on the maintenance and enhancement of the health of citizens and the maintenance and improvement of their abilities, and on the Insured Long-Term Care Project;

private businesses and other persons specified by Order of the Ministry of Health, Labour and Welfare: analysis concerning investigation and research in the long-term care field and other business specified by Order of the Ministry of Health, Labour and Welfare (excluding that conducted for use in advertising or promoting specific goods or services).

The Minister of Health, Labour and Welfare, when conducting the use or provision pursuant to the provisions of the preceding paragraph, may use said anonymized long-term care insurance-related information in combination with the anonymized medical care-related information prescribed in Article 150-2, paragraph (1) of the Health Insurance Act, the anonymized medical insurance-related information prescribed in Article 16-2, paragraph (1) of the Act on Assurance of Medical Care for Elderly People, and other information specified by Order of the Ministry of Health, Labour and Welfare, or provide it in a state in which it can be used in combination.

The Minister of Health, Labour and Welfare, when intending to provide anonymized long-term care insurance-related information pursuant to the provisions of paragraph (1), must hear the opinion of the Social Security Council in advance.

A person who has been provided with and uses anonymized long-term care insurance-related information pursuant to the provisions of paragraph (1) of the preceding Article (hereinafter referred to as "user of anonymized long-term care insurance-related information"), in handling anonymized long-term care insurance-related information, must not acquire descriptions, etc. deleted from the long-term care insurance-related information (meaning any and all matters stated or recorded in a document, drawing or electromagnetic record (meaning a record made in an electromagnetic format (meaning an electronic format, a magnetic format, or any other format not recognizable to human perception)), or expressed by voice, movement or other methods) or information on the processing methods used in producing the anonymized long-term care insurance-related information, in order to identify the person themselves pertaining to the long-term care insurance-related information used in producing said anonymized long-term care insurance-related information, or collate said anonymized long-term care insurance-related information with other information.